Should We Give Election Day Off to Employees in Different States or Keep the Plant Running?

Dear All,

I would like to know if our company has employees in different states. If so, should we declare a holiday on election day, or can we run the plant on that day and allow the holiday to concerned constituency employees on their respective election day? This means that when we have an election day in our area, we will give the holiday to related employees, and for other constituency employees, we will give the holiday on their election day. There is no need to close the plant in the company-situated area.

@# Madhu Sir, seeking your valuable view

The People's Representation Act (section 135B) only states that "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." It does not mandate that the establishment should be closed on account of the election. The sole obligation of the employer is to provide a one-day holiday (previously, it involved granting permission to cast a vote and return to work, but it became compulsory for employees to be given a holiday with wages) to enable them to cast their votes. If the employees come from different states, the employer can offer different holidays based on the constituencies and election dates for each employee. This approach will fulfill the legal requirement.

As per the 2024 election schedule, the election will take place in seven phases. Therefore, a total of 7 days' leave is required for an establishment with a presence in every part of the country. The establishment must declare the day of the election as a holiday.

Election Day Operations for Establishments with Multi-State Employees

An establishment with employees drawn from different states need not close down the office due to an election in the constituency where it is situated. Instead, it can function with employees who have already cast their votes or whose voting dates are yet to come. Why should an establishment in Chennai close on the poll day, i.e., 19th April, if there are employees who have their votes in Bangalore or Cochin? Those who have votes in Tamil Nadu can be given a paid holiday on 19th April, and those having an election on 26th April can work on 19th April, right?

What is to be ensured is that there should not be a violation of section 135B. If an employee is getting a paid holiday to cast their vote, what is wrong? Let it be a paid holiday for the entire day. Why should an establishment be closed? In the case of government offices, it will be a holiday because the polling officers are from the government offices and PSUs. But the case of a private establishment is different. So long as every employee is assured a full-day holiday, what is wrong with working the unit with employees who are from other constituencies where the election is not held on the day?

You can declare flexible holidays on all election days. Ask employees to pick any one of them.