Dear All,
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
From India, New Delhi
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1Can 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
From India, New Delhi
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On election day, holidays shall be declared as per Negotiable Instruments Act, 1881 and it may be compensated by declaring working day on any other weekly holidays. pon
From India, Lucknow
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From India, Lucknow
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In our organization, we have already taken out a circular declaring that the organization will remain close on 04-12-2013 on account of Election. No holiday or weekly off will be compensated by it.
From India, Delhi
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From India, Delhi
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Hi,
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.
From India, Kolkata
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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.
From India, Kolkata
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Dear HR PRO21,
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 in regard to 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
From India, Bangalore
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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 in regard to 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
From India, Bangalore
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Dear All,
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 asks for a day off compulsorily for all state-owned establishments. However, for the Private Companies/Organizations, what is needed is to allow its employees to cast the vote - adjusting the morning and day shift's timing - 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!
RAVINDRA WAGHMARE
VASHI - NAVI MUMBAI
From India, Mumbai
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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 asks for a day off compulsorily for all state-owned establishments. However, for the Private Companies/Organizations, what is needed is to allow its employees to cast the vote - adjusting the morning and day shift's timing - 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!
RAVINDRA WAGHMARE
VASHI - NAVI MUMBAI
From India, Mumbai
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It is not advisable to allow break in Hourly terminology since it is not easily possible to know conditions prevailing in any particular booth. Full day off should be given.
From India, Gurgaon
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From India, Gurgaon
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Dear all,
In Madhya Pradesh, the election for the assembly was held on November 25, 2013 (Monday). The Labour Commissioner of the MP Govt issued a notification stating that the weekly off falling on any other date shall be substituted with November 25, 2013. (The notification copy is available in this forum elsewhere). Consequently, many undertakings shifted their weekly off to the polling day, providing a paid holiday to all employees. Some others, particularly those in the public sector, made it an additional paid holiday. Therefore, it is the choice of every employer whether to substitute the polling day with the weekly off or not, provided the Labour Commissioner has issued an order to this effect.
KK
From India, Bhopal
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In Madhya Pradesh, the election for the assembly was held on November 25, 2013 (Monday). The Labour Commissioner of the MP Govt issued a notification stating that the weekly off falling on any other date shall be substituted with November 25, 2013. (The notification copy is available in this forum elsewhere). Consequently, many undertakings shifted their weekly off to the polling day, providing a paid holiday to all employees. Some others, particularly those in the public sector, made it an additional paid holiday. Therefore, it is the choice of every employer whether to substitute the polling day with the weekly off or not, provided the Labour Commissioner has issued an order to this effect.
KK
From India, Bhopal
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Yes, Mr.KK Nair. I agree for substitution as suggested by you. Regards, Anand
From India, Gurgaon
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From India, Gurgaon
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You can also adjust with remaining festival holidays(subject to meeting minimum festival holidays as statourty rules) Jagan
From India, New Delhi
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From India, New Delhi
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Dear All
As per the Circular No. 78/2013/EPS(EC Guidelines for Delhi Election) below are the guidelines we need to follow:
1. Only those employees who are entitled to vote can avail paid leave on the day of poll.
2. We can make it mandatory for all the employees who would like to avail leave on account of election to submit a copy of their Voter ID Card to their superior at least a day before. In case of failure of submission of the relevant document (“Voter ID Card”) it would be considered as leave without pay.
3. It is to be noted, that the Circular is not applicable up on any voter whose absence may cause danger or substantial loss to the Company.
4. Daily wage/casual workers are also entitled for a paid holiday.
Regards,
Bharwan Sanjeev
From India
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As per the Circular No. 78/2013/EPS(EC Guidelines for Delhi Election) below are the guidelines we need to follow:
1. Only those employees who are entitled to vote can avail paid leave on the day of poll.
2. We can make it mandatory for all the employees who would like to avail leave on account of election to submit a copy of their Voter ID Card to their superior at least a day before. In case of failure of submission of the relevant document (“Voter ID Card”) it would be considered as leave without pay.
3. It is to be noted, that the Circular is not applicable up on any voter whose absence may cause danger or substantial loss to the Company.
4. Daily wage/casual workers are also entitled for a paid holiday.
Regards,
Bharwan Sanjeev
From India
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I understand what Mr. A. S. Sharma Ji has mentioned. In cases where hourly payments are made, the 2/3 hours concession may not be possible. However, there are many private organizations in Mumbai that offer 2/3 hours concessions as an alternative to a weekly off, and that is also permissible by law. This is also the reality.
Thanks,
Waghmare
From India, Mumbai
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Thanks,
Waghmare
From India, Mumbai
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In view of the Assembly elections, we have to take cognizance of the Election Commission's directive under Section 135B of the Representation of the People Act, 1951, which provides for the grant of a paid holiday to the 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
From India, Delhi
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Regards, Sandeep
From India, Delhi
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Hi, I’m resident of Delhi & working in an IT company in Noida. There is no holiday & nothing is planned. Please advise let me know what should be done.
From India, Delhi
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From India, Delhi
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Dear All, We are enclosing General Circular for General Elections to be held in Delhi for State Legislative Assembly 2013.
From India, Delhi
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From India, Delhi
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Hi again,
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
From India, Bangalore
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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
From India, Bangalore
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135B-PAID HOLIDAY FOR ELECTION DAY.pdf