Public Holiday On Election Day

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 was granted a public holiday a paid day off from work for all, and an additional amount to 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 teh middle of nowhere.
Come elections every man and his party are using the taxpayers money to coerce citizens with breyani and a less than sterling character from Bollywood. the woes of the country are not being fully addressed, and certain people are still being marginised. No one is really for the people anymore.....
We still has a good govt, better than most - and hope that someday we will have a fair democracy. :icon10:

We can declare 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 compulsory, of course as CSR activity. :-P

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

Therefore the law says that all the shops and establishments shall be closed on the date of polling in the constituency where general election or bye-election is to be held.

The aforesaid provision of R.P.Act further says if an employer transgress or violates Sec.135B , such employer shall be punishable with fine which may extend to Rs.500/- If election to the Lok Sabha or State Legislative Assembly is conducted other than Sunday or other closed holiday, a local holiday is usually declared by the State Government concerned on the day of polling. Whenever such holiday is declared by the State Government concerned, the Central Government Offices situated in such places should also be closed.

Suppose , the day of polling does not fall on a Sunday or a public holiday , which is already declared under the N.I. Act,1882, then the State Government concerned should direct its officials to give instructions to Business,Commercial and Industrial establishments in the private sector to declare a paid holiday for their employees on the day of polling.

Let's get realistic.
Casting vote practically does not require more than a minute and at the 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, everyone 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

Dear All,
Though the statoury requirment is to give paid holiday on election day but it is common practice in most of the companies that the holiday granted due to election is replaced by other holiday of the company excluding national holidays.
Regards
Jagan

Hey guys,
Can anyone tell me what we are going to do on 13th May, Tamilnadu'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 ie Twice the normal wage etc,how ever the employee has to be given minimum 3 hours time to cast his vote which is mandatory.
with out giving time to cast vote and taking work is bad in law and against constitutional right
Patrudu

first of all u do not take the work with the workers on that day but if ur factory is a continuous process then for this u have to inform to labour dept. before the election day by giving a letter as like formate is given below -
To,
the Deputy Labour Comm.
.............................
R/Sir,
Due to my factory is a continuous prcess factoryso we can not close the plant on that day. so you are requested to give me the permission to run the plant on that day. company will provide the facility to give the vote to voter.
Thank You,
Regards,
Gautam
M/s...................
.......................

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.