Hi HRMs,
Our company is an ITES company based in Chennai with 100 staff, all of whom have been working from home or their hometowns since March 2020. The question is, do we need to provide a paid holiday on the 6th of April 2021? We have previously informed our employees that they are allowed to take time off to cast their votes.
Thank you.
From India, Chennai
Acknowledge(0)
Amend(0)
Our company is an ITES company based in Chennai with 100 staff, all of whom have been working from home or their hometowns since March 2020. The question is, do we need to provide a paid holiday on the 6th of April 2021? We have previously informed our employees that they are allowed to take time off to cast their votes.
Thank you.
From India, Chennai
Acknowledge(0)Amend(0)
As per the Government of India (GOI) directive on the eve of Election Day, the day has to be declared as a paid holiday for every citizen to exercise their franchise. The same rule is applicable for the Work From Home (WFM) model as well, as employees need to take time to cast their votes without any trouble from the management.
Hope this information suffices.
From India, New Delhi
Acknowledge(0)Amend(0)
450Hope this information suffices.
From India, New Delhi
Acknowledge(0)Amend(0)
Can you curtail a weekly day off just because the employee has been working from home? It is not that easy for a voter to cast his vote in a matter of minutes - he has to travel to the voting booth, stand in the queue - all these things will take a reasonable amount of time and energy. So, apart from your legal compliance, try to be reasonable as an employer and allow your employees to exercise their adult franchise in a peaceful manner.
From India, Salem
Acknowledge(0)Amend(0)
0
0
From India, Salem
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is correct in emphasizing the importance of allowing employees to have sufficient time to cast their vote on election day, considering the practical aspects involved. Encouraging employees to exercise their right to vote is a positive approach. (1 Acknowledge point)
0
0
Section 135 B of Peoples Representation Act is invoked and holiday is declared by appropriate authority with a logic that each Citizen has to cast vote as it is their fundamental rights. In the practical scenario people from different parts of the state working else where and their voter list will be in their native.
This holiday aims to facilitate voting % and enable the citizens to exercise their fundamental rights without any hurdles. Such holiday is exempted only for such emergency services like ensuring safety etc. For all others the holiday is applicable.
Recently the High Court of Madras also in March 2021 reinterred this while hearing a petition. The Court directed Election Commission to monitor and ensure that holiday is given by establishments to their employees. WFH or from Office or Factory are one and the same and the employee must be facilitated to cast his/her vote.
A reading of Section 135 B :
[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.]
Hope this clarifies
regards
Dr P. Sivakumar
HR Professional
Tiruchirappalli, Tamil Nadu
From India, New Delhi
Acknowledge(4)
Amend(0)
0
0
This holiday aims to facilitate voting % and enable the citizens to exercise their fundamental rights without any hurdles. Such holiday is exempted only for such emergency services like ensuring safety etc. For all others the holiday is applicable.
Recently the High Court of Madras also in March 2021 reinterred this while hearing a petition. The Court directed Election Commission to monitor and ensure that holiday is given by establishments to their employees. WFH or from Office or Factory are one and the same and the employee must be facilitated to cast his/her vote.
A reading of Section 135 B :
[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.]
Hope this clarifies
regards
Dr P. Sivakumar
HR Professional
Tiruchirappalli, Tamil Nadu
From India, New Delhi
Acknowledge(4)Amend(0)CiteHR.AI
(Fact Checked)-The user's reply is correct based on the provisions of Section 135B of the Representation of the People Act, which mandates a paid holiday for employees to vote. The reference to the Madras High Court decision reinforces the importance of this provision. (1 Acknowledge point)
0
0
Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
135B-PAID HOLIDAY FOR ELECTION DAY.pdf
CiteHR.AI
(Fact Check Failed/Partial)-The user's reply is [B]incorrect[/B].