paid holiday and his wages or salary for the day may not be deducted, as per RP Act." width="655" height="368" />paid holiday and his wages or salary for the day may not be deducted, as per RP Act." width="655" height="368" />
The Election Commission of India (ECI) declared the most awaited final dates of the upcoming Lok Sabha elections on March 16. These polls will be held in seven phases, from April 19 to June 1.
However, the major question that pops up is whether polling days are paid holidays. Let's find out what polling days mean for employees.
Every person above 18 years of age is entitled to vote in India and exercise the constitutional right to vote. Let's explore what are the legal terms behind a polling day and what consequences would follow if it is violated.
As per the constitution, a citizen cannot be denied to exercise the right to vote which is integral for India’s electoral democracy. Thus, as per the Representation of People Act, 1951, (RP Act), every enterprise must declare a holiday on the polling day in the area where polling is taking place. On the polling day, an employee must be given a paid holiday and his wages or salary for the day may not be deducted, as per the act.
Managing Partner at Kred Jure, Ankur Mahindro noted, “Per Section 135B of the RP Act, it is mandatory for all organisations to grant paid leave to their employees on the date of the election, whether central or state,” reported Moneycontol.
“The employer must grant a paid holiday to all eligible employees on the day of the election. They must ensure that there is no deduction or abatement of wages,” Moneycontrol quoted Partner at RR Legal, Abhishek Awasthi as saying.
Advocate-On-Record at the Supreme Court of India, Rishi Sehgal said that this provision applies to both public and private organisations. Paid holidays must be granted to daily wage labourers and casual employees as well, as per the law. Moreover, it is important to note that this rule also extends to employees ordinarily resident in the constituency where the election is being held, but are employed outside it, as quoted by the advocate.
For instance, if a voter hails from Mumbai but is employed in Chennai, the voter is entitled to a holiday on the day of the elections in Mumbai.
The employee can approach the ECI or the authority designated by it in case an employer does not grant paid holiday on polling day, “Employees facing such issues can report the violation to the Election Commission of India or the State Election Commission,” Moneycontol quoted Senior Associate at SKV Law Offices, Anant Singh Ubeja as saying.
The official further pointed out that the ECI is entitled to conduct an enquiry on receiving the complaint. As per the RP Act a penalty of ₹ 500 will be imposed on the violator. Depending on the case, the ECI can also file FIRs under the Indian Penal Code for violating the order of public authority.
However, no paid holiday needs to be provided to employees engaged in a nature of work where the absence of employees poses danger or causes substantial loss to the employer. “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,” the RP Act states.
The ECI announced that elections will be held on April 19 and 26, May 7, 13, 20, 25, and June 1. Except for May 25, all these dates are weekdays. Except for the national capital, all of India’s major metropolitan cities will vote on weekdays. Residents of Delhi are expected to cast a vote on Saturday, May 25.
Catch all the Business News , Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
First Published: 17 Mar 2024, 09:33 AM ISTBusiness NewsNewsLok Sabha elections 2024: Is polling day a ‘paid holiday’ for employees? What the Constitution of India states
