Can Polling Day Holiday componsate with week off day
Krishna Kumar
(Querist) 22 May 2009
This query is : Resolved
hi,
Need help,
Can i componsate polling day holiday with another week off day in IT compnay.
If Yes than please help me with supporting documnets in Karnataka.
Thank you very Much.
Thanks and Regards,
Krishna Kumar
Manish Singh
(Expert) 22 May 2009
yes you can definitely compensate the same. look into shops and establishment act.
tamilarasibabu
(Expert) 23 May 2009
Dear krishna Kumar
As per section 135 B of the Representation of People Act (“Act”) – 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 of the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
In my opinion the usage of the term “ Shall” has dual meaning – (1) While it mandates the Employer to grant a holiday on poll day, it also (2) Entitles the Employee to a holiday to exercise his/her franchise.
Having said that, the section also makes an exception under subsection (4) which states that “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”
It may be pertinent to note that the section does not mandate closure of the establishment.
In this background it is my opinion that :
1. The management may treat the absence of any employee, (who wants to vote) as a paid holiday;
2. The management may, if it considers, that the absence of any particular employee/s may cause danger or substantial loss to the establishment – enforce attendance of such employees, while allowing them to vote ( by granting permission for 2/3 hours etc,).
3. The establishment need not be closed.
4. The spirit of the legislation is to facilitate all employees/citizens to exercise their franchise.
The paid holiday accountable in such case, so it depends on the need of the establishments.Applicable to all states inclcusive Karnataka.
Hope this clarifies the legal position.
