Have you ever wondered about the actual value of your vote? In the last Lok Sabha election, the Government spent ₹72 per voter. This raises an important question: Is Election Day just another day on the calendar, or does it hold a special status when it comes to your work hours and pay?
As citizens, understanding our rights and responsibilities during elections is important. But what about our work responsibilities on Election Day? Should employers grant paid time off to allow their employees to cast their votes? These questions are noteworthy to every voter and every workplace, highlighting the intersection of civic duty and professional obligations.
Through this blog, let's understand the concept of paid holidays for voters on election day.
What does the Law say?
As India's Lok Sabha elections are going on, it's important for employers and employees to understand their rights and responsibilities.
According to the Constitution, citizens have the right to vote, and it cannot be denied, which is an important aspect of India's democratic process. Therefore, under the Representation of People Act, 1951 (RP Act), "Every person employed in any business trade, Industrial undertaking or any other establishment and entitled to vote at election to the House of the people or the legislative assembly of a State shall, on the day of poll, be granted a holiday."
That means every business and enterprise must declare a holiday on the election day in the area where the election is taking place. On election day, employees are entitled to a paid holiday without any deduction from their wages or salary, as mandated by the Act.
This provision applies to both public and private sectors, including daily wage earners and casual workers, even if they live in one constituency but work elsewhere. For example, if a voter from Indore works in Raipur but wishes to vote in Indore, they are entitled to a holiday on Indore's election day.
Are you wondering whether you can vote in the elections if you are away from home and unable to travel on election day? Here's the Solution!
Penalty for not giving paid holiday to Employees on Election Day
Employers who do not offer paid leave on the election day can face penalties of up to ₹ 500 and potential FIRs under the Indian Penal Code. Employees have the right to report violations to either the Election Commission of India or their respective State Election Commission.
You can also check out Myths Around Election.
Exceptions
According to the RP Act, "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." That is, no paid holiday needs to be provided to employees who are engaged in work of such a nature that where being absent could endanger safety or cause significant losses to the employer.
However, wages must not be deducted for election day, ensuring payment equivalent to a regular workday.
Governments and Companies that Declared Paid Holidays
- According to media reports, the Delhi-NCT, Rajasthan, Haryana, Tamil Nadu, Kerala, Punjab, Uttarakhand, Gujarat, Uttar Pradesh, Assam, West Bengal, Manipur, Jammu and Kashmir, Karnataka, Bihar, Nagaland, and Maharashtra governments have declared paid or public holidays on their respective voting days to encourage voter participation in the 18th Lok Sabha elections.
- According to The Times of India, several private companies have announced paid time off on polling days or made such days meeting-free: Corporate India, TCS, Infosys, HCL Tech, Raymond, Godrej and Boyce, Ferrero India, and Home Credit.
- Adani Electricity has also planned activities so that employees can exercise their right to vote without impacting customer service.
- Stock exchanges BSE and NSE have declared a trading holiday on 20 May, when Mumbai goes to polls.
- According to the Reserve Bank of India holiday calendar for 2024, many banks will be closed on election day in their respective cities.
Do you know asking for votes in the name of religion or caste is a 'corrupt practice'? Read to know more from here!
Conclusion
As India's Lok Sabha elections are underway, both employers and employees must understand their rights and responsibilities. The Law helps ensure that voting in elections goes well and that everyone's right to vote is protected.
You can also read this guide on the step-by-step process of how to vote, from here!