Are Election Day Holidays a Standard Practice in All Corporations?

Dear All,

Please suggest if every corporation allows holidays for the Election (30.04.2009).

Regards,
Supriya

Yes, a directive from the Election Commission and the respective State Government states that all polling days have to be declared as paid holidays.

Hi Supriya,

Yes, all corporates are allowing a holiday for the Election. This was the circular that I have sent to my employees.

Dear XXX,

As you are aware, General Elections and State Legislative Elections in 2009 are around the corner. Since every citizen should cast their valuable vote, a holiday has been declared by our company based on the day of polling as announced by the Election Commission. A circular is attached herewith with the scheduled holiday dates.

CIRCULAR

In view of the General Elections to be held in India for State Legislative Assembly and Parliament, a holiday has been declared for our Operations in different States on the dates given below to enable XXX to cast their vote.

Andhra Pradesh (Hyderabad) - 16-April-2009
Karnataka (Bangalore) - 23-April-2009
Maharashtra (Mumbai) - 30-April-2009
Gujarat (Ahmedabad) - 30-April-2009
Tamil Nadu (Chennai) - 13-May-2009

XXX, exercising your franchise is a right vested in us under the constitution of our great country. You are hereby requested to ensure that you cast your vote during the parliamentary elections.

Dear,

It has to be declared a paid holiday. I am attaching the notification issued by the Election Commission of India.

Thanks,
J.S. Malik

When it is declared as a paid holiday, most companies have also declared a compensatory working day. I think this is not a good sign.

Sincerely, [Your Name]

Thanks, Mr. Malik, for the notification. Most of the companies are not aware of this, and many of them have kept the offices open on Election Day!

Supriya,

Government may declare holidays applicable to the Public Sector and Government Sector only. But in the private sector, this Government Circular is not applicable; hence, you have to abide by the relaxing time to cast your vote.

Abraham

In Maharashtra, the Labour Commissioners have issued notifications making it mandatory for all companies registered under the Shops and Establishments Act to declare a paid holiday on election days. Hence, it is not only government and PSU organizations that have to declare a holiday for elections.

Dear Ravi,

I faced this situation in my first job. Your employer will ask you a question: why did you declare a holiday? Because it is not an authorized holiday. If he comes to know that other industries and organizations were working on election day with some time relaxation to cast their votes, you will be in trouble.

Abraham

This means all hotels, restaurants, shops, and offices will remain closed is amazing and abnormal.

This notification shall be carefully read before you implement a holiday because you will witness that all shops and hotels are functioning normally.

Abraham

Dear Mr. Abraham,

Yes, all shops and establishments registered under the Shops and Establishments Act are expected to be closed on election days. They have been given permission to shift their weekly closing day to the day of the election. Moreover, they are free to open for business after the scheduled hours for voting are over. If somebody willingly flouts the orders, it is their choice. However, as an HR professional, you are expected to be aware of the law. If you choose to please your bosses by giving them the wrong advice, that is also your choice.

Dear All,

Now it is up to the Government and Election Commission of India to implement their instructions and section 135-B of the Representation of Peoples Act.

Regards,
R.N. Khola

(Labour Law & Legal Consultants)
09810405361

You need to give a holiday because not giving a holiday will be treated as an excuse by employees to not go to vote. So, please do give a holiday. It seems most HR departments only please their bosses by keeping offices open 24/7 and putting pressure on employees. This is a bad practice. Please give leave tomorrow.

Dear All,

Please suggest to me if every corporation is allowing a holiday for the election on 30.04.2009.

Regards,
Supriya

Hi Supriya,

There are many companies that have declared a holiday for the election. However, it makes sense to declare a holiday for corporations only when we receive notification from the respective state government or election commission.

Regards,
Raghavendra

Hi all,

Please declare a holiday on election day. We at Hyderabad declared a holiday as per the press note from the Election Commissioner. Some of the organizations that opened their offices on election day were served with a notice from the EC. The media was too enthusiastic to expose such cases. Please take a call.

I work in the Pvt. Sector and I have noticed that there is rarely a holiday on Election Day. Pvt. Sector plays it smart; they instead give the option to employees to choose the same from their leaves or opt for an option leave. If not, then they allow employees either to come 2 hours late in the morning or go 2 hours early in the evening. I think this way Election Day is celebrated in the Private Sector. No matter how many circulars the Government might issue, it is null and void when the same is applicable to the Pvt. Sector. Casting a vote just requires 2 minutes, and if there is a line, then maybe a maximum of 1 hour you would get your chance. So why waste the whole day and make it a compulsory day off? As per the logic given in the Pvt. Sector, it makes sense. Ultimately, you guys choose what you want for your company. We are working on the day, and the employee can decide, but if work is there, he can come late by 2 hours, take a short leave after casting his vote, and work.

Hi Supriya,

This is in reference to your query regarding Election Day. For your convenience, please find attached Section 135B of the Representation of the People Act. According to this section, you are required to declare a holiday on the Election Day.

As per the circular issued by the Chief Labour Commissioner, it has been mandated as a public holiday under the Bombay Shop & Establishment Act due to the Lok Sabha elections. I have also attached the PDF for your perusal. Please review it.

Thanks & Regards,
Jyo

Dear Sir,

Thank you for sharing such informative knowledge. It would be great if you could please inform us if a person is a local resident of another place and is working with us in Kolkata. According to the rules, they should be allowed to take 2 days off for local elections and also for elections in Kolkata.

Thanks and regards,
Amrita

In Kerala, what we have done in our company is we declared a holiday with wages. Since we are in the healthcare industry, we adjusted our work schedule to allow employees to cast their votes. Those who worked on the day of the election are given a compensatory day off as well.

Our group comprises private companies in Gujarat employing close to 800 employees. There is no holiday scheduled for the 30th of April. What should we do? Abraham, could you please provide more details on relaxation time? Our lunch timings are from 1:30 to 2:00, and many employees commute from nearby cities. What arrangements are in place for them?

Dear,

You may contact/inform the Election Commission of India or the District Collector of the area regarding clarification or enforcement of section 135B of the Representation of People Act.

Regards,

R.N. Khola

(Labour Law & Legal Consultants)
09810405361

This "Of Course" is written in response to Mr. Bhrdwaj Utpal's query from Delhi. This is just for clarification.

Regards, R.N.Khola

(Labour Law & Legal Consultants) 09810405361

Dear All,

Is there leave for those who are outsiders and not going to cast their vote on 30.04.09? Please suggest to me if every corporation is allowing a holiday for the election on 30.04.2009.

Regards,
Supriya

Dear Malik Sir,

My company is an engineering company, and I have discussed with our Director regarding the circular on Election for Paid Holiday. However, the director informed me that we will be following Section 135B(4) of the Representation of the People Act, 1951. Is it possible for us to continue working on that day under this section? Please advise on what I should do.

Best regards,
Vishal Yadav

Dear Vishal,

You read the section, and you will get the answer. It is a paid holiday.

Regards,
JS Malik

Dear Malik Sir,

Sorry, sir, for mentioning the wrong section. We will need information to continue my work under section 135-B (4) of The Representation of People Act, 1951. If not, which industries are covered under this section, please guide me.

B.R. Vishal.