Working on day of election
SHASHIDHAR A
(Querist) 25 March 2014
This query is : Resolved
Dear Experts,
Our company is a BPO/Call Center and work 24/7. What I understand is, there is a permission given by Election Commission of India, to NASSCOM in April 2011 which mentions below:
"Sub-Sec(4) of Sec.135B of the Representation of the People Act, 1951, provides that the provisions for grant of holiday does not apply to those employees whose absense may cause danger or substantial loss in respect of the employment in which he/she is engaged.
My query is as per above permission can we work on the day of Lok Sabha elections by providing 4 hours of permission to employees who can cast their vote and come to work. We do give Off to out station employees who want to go and cast their vote. We also want to work with those employees who do not have voting power.
Kindly share your views.
Thanks in advance.
Shashidhar A
Kumar Doab
(Expert) 25 March 2014
>>> The extract you have quoted claiming as permission by Election Commission of India, to NASSCOM in April 2011 is already a part of Representation of the People Act………………………..and hence not a permission to NASSCHOM………………….hence may get deemed as a misrepresentation……….
The BPO/Call Centre are covered by (Name of the State) Shops and Commercial Establishments Act and state shall issue the communiqué for ‘Election day’ being a paid holiday/ closed day…………………..
If it is declared a closed day then how would you opt to open on a closed day?
The Labor Commissioner’s office would also be receiving and might be issuing a communiqué………………….
You have to comply.
Please do not err in such matters.
Look into the communiqué issued and then apply the options if any.
Would you be paying double OT if you make employees work on these days?
Section 135B of the Representation of the People Act, 1951 : provides for the grant of paid holiday to the employees on the day of poll.
Even those electors including casual workers working outside the constituency concerned would be entitled to the benefit of a paid holiday extended under Section 135B(1) of the Representation of the People Act, 1951
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 Rs 500."
The sections says it shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/135B-PAID%20HOLIDAY%20FOR%20ELECTION%20DAY.pdf
>>> You may go thru:
“2. As regards Commercial and Industrial establishments and shops to which the public holidays under the Negotiable Instruments Act do not apply, it is suggested that the State Governments should direct their Labour Commissioners to issue instructions to Commercial and Industrial establishments in the private sector to declare a paid holiday for their workers on the day or days of the poll.
6. There may be appreciable number of electors ordinarily resident in one area but having the place of work in another area. For example, persons may be commuting daily long distance to reach places of their occupation or work in cities like Delhi, Bombay, Calcutta and Madras and the date of poll may be different in respect of their place of residence and the place of their work. In such cases, such voters should be given special leave or maximum facilities to exercise their right to vote.”
http://eci.nic.in/archive/instruction/compendium/holidays/HOL_85.HTM
>>> Sec 3-A to the Karnataka Industrial Establishment (National & Festival Holidays ) Act, 1963 it is mandatory to declare paid holiday on the day of polling.
>>> You may also go thru;
Election Commission of India Communiqué NO:
No. 78/99/PLN.I Dated:- 6th April, 99
at:
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/election%20holiday.pdf
State Govt. and Election Commission of India Communiqué at:
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/28.pdf
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/Public%20holiday%20%20-%2030-Apr-09.pdf
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/election%20day.pdf
SHASHIDHAR A
(Querist) 25 March 2014
Dear Mr.Kumar Doab,
I agree to your points. But you may be aware that BPO/Call Centers are part of ITES industry and they work round the clock.
These companies cannot be closed completly. There should be some alternatives where the company facilitate employees to cast vote and also works.
Few options are:
1. To give 4 hours of permission to local electors so that they can work for balance half day.
2. To provide paid holiday to those outstation employees so that they can caste their votes.
3. To function with non localities and those who do not have voting power.
4. To pay double wages who ever work on that day. Or single wage along with another day off.
5. People who work from 02.00 PM to 10.00PM and in night shift they can vote during day time and come to work.
Please share your views on above options and if you have any other suggestions also are welcome.
Thankyou
Shashidhar A
V R SHROFF
(Expert) 25 March 2014
Employees shd be able to caste their vote. Adjustment of time is practical way out/ laid down routine procedure for it.
Kumar Doab
(Expert) 25 March 2014
Dear Mr. Shashidhar A,
Your intentions are fair.
Our understanding is that:
The time period to cast vote /electoral hours shall be announced.
The employees may work after time period to cast vote /electoral hours.
The employees those who work shall work voluntarily.
The NASSCHOM or company be it an ITeS company is not any authority to frame any rules It is an entity that has to ensure compliance to guidelines, rules etc framed by the authority.
Be fair in communications to employees and you shall see that max. shall co operate.
Ask them to devote as much time as they can and pay them accordingly @ hours clocked.
It is mentioned in the following communique already posted:
ELECTION COMMISSION OF INDIA
Nirvachan Sadan , Ashoka Road, New Delhi110001.
No. 78/99/PLN.I Dated:- 6th April, 99
3. The above provisions require that all establishments and shops shall to be closed
on the day of poll in the Constituency where a General Election/Bye-Election is to be
held.
4. Further, there are industrial undertakings/establishments which are
working on shift basis. A doubt has been raised whether paid holiday is to be
declared only for the period/shift during which a poll is to be taken and not for
other shifts which may commence after the conclusion of the poll.
It is clarified that a holiday may be declared only for the shift during which a poll is to be taken. However, it should be ensured that there should be sufficient time
gap between the close of poll and commencement of the shift duty.
6. The Commission desires that suitable Instructions should be
issued to all concerned and a copy thereof be endorsed to the
Commission for its information and record.
file:///C:/Documents%20and%20Settings/Administrator/My%20Documents/Downloads/election%20holiday.pdf
You may go thru the communique issued by state govt., Labor office, Shops and Establishment Directrorate or respective authority for this election e.g; Dist. Electoral Officer, ……………… .
Although the industry must be looking for innovative way so that their work is not hampered however it shall be prudent to suggest to bosses that ways that do violate guidelines are adopted.
SHASHIDHAR A
(Querist) 26 March 2014
Thank you Kumar Sir, will try to follow the advise given by you.
Regards
Shashidhar A
Kumar Doab
(Expert) 26 April 2014
It is published news that in Southern India Electoral Officers have forced closure of establishments during electoral hours as published by state……………….. including IT/ITeS companies.
