Office Closures for Elections: Should Employees Get Time Off for Assembly Voting?

Hi,

As per the above article in The Times of India today, all offices have to be shut, and employees given a day off. For the Lok Sabha elections, we gave our staff 3 hours off to vote. Would this also be possible for the Assembly elections?

Thank you.

Yes, offices/factories should declare a holiday or be closed on the day of polling for either Parliament or State Assembly elections. This closure is applicable only during the polling hours. Failing to close or declare a holiday, the management will be penalized by the Election Commission.

The labor commissioner has issued a circular to close all the shops and offices on the day of polling. Don't dare to open the office; let all employees cast their votes for the leader of their choice. Happy voting.

Rajesh

Hi all,

I think there is a solution to it. We can give flexibility to employees for 2 hours for voting. Let people decide what time they want to go and come back. Is this okay?

Umesh

I am of the opinion that every person employed in the trade, business, industrial undertaking, or any other establishment and entitled to vote at an election to the legislative assembly of a state shall, on the day of the poll, be granted a holiday.

Regards,
Umesh Kapoor

Dear All,

This is for your information. The information is from an internet resource.

Regards,
Octavious

It is important to cast the vote. But I cannot agree with the comment of AnonymousA.

If we are keeping all the rules, then India would have become the number one country in the world. I have seen a news report on IBN 7 related to the comment of the Home Minister regarding keeping public places clean. IBN had a very good report on that, showing the present situation of public places. It's everyone's right to keep public places clean. All rules must be followed, not just some of them.

I am of the view that the government should also ensure that people cast their votes after taking a paid holiday. Why only compulsion on the employer only?

I think it's okay to have a working day but be flexible as an employer to give time off rather than declaring a compulsory holiday. Hopefully, assuming that people won't misuse their time off.

"Hey, great! I will take time off and not vote! I will go out and enjoy myself. Voting? Who cares?

How does an HR person handle such an attitude? Also, it may not be possible to exclude essential services like police, fire brigade, hospitals, hotels, public transport, etc. Then why should only "office staff" get the benefit?

Two to three hours of late coming or early leaving should be the norm for all employees across industries."

Dear, I have gone through the notification and the circular sent by senior member Octavious. The notification is very clear. Employers have to declare the paid holiday on 13th October 2009; otherwise, they will have to face the consequences.

V.K. Gupta

Hi,

Yes, offices/factories should declare a paid holiday on the day of polling to allow employees to cast their vote. This closure is applicable only during polling hours. If you have any business exigencies or production needs that require the office/factory to be open, you can call employees in for the night shift as well.

Dear All,

We should follow the law not only as a 'law' but also in 'spirit'. I am adding the State Notification issued by the Haryana Government declaring the 13th as a Paid Holiday for units situated in Haryana.

Regards,
Amit

Hi friends,

My management is not giving any holiday on the 13th. They may give 2 hours off. Is it okay?

I also have another doubt. We did not have a holiday on 2nd October as well. As far as I know, it's a national holiday, but is it optional?

Please help.

There is no such notification issued. Yes, government and PSU offices have been instructed to close on polling day, and there is a request to close private sector offices or provide employees with proper time so that they can cast their votes. I am sure about Haryana but not very clear on Maharashtra or Arunachal Pradesh.

Therefore, I request all the HR personnel not to get carried away and use the notification in the organization and employees' best interest.

Cheers!

I am responding to the hope expressed by Roopa Krishnakumar. I suggest that the establishment should be closed for the whole day and not just half a day in order to comply with the notification.

With warm regards,

UMESH KAPOOR

Dear Umesh,

Yesterday, we had a meeting with the Labour Commissioner, and he made it very clear that an exemption is given only to continuous manufacturing processes, and you have to declare a Paid Holiday as per the State Government Notification. Please note that you are not allowed to work on the weekly off day to compensate for the 13th. If anyone reports that you are working on the 13th, the District Collector will take stern action as laid down under the law.

Regards,
Satish

Yes, it's mandatory to close offices on 13th Oct. If any employer does not follow the same, the election commission may take action against that employer.

In my opinion, the employer can halt all working processes after half a day. Employees can use the remaining half of the day to vote.

Dear Colleagues,

Can we split the minimum wages into other categories such as basic+DA+HRA? If yes, could you please send us the related circular.

Kindly help in this regard.

Dear Niku,

We take decisions very quickly without even knowing the facts. The notification given for Haryana government clearly mentions and states to enable every person who is employed in any business, trade, industrial undertaking, or any other establishment situated in the states of Haryana are entitled to a paid holiday. So, what instructions do you need for the private sector?

There is no space for requests in the law. Just read Section 135B of the People's Representation Act; you will get a clear picture.

JS Malik

Dear,

You are no one to criticize the complete HR fraternity. You do not have your own identity, yet you know how to criticize others. Dear, I agree with all your comments that once the government has a law and declared holidays as per the People's Representation Act, then it should be a holiday. All establishments should follow the law of the land. However, small establishments or establishments run by owners often change the law as per their choice. For that, you cannot blame the whole HR community.

I suggest creating your own identity and not remaining anonymous in your life.

Regards,
JS Malik

Please find herewith the notification from Haryana Govt.

Corrected:
Please find herewith the notification from the Haryana Government.

If any individual is from Mysore or some other place, then how can he go to cast his vote and come back in half a day or 2 hours... People would prefer coming to the office instead of traveling all the way just for voting. Need to think of that too....

I think AnonymousA is correct in his opinion.

When the government notification, in no uncertain terms, declares it a paid holiday; where is the question of giving 2 or 3 hours leave or ensuring whether an employee really went to vote or not?

What is the point in arguing that if people do not follow rules, why should we follow rules? Intent on violating, someone even wants to know what the penalty is for not complying.

I wonder how HR persons can have this kind of thinking.

But I don't blame the thinking of HR persons involved. For the sake of their career growth and better compensation, they dance to the tune of the management of such rogue and bad companies who do not think twice before violating the rules; which has corrupted their thinking.

Sorry, Malik ji and others, if my words sound harsh; but it is true.

People with no competence, no relevant education, no understanding of the legalities, no sensitivity, no scruples have come to occupy the HR posts (simply because there are no qualifying standards set by the government like they have for a medical practitioner, legal practitioner, Chartered Accountant etc. There is not even a coordinating body to check the competency of professionals).

To conclude, I think sugarcane juice vendors would make better HR professionals; and please do not insult them by saying "I think all the HR before joining this job were sugarcane juice shopkeepers". I am sure they understand the law and abide by it, they do not have this kind of thinking which signifies anarchy; not to speak of their sensibilities and their sense of natural justice.

Now, for the brickbats... I am ready, cause I know many do not have the courage to look at themselves.

Regards.

This is in response to the reply to my views expressed earlier -

Some of our "professionals" do not seem to understand the necessity of the government declaring 13th Oct as a paid holiday. Every citizen above 18 years of age has the "right" to vote, but it is the "duty" of that individual to go out and vote, so that we may elect the right individuals to the highest office of the state.

It is a national shame that we call ourselves the largest democracy in the world but at election time we take a "holiday". The most recent and glaring example is of the last Lok Sabha election in May 2009 - after 26/11 Mumbai had taken to the streets and wanted to change the government, but on election day our dear citizens went on a "long weekend holiday" and "conveniently" forgot to vote!

It is this reason amongst others that have prompted the government to declare a holiday to ensure that people may "vote at leisure". The important word here is "vote" and not "leisure".

And, please will someone let me know how will you include every citizen in getting to cast his/her vote, especially those who are in the essential services and those in the election process on the day of the election? Don't they deserve a "holiday" just like you and me?

Hi Ainsley,

On which page of which publication was the notice or publication regarding Delhi/Mumbai on 7 Oct 2009 made?

Sunilhr Gurgaon