How Is Your Company Handling Employee Voting Rights on Delhi's Election Day?

Can you please share what steps your HR/Company has taken on the day of the Election in Delhi (4th Dec 2013) for the employees so that they can exercise their right to vote? Will a holiday be declared on that day, and later on a weekend, it will be compensated by working, or will it be taken as a half day, or will some other facility be extended to the employee? Also, if someone resides in Delhi but has his/her office in NCR, what facility is their employer extending to them in this context?

Thanks,
HR Pro

Election Day Holiday Policy

On election day, holidays shall be declared as per the Negotiable Instruments Act, 1881, and it may be compensated by declaring a working day on any other weekly holiday.

In our organization, we have already issued a circular declaring that the organization will remain closed on 04-12-2013 due to the Election. No holidays or weekly offs will be compensated for this day.

Refer to Section 135B and Section 135B(1) of the Representation of the People Act, 1951. You can also refer to People entitled to holiday on voting day, poll panel tells states | NDTV.com.

Election Day Paid Holiday Instructions

I am attaching an extract from Page 51 of the Compendium of Instructions on Conduct of Elections – 2009; Instruction No 19. This was issued by the Election Commission for the elections in 2009 regarding giving a paid holiday on the day of polling. These rules require that every registered voter should be given a paid holiday so that he/she is able to exercise his/her franchise.

It is likely that similar instructions would have been issued for the polls scheduled for Delhi for polling to be held on 4th December 2013.

Regards,
Raju Bhatnagar

Election Day Leave Policies

Already, the relevant provisions under applicable law have been shared on this site. What is more important is to note what each State Government notifies through their gazettes/notifications on this matter. In Mumbai, for the past many years, the State Notification requires a day off compulsorily for all state-owned establishments. However, for private companies/organizations, it is necessary to allow employees to cast their vote by adjusting the morning and day shift timings, with normally 2 hours concession granted for late/early going as the case may be for casting the vote.

With lots of "VOTING BOOTHS" made available with electronic voting machines in the last many years, I never took more than half an hour to cast my vote and report to the office by the normal reporting time as the voting starts at 8 am! Also, some organizations insist on checking the "INK MARK" on the finger to ensure allowing the time concessions!

Regards,
Ravindra Waghmare
Vashi - Navi Mumbai

Election Day Guidelines for Employees

As per Circular No. 78/2013/EPS (EC Guidelines for Delhi Election), below are the guidelines we need to follow:

• Only those employees who are entitled to vote can avail themselves of paid leave on the day of the poll.

• We can make it mandatory for all employees who would like to avail themselves of leave on account of the election to submit a copy of their Voter ID Card to their superior at least a day before. In case of failure to submit the relevant document ("Voter ID Card"), it would be considered as leave without pay.

• It is to be noted that the Circular is not applicable to any voter whose absence may cause danger or substantial loss to the Company.

• Daily wage/casual workers are also entitled to a paid holiday.

Regards,
Bharwan Sanjeev

Election Day Paid Holiday Directive

In view of the Assembly elections, we must take cognizance of the Election Commission's directive under Section 135B of the Representation of the People Act, 1951. This section provides for the grant of a paid holiday to employees belonging to the state where elections are taking place on the day of the poll. All employees and contractual workers must be given a paid holiday and are free to exercise their franchise.

Regards,
Sandeep

I'm a resident of Delhi and working in an IT company in Noida. There are no holidays and nothing is planned. Please advise and let me know what should be done.

Dear All, we are enclosing a General Circular for the General Elections to be held in Delhi for the State Legislative Assembly in 2013.

I'm a resident of Delhi and working in an IT company in Noida. There is no holiday and nothing is planned. Please advise, let me know what should be done.

Though it is declared a holiday on Dec 4th in Delhi, a decision has not yet been taken to declare a holiday in NCR on Dec 4th. I don't think they will declare a holiday for NCR on Dec 4th as they can't ascertain how many voters from Delhi are working in NCR. The individual companies shall allow the bona fide voters to exercise their franchise.

I am attaching the instructions issued by the Election Commission - No. 78/2013/EPS dated 24 October 2013 regarding Paid Holiday for elections being held in State Assemblies. These are the current instructions and are quite clear regarding their intent and expectation.

Pon1965 is correct in observing that the granting of a paid holiday across NCR is unlikely. However, to ensure that no eligible voter is deprived of their right to cast their vote, if there are voters working in NCR (outside Delhi) whose office is open and working on 4th December, paid leave could be granted to such employees on a case-by-case basis, provided they are able to show proof of having cast their vote, i.e., by showing the black ink mark of having cast their vote. This is not an easy task, but it is an option that could be explored.

Regards,
Raju Bhatnagar

Please find enclosed herewith the notification for the Declaration of a Public Holiday on the 4th of December 2013 and notification under NIA issued by the Delhi Government for the General Election to the Legislative Assembly of Delhi.

Regards,
Uday