Dear Fraternity Members, We have an election in Mumbai on 20th May. Is it a mandatory holiday declared by the government? Or can employees have flexible hours and vote? Also, suggest about out-of-station employees. If anyone has a copy of the circular / notification, please share the same.
Many thanks for considering my request.
Ruchi Shah
From India, Mumbai
2Many thanks for considering my request.
Ruchi Shah
From India, Mumbai
The Election Commission has already directed the officers concerned, ie, Labour Commissioners, Inspector of Factories and Boilers etc, to grant leave with wages to all employees in the private establishments and factories on election day following section 135B of the Peoples Representation Act. At the same time, for an establishment which works for 24X7 wherein continuous process is involved the absence of an employee in the process would cause huge loss to the organisation, can have flexi working on election day. In the case of outstation workers, holiday shall be given on such dates on which they have election in their respective states.
From India, Kannur
From India, Kannur
The notification attached by Yaasmin is not meant for private establishments but it pertains to holiday declared pursuance to Negotiable Instruments Act. But the fact is that election day is a holiday for private establishments in the constituency. It is to be noted that the word holiday is used in the place of leave with salary, and it should be interpreted as leave with salary only. If all the employees in an establishment located in a constituency where an election is held are from some other place where election is held or to be held on a different date, there is no meaning in closing down that establishment just on account of an election.
Section 135 B only says 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 poll, be granted a holiday". This shows that employees entitled to vote shall be given holiday, and it does not say that the establishment should be closed on account of election. You can run your establishment with employees who do not have election. But the Negotiable Instruments Act which applies to government services and banking and finance related sector requires that such offices should not function. Declaring holiday to an establishment is different from allowing or granting holiday to employee.
From India, Kannur
Section 135 B only says 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 poll, be granted a holiday". This shows that employees entitled to vote shall be given holiday, and it does not say that the establishment should be closed on account of election. You can run your establishment with employees who do not have election. But the Negotiable Instruments Act which applies to government services and banking and finance related sector requires that such offices should not function. Declaring holiday to an establishment is different from allowing or granting holiday to employee.
From India, Kannur
To my understanding, the Notification does not declare the voting day as a public holiday for this in private employment. To my knowledge, it is impossible that any public authority vested with such powers. All that is required is that the employees/workers be allowed flexi-timing to cast their votes.
From India, Kochi
From India, Kochi
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Election day - holiday.pdf