Is Declaring a Holiday on 16th Feb 2012 Mandatory for All Companies in Maharashtra?

I heard that the Maharashtra State Election Commission has issued a circular stating that companies need to declare a holiday on 16th Feb 2012. Is this compulsory for all companies? Can we ask employees to come in late or leave early?

We have heard that the Maharashtra State Election Commission has issued a circular to companies to declare a holiday on 16th Feb 2012. Is this mandatory for all companies? Please send us a copy of the circular.

Regards,
Pradeep Dhumale

Government Resolution on Holiday Declaration

I am attaching a Government Resolution (GR) on the said topic issued by the Maharashtra Government. I hope you all will find it useful.

Regards,
Harshal Daftardar
Head - HR and Admin

Thank you for sharing the circular.

Dear All, I heard that the Maharashtra State Election Commission has issued a circular stating that companies need to declare a holiday on 16th Feb 2012. Is this compulsory for all companies? Can we ask employees to come in late or leave early? Once this circular is accepted by the Maharashtra government, then we can declare it as a holiday or a half-day.

What about people working in exchange? Is our exchange going to be closed on these days, 16 Feb in Mumbai? There are 4 major exchanges operating from Mumbai - BSE, NSE, MCX, and NCDEX.

Hi, yes, it would be very useful if anyone could get a hold of the English version. Alternatively, if not, could anyone who has read this version please let me know what it states.

Thanks,

Michelle

The crux of the said Government Resolution (GR) for understanding would be: To enable all eligible voters within the corporations of concerned Districts to exercise their right to vote, the Maharashtra Government orders all shops and establishments, hotels and lodges, restaurants, auditoriums, business houses, industrial establishments, and other establishments that:

1) All the workers from the above-mentioned establishments should be given a paid holiday on 16th February 2012 regarding the Municipal Corporations Elections.

2) This GR will not be applicable in cases of establishments where there might be danger or major losses due to the mass absenteeism of workers, but a special concession for two hours should be given to all such workers.

All the above-mentioned concerned establishments are required to meticulously follow these orders.

Regards,
Harshal Daftardar

Dear Mr. Sule,

Please refer to the General Rules posted on this thread; it clearly mentions this.

Regards,
Harshal Daftardar

I have a question. If the GR clearly mentions a "paid" holiday, can any organization ask its employees to work on some other non-working day in lieu of the holiday on 7th or 16th Feb? While I believe this will always remain at the discretion of the organization, doesn't doing so violate the GR?

Regards,
Amit.

Dear Amit,

An employer can request compensation for the Election Paid Holiday given to employees. As mentioned in the GR, if the work is dangerous or the absence of an employee creates a significant loss, the GR is not applicable. In such cases, only two hours of special leave can be given for voting purposes.

Regards,

The document does not explain which companies or organizations fall into the category of services that might incur huge losses due to closure. Do private limited companies fall into that category, or do they mean hospitals or any other public service organizations? All companies have taken advantage of the paragraph that mentions employees can be granted a 2-hour exemption from work to vote.

Regards,
Ritesh

Section 135 B (4) of the Representation of People Act 1951: Holiday on Election

Given is the Section 135 B (4) of the Representation of People Act 1951, which defines the holiday on election.

1[135B. Grant of paid holiday to employees on the day of poll.

(1) Every person employed in any business, trade, industrial undertaking, or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of the poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1). If such a person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with a fine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

Nothing related to which industry or sector about causing danger/loss.

Regards,
Tushar

Can anyone please let me know if the majority of companies have decided to give employees a day off or if they have asked them to report to work 2 hours late?

Thanks,
Michelle

Can we request our seniors to declare a holiday tomorrow?

Regards,
Lata Chauhan

Dear Lata,

It depends on your company's policy. Could you please specify the type of industry it is? If possible, you may consider offering a two-hour concession for employees to exercise their right to vote, which can be legally justified.

Regards,
Harshal

Dear Harshal,

I am working in the Retail Industry, and we have not yet received confirmation to declare a holiday. Can you please help me out?

Regards,
Lata