How Are You Planning to Spend the Public Holiday on Election Day, May 7th, 2009?

Dear Friends,

Please inform me of your plans for the Public Holiday declared by the Government on May 7th, 2009 (Election Day). It's urgent, so please reply as soon as possible.

Thank you.

Dear Virender,

Once the government has declared a holiday, it has to be given; there are no ifs, ands, or buts.

Thanks,
J. S. Malik

Dear Sir,

In my company, there is no holiday for the election day. It is a Pvt. Ltd. Company. In Pune, the election was held on the 23rd of April. But as per law, we have to give two days' salary for that day.

On election day, if some employees work from 10:00 to 4:00 (normal working timings are 10:00 to 07:00), then there is no extra salary we will pay (as per my management). Is there any rule? Kindly guide.

Regards,
Archana

We are off on Election Day, but compensating for the day off by working on Friday (we have Fridays off).

Regards,
J

When there are so many campaigns all around asking us to cast our vote, I often wonder why such concerns are raised instead of firms encouraging their employees to do so. Isn't it kind of a CSR for all the firms?

And for Archana, why don't all of you people get together and present it as a unified concern to your superiors so that you see some action?

What Jiya has said is practical. It can be compensated for by working on another occasion.

There is an amendment in the Representation of People Act 1951, Sec 135-B was inserted, and it states that effective 1st August 1996, "Every person employed in any business, trade, industrial undertaking, or any other establishment and entitled to vote at an election to the House of People or the Legislative Assembly of a State shall and Parliament, on the day of the poll, be granted a holiday. Therefore, it is mandatory on the part of the employer to grant a paid holiday to employees who are entitled to vote for the election.

Regards,
Shiv

Circular

23.04.2009

In view of the 15th Lok Sabha election, the polling day on 13.05.2009 (Wednesday), the Tamil Nadu government has declared a public holiday. Employees of our institute attending duties on that day are eligible to take Compensatory Off.

You can compensate the election date holiday by providing an off day in exchange, contingent upon whether he/she is present on the designated off day or not.

Please let me know if you need further assistance.

When the government has declared a holiday, it has to be given - there is no other choice. If you break the rules and someone from your company files a complaint, it would be a serious matter. So, it is better to declare a holiday.

Satish

Dear,

On citehr, we have often expressed our opinion that this should be declared a holiday with pay as per Section 135B of the Representation of Peoples Act. According to this law, we cannot compensate for this holiday, and the rest depends on you. There are managements whose HR members are stating that they will not comply with the law of the land. It is now up to the ECI to decide how they will enforce it. Do whatever you deem fit.

Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361

Dear all
In view of the above Act. I have some questions.

ØIs there any provision for working on the Election Day with special permission from labour office or any other authority by paying the double salary.
ØWe have employees from Punjab, Haryana, Gujarat Maharastra and Himachal and plant at Himachal so how can we declare the holiday due to different election dates.
ØCan employees are demand for compensatory off or OT for the working on the election dates of there states.
ØCan we compensate the same by working on other off day? If yes, is it legal?

We had an election two weeks ago and were granted a public holiday, a paid day off from work for all, and an additional amount for those who are working the elections. These jobs should have been earmarked for the unemployed only. It coincided with my very long vacation, and I can tell you I had a wonderful holiday in the middle of nowhere.

Come elections, every man and his party are using taxpayers' money to coerce citizens with biryani and a less than sterling character from Bollywood. The woes of the country are not being fully addressed, and certain people are still being marginalized. No one is really for the people anymore.

We still have a good government, better than most - and hope that someday we will have a fair democracy. :icon10:

We can declare a holiday on the election day, but it will be compensated on some other day. As Kavi said, the management can ask the employees to vote compulsorily, of course as a CSR activity. :-P

---
I have corrected the spelling and grammar errors in the text and adjusted the formatting to ensure proper paragraph structure.

Section 135B of The Representation of People Act, 1951 (known as Election Law along with Article 323 of the Constitution of India), states that every person employed in any trade, business, industrial undertaking, or establishment, and eligible to vote in an election to Lok Sabha or Legislative Assembly of a state shall be granted a paid holiday on the day of the poll. This is a mandatory legal requirement under the aforementioned law.

Therefore, the law mandates that all shops and establishments must remain closed on the date of polling in the constituency where a general election or bye-election is scheduled to take place.

The above provision of R.P. Act further stipulates that if an employer breaches or violates Section 135B, such employer shall be subject to a fine of up to Rs. 500/-. If an election to the Lok Sabha or State Legislative Assembly is held on a day other than Sunday or a designated holiday, the concerned State Government typically declares a local holiday on the polling day. In such cases, Central Government Offices in those areas are also required to be closed.

If the polling day falls on a day that is neither a Sunday nor a public holiday as per the N.I. Act, 1882, the State Government in question should instruct officials to advise businesses, commercial enterprises, and industrial establishments in the private sector to declare a paid holiday for their employees on the polling day.

Let's get realistic.

Casting vote practically does not require more than a minute and at best an hour's time for the queue. So, I think those companies are fully justified if they do not declare a holiday on election day, but allow employees to come late or go early to cast their votes. A fine against the same is paltry Rs.500/- which is worth paying (if at all it is ever levied) than losing Lakhs of Rupees for closing the unit for one full day. It has been a habit of Indian employees (including myself) to cry for an off day whenever there's an opportunity. And, say it or not, every one of us is more than happy on an election day not because we get to cast our votes or care for our democratic rights, but because we get a day off. Do I hear anyone differ from my viewpoint?
Prashant

When there are so many campaigns all around asking us to cast our vote, I ever wonder why do such concerns raise instead of the firms encouraging their employees to do so. Isn't it kind of CSR for all the firms? And for Archana, why don't all you people get together and put it across as a concern to your heads unitedly so that you receive some action. And what Jiya has said is practical. Can compensate it by working on some other occasion.

Dear All,

Although the statutory requirement is to give a paid holiday on election day, it is a common practice in most companies that the holiday granted due to an election is replaced by another holiday of the company, excluding national holidays.

Regards,
Jagan

Hey guys,

Can anyone tell me what we are going to do on May 13th, Tamil Nadu's polling day?

Viji Mgr HR

Upon seeing the various responses, I opine that in case of taking work, payment of wages as per applicable law shall be paid, i.e., twice the normal wage, etc. However, the employee has to be given a minimum of 3 hours to cast his vote, which is mandatory.

Without giving time to cast a vote and taking work is bad in law and against constitutional rights.

Patrudu

To:
The Deputy Labour Commissioner
[Location]

Dear Sir,

Due to my factory being a continuous process facility, we are unable to close the plant on the upcoming election day. Therefore, I kindly request your permission to operate the plant on that day. The company will ensure that arrangements are made for employees to cast their votes conveniently.

Thank you.

Regards,
Gautam
M/s [Company Name]

FYI
Company Name XYZ
Veraval
April 27, 2009
N O T I C E
It is hereby notified that voting for Lok Sabha Election will be held on 30th April,2009 from 7.00 a.m. to 5.00 p.m. All the employees are hereby informed that since the time for casting vote is up to 5.00 p.m. in order to facilitate our employees to cast their votes on 30.04.2009, General Shift will be closed at 2.00 p.m. instead of 5.30 p.m. on 30.04.2009. There will be no recess from 12.30 p.m. to 1.30 p.m. for General Shift.
The employees in ‘A' Shift can cast their votes after 3.00 p.m. and employees in ‘B' Shift can cast their votes before 3.00 p.m.