Can We Keep the Office Open on Election Day and Allow Time for Voting?

Hi, I want to know whether the office can be kept open on Election Day. Our office is in Gurgaon, and the 13th of October is Election Day. Can we give a 2-hour permission so that employees can go vote and then come to work? Please let me know.

This is a paid holiday. If you keep the office open, then you have to give double salary for that day.

Dear,

Legally, you cannot open an office, and illegally, you can do whatever you like.

Regards,
JS Malik

National holidays: If you keep the office open, then you have to give double salary for that day. If the Election Commission enforces, it is not legal to keep the office open unless it is part of essential services. I believe ITES under STPI falls under the same category. What say... chutti hai

If you think you are governed by the government, you should follow its diktats. Simple!

What would you do as a CEO if you passed an order and your employees defied it? They have joined you with an agreement to follow your rules - the same way Indian citizens ought to follow government rules. Though ours is a democracy, you have the right to object and get them reversed.

We are an ITES organization (Captive Centre) based in Gurgaon. The majority of our employees live in Delhi and are not entitled to vote in Haryana Assembly elections. This is also known to our overseas colleagues. My concern is that keeping operations closed on election day reflects a poor impression on overseas customers when they know that the majority of employees can't vote. My question is:

1. Can we keep our office open for employees who are not entitled to vote?
2. I have gone through Section 135-B of the People Representation Act, which states about a fine of Rs. 500/- on corporates if they keep the office open. Nowhere in the act has it been mentioned that the opening of the office can lead to any serious consequences for management.

I would request my learned friends to advise.

Thank you,
Rajiv

Some high-end cars, e.g., Mercedes Benz and Honda, service centers in Mumbai have asked their employees to work on Sunday, 11th October, against their government-declared off on 13th October. I feel this is not justified at all since they are not going to pay any overtime for working on a Sunday.

What do you feel?

Hi,
With due respect to all seniors, I would like to share my opinion on this topic.
Neither it's a paid holiday nor a national holiday. It is a provision in our constitution to prevent the right of voting for the people of India. It has to be observed an off day for all offices & organizations covered under commercial activities under negotiable instrumental act. It means an organization can take work from their employees on any other day which is their weekly-off and have to close their activities on Election Day.
But if some organization wants to give an additional off-day for Election Day, then there is no objection.
Thanks,
SHARMAMK

Hi Friends,

Elections in India are conducted by one constitutional body, i.e., the Election Commission of India. Our Parliament has already enacted the Representation of the People Act, 1951, which empowers the Election Commission of India to conduct elections. Let's be specific. Section 153B of the said R.P. Act clearly provides for the grant of a paid holiday to employees on the day of the poll. The Act also includes provisions for punishment if any establishment violates the act by not allowing their employees to exercise their right to vote. Even daily wage or casual workers are entitled to a holiday and wages on polling day, as stipulated in Section 153B of the R.P. Act, 1951.

So, my friend, you should not worry about the office, but tomorrow you must cast your vote as per your choice and also motivate others to exercise their voting rights.

Prabhat Ranjan

It is not advisable to open the office on the date of the election because the whole purpose of declaring a holiday (enabling employees to exercise their franchise) would be defeated. However, for reasons such as the industry being a "continuous process," you could at least grant a 2-hour permission either before the start of the shift (during polling time) or at the end, enabling them to vote.

Dear Mr. Neeru,

All citizens have the democratic right to cast their vote. If you are facilitating your employees to exercise their democratic right, then you are definitely obeying the rules, which is also the basic idea behind having a holiday on polling day. However, if someone successfully lodges a complaint against you stating that despite the notice from the Haryana State Election Commission regarding the holiday on polling day, your establishment was open as usual, then you will be in trouble. It will be a matter of evidence that you had already permitted your employees to cast their votes. You may find relief at a later stage.

Any action contrary to the act will attract penal action. A prima facie case will be made if there is a clear violation of the rule of law. Therefore, my friend, be cautious and follow the rules.

Prabhat Ranjan

I would like to add that the ELECTION COMMISSION notification is applicable only to LOK SABHA / STATE ELECTIONS and not for local bodies elections.

In that case, management is advised to grant permission to employees during polling hours to exercise their franchise.