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Hi All,

I would like to thank Mr. Pariwal for his email that he sent today. I respect Mr. Pariwal's feedback and would definitely take care of the same in the future. Somewhere I feel it's my moral liability to clear this confusion. Let's not make this rocket science. I hope Mr. Pariwal would agree with me and bless me.

The question placed here is important, but the language selected is wrong - 'Compensate the holiday.'

If the objective is to get work done from employees that is pending or not done in the appropriate time on any week off/Sunday due to a leave provided for the election, it can be done. There is no second thought. The company can ask the employee to cooperate.

Why has 'Compensate the holiday' created confusion? (That's why in my first posting, I have said I have failed to understand from which background this question is asked - HR, Managerial, Finance, Production, or Operation).

Compensating a leave means: If an employee is provided a paid leave, then they are bound to work for another day (week off/Sunday) with or without pay for work. This means a liability is created on the employee's end. This cannot be done under ordinary situations and is illegal in nature.

How can the objective be achieved:

1. Convert the polling date into a week off only for that week. Thereby, the week off will become a workable/productive day.

2. Make the polling day's leave as Paid Leave/Non-Paid Leave. Ask the employee to work for an additional day, week off/Sunday, which will be paid in nature or OT will be provided. Follow laws, guidelines, rules, and clauses in the appointment letter that you all follow under ordinary situations for work on the week off. This should be done on the basis of mutual agreement between employer and employee.

3. The steps provided by point 2 can only be done either before or after 3 days from the polling date.

Very Important: Leave provided for the election can be paid or non-paid in nature - at the discretion of management. But if a worker/employee is working for an extra day, they must be paid for their work. Even if paid leave is provided for the election, the employee must be paid again for their work if they work on the week off/Sunday.

And yes, the employee is not liable to compensate the leave (means like bound to work, work without pay) under any circumstances. It's the employee's choice whether to work for an extra day or not. Or in other words, mutual negotiation between employer and employee should be done. If the employee and employer have no problem, then it's all right.

I hope it's clear now. Everyone can understand it, even a layman. Let's close this discussion here only.

Thanks and Regards,

Sovik B

From India, Mumbai
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Dear Seniors, Is it mentioned in any act that on the date of Election it will be a holiday? If yes, kindly give the name of act and section in which it is described. Regards Abhishek Bhardwaj
From India
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Govt of India / EC; from time to time, by notification in the gazette, mailers, newspapers, notifies that election is to be declared a Holiday.
From India, Mumbai
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Hi,

I am facing the same situation here in my company. We have elections on Thursday, and the company has asked employees to come on Saturday due to project criticality. However, employees are objecting vehemently. Please let me know how to handle it.

From India, Noida
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Anonymous
The Representation of the People Act, 1951:
The above Act is a Central enactment which declares a holiday for all eligible voters working in any business, trade, industrial undertaking or any other establishment on the day of a poll to the House of the People or the Legislative Assembly. The relevant provision is in Section 135B, which is reproduced as under:
“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 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) and if such 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 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.”
2. Constitution of India:
Article 246(1) states that Parliament has exclusive powers to Legislate under the Union List, i.e. List 1 of Schedule VII to the Constitution of India, while Article 246(3) states that a State Legislature has exclusive power to legislate under the State List, i.e. List II of Schedule VII.
Both the Parliament and the State Legislatures are given the right to legislate over elections, although the Parliament’s right extends to legislating over the Central and State Legislatures, whereas the State may only legislate over elections to the State Legislature, subject to any central enactments. The relevant Items in the respective Lists are stated below.
List I (Union List), Item 72:
“Elections to Parliament, to the Legislatures of States and to the Offices of President and Vice-President; the Election Commission.”
List II (State List), Item 37:
“Elections to the Legislature of the State subject to the provisions of any law made by Parliament.”

From India, Mumbai
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