How Does the Election Day Holiday Affect Your Business in Maharashtra?

Dear HR Friends,

Please find the attached notification related to the holiday on election day in Maharashtra.

1. Pursuant to Circular No. FDE-2009/C.R.335/Lab-9 dated 1st October 2009 issued by the Government of Maharashtra, Industries, Energy & Labour Department, general elections to the Legislative Assembly of Maharashtra will be held on Tuesday, 13th October 2009.

2. Members are informed that the Representation of People Act, 1951, was amended in the year 1996 by the Representation of People (Amendment) Act, 1996, by the insertion of a new Section 135-B providing for the grant of a paid holiday to employees on the day of the poll. The relevant section is reproduced overleaf for the information of Members. In view of the insertion of Section 135-B and subject to subsection 4 thereof, it is now necessary for employers in any business, trade, industrial undertaking, or any other establishments to grant a paid holiday to employees who are entitled to vote at the election.

3. The Government of Maharashtra has separately, by its Notification dated 29th September 2009, declared the day of the election to be a holiday under the Negotiable Instruments Act, 1881.

4. Members may please note that the Representation of People Act, 1951, being a Central enactment, would be binding insofar as the applicability of Section 135-B to all persons employed in any business, trade, industrial undertaking, or any other establishments for the purpose of granting a paid holiday on the day of the election.

5. Enclosed is a copy of the above circular calling upon employers to grant a paid holiday to all employees eligible to vote.

Please let me know if you need any further information.

Thank you.

Generally, it is observed that most employers either ask their employees to work on Sundays or other holidays or adjust the time off in compensatory leave (CL). Can employers take such actions?

Hi,

Can anybody help me with the notification for leave in Haryana State on Election Day?

Regards,
Ajay Sharma

Dear all,

This is for your information.

Regards,
Octavious

Hello,

As per the IT and ITES policy of 2003, companies that fall under public utility services, Essential Services, and those in IT Parks are allowed to work 24/7/365. Does this notification exempt those? Can anyone comment on whether employees of such organizations can come and work if they want, or should it be a paid leave for all?

Regards,
Suman

Dear All / Seniors,

I have a question: Is this paid holiday applicable to contract workers as well? I mean, since it is a holiday, we are not deploying the contract workers on that day. How do we pay them in lieu of the paid holiday?

Raj

Hello,

As per the IT and ITES policy of 2003, companies that fall under public utility services, Essential Services, and those in IT Parks are allowed to work 24/7/365. Does this notification exempt those? Can anyone comment on whether employees of such organizations can come and work if they want, or should it be a paid leave for all?

Regards,
Suman

Dear All,

Please give your suggestions for the concern raised by Suman. I would also like to know whether ITES are exempted or not.

Tarun

Thank you for your message.

I work as an HR officer in an Export House in Mumbai. Are these regulations applicable to all companies?

Our office is located in a commercial complex.

Please respond promptly.

Regards, Archana

Hi Seniors,

I work for a U.S. BPO where the operation timings start in the evening from 6 pm. So, is it necessary to give a holiday on 13th Oct 09 when the voting is from 7 am to 5 pm? Call centers are exempted from this shutdown on 13th Oct 09.

Regards,
Vikas

Dear Seniors,

I have gone through the below message as well as the Representation of People Act 1951.

Sec 135B goes as follows: "Every person employed in 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, on the day of the poll, be granted a holiday."

I understand from the above words that the establishment shall not be declared a holiday. If any employee is not attending the office on the polling day, the management is not supposed to deduct salary or mark leave; instead, they should be given a paid holiday, provided that the employee is eligible to vote in that election. For example, if I am working in Mumbai and am listed as a voter in Tamil Nadu, why should I be given a paid holiday when I am not eligible to vote there?

Hence, I presume that the establishment need not be closed on the polling day. Instead, whoever is entitled to vote should be given a paid holiday.

Seniors, please correct me if I am wrong.

Regards,
Krishnaraj P R
+91 9840355204

Dear HR Friends,

Please find the attached notification related to the holiday on election day in Maharashtra.

1. Pursuant to the Circular No. FDE-2009/C.R.335/Lab-9 dated 1st October 2009 issued by the Government of Maharashtra, Industries, Energy & Labour Department, general elections to the Legislative Assembly of Maharashtra will be held on Tuesday, 13th October 2009.

2. Members are informed that the Representation of People Act, 1951 was amended in the year 1996 by the Representation of People (Amendment) Act, 1996 by the insertion of a new Section 135-B providing for the grant of a paid holiday to employees on the day of the poll. The relevant section is reproduced overleaf for the information of Members. In view of the insertion of Section 135-B and subject to subsection 4 thereof, it is now necessary for employers in any business, trade, industrial undertaking, or any other establishment to grant a paid holiday to employees who are entitled to vote at the election.

3. The Government of Maharashtra has separately, by its Notification dated 29th September 2009, declared the day of the election to be a holiday under the Negotiable Instruments Act, 1881.

4. Members may please note that the Representation of People Act, 1951, being a Central enactment, would be binding insofar as the applicability of Section 135-B to all persons employed in any business, trade, industrial undertaking, or any other establishments for the purpose of granting a paid holiday on the day of the election.

5. Enclosed is a copy of the above circular calling upon employers to grant a paid holiday to all employees eligible to vote.

Vikas - you guys can work since your operations are post-voting time. You can resume work anytime after 5 once the voting period is over. That is what we are doing too.

Regards,
Suman

Thank you so much, Uday. Now it will be easier for me to convince my employer regarding the same, as they are not in favor of any such holiday.

Regards,
Gunjan Malviya
HR Manager
Infinity Industries Pvt. Ltd.

This is the first time the Election Commission has asked to stop entire activities of a State for elections. In the global era and times of recession, this is totally unwarranted and unjustified to stop industries, hotels, cinemas, etc. for one day.

Long live Indian "democracy"!

Regards,
Dixon
Hyundai, Pune

Dear Dixon,

I believe that having a good government that is truly representative of the people is more important than one day of production. However, you are entitled to your own thoughts on the matter, even if it involves considering an incompetent or nonexistent government.

This is the first time the Election Commission has requested the cessation of all activities in a state for elections. In this global era and times of recession, it is entirely unwarranted and unjustified to halt industries, hotels, cinemas, etc., for just one day.

Long live Indian "democracy"!

Best regards,
Dixon
Hyundai, Pune

Dear Krishnaraj,

Kindly do not presume things; nor try to interpret the law as if you are the Supreme Court of India.

Regards.

Dear Raj Kumar,

Appreciate your patience for replying to each post individually. When the Government of Maharashtra declares a holiday with pay for all employees of shops, establishments, eating houses, theatres, etc. in Maharashtra, it becomes binding on the employees of such establishments.

In order to ensure that the paid holiday is given to the employees, the Government is declaring a holiday. The Government also exempted, in the same notification, some establishments whose work cannot be stopped.

When the Government issues an order, it is the duty of the persons concerned to comply with the orders. There is no scope for: "I think," "I presume," "I feel," etc. There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCES.

KCS Kutty

[QUOTE=K C S Kutty;907190]

Dear Raj Kumar,

Appreciate your patience for replying to each post individually. When the Government of Maharashtra declares a holiday with pay to all employees of shops, establishments, eating houses, theatres, etc. in Maharashtra, it is binding on the employees of such establishments. In order to ensure that the paid holiday is given to the employees, the Government is declaring a holiday. The Government also exempted, in the same notification, some establishments whose work cannot be stopped. When the Government issues an order, it is the duty of the persons concerned to comply with the orders. There is no scope of "I think," "I presume," "I feel," etc. There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE.

KCS Kutty

Thanks, KCS Kutty ji. You correctly say: There is only one choice - OBEY THE ORDER OR FACE THE CONSEQUENCE. I am taking pains to ensure that these members understand the issue correctly and do not end up in trouble. As citizens also, we should obey the laws; else, there will be no law and order, and a state of anarchy shall prevail.

Warm regards.

Paragraph 2 of the said G.O. reads as, "The employer shall be subject to penal action for any infringement of the above instructions as per the provisions of the People's Representation Act, 1951."

Hi friends, I'm working in a private organization where we still have not received any circular for the above-mentioned holiday. Is it compulsory to give a holiday? If an organization does not provide a holiday, what action will be taken against the employer? Please reply as soon as possible.

Thank you in advance.

Our HR Director says that he will give a day off on the day of the polls if everyone works on a Saturday to compensate for the holiday. My question is, "Is this the right practice?" Kindly let me know.