Thank you all,
I tried to post this in the morning but seems has not got uploaded.
To summerise the above views on Holiday on Election Day
1. We have to declare a holidya as per Election Commission and State Govt. Notifications
2. And Management does not have the right to call employees and work on some other weekly off. It will be wrong to have a compensatory working day.
Please confirm in a definite yes or no.
Thanks
Regards
Pari
From India, Mumbai
19I tried to post this in the morning but seems has not got uploaded.
To summerise the above views on Holiday on Election Day
1. We have to declare a holidya as per Election Commission and State Govt. Notifications
2. And Management does not have the right to call employees and work on some other weekly off. It will be wrong to have a compensatory working day.
Please confirm in a definite yes or no.
Thanks
Regards
Pari
From India, Mumbai
Dear All
Reference to my previous comments/opinion dated 13.04.2009 I am changing my opinion due to all these attachments of different HR members. After going through all these attachments it is clear that Factories, Industrial units, Shopkeepers etc. have to declare paid holiday to the workers/employees of their units. They are not supposed to change the weekly off day. Moreover what I have observed in the past has been described by me. Meanwhile One of our HR friend have mailed the latest letter of the Govt.in this regard which also shows that we have to declare paid holiday on the day of poll. Instructions are attached herewith for information & n/a in the matter. Please take appropriate action after going through these letters/instructions in the matter.
Revised opinion submitted with attachment. People having diverse opinion are also requested to give their comments with proper reasoning.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Reference to my previous comments/opinion dated 13.04.2009 I am changing my opinion due to all these attachments of different HR members. After going through all these attachments it is clear that Factories, Industrial units, Shopkeepers etc. have to declare paid holiday to the workers/employees of their units. They are not supposed to change the weekly off day. Moreover what I have observed in the past has been described by me. Meanwhile One of our HR friend have mailed the latest letter of the Govt.in this regard which also shows that we have to declare paid holiday on the day of poll. Instructions are attached herewith for information & n/a in the matter. Please take appropriate action after going through these letters/instructions in the matter.
Revised opinion submitted with attachment. People having diverse opinion are also requested to give their comments with proper reasoning.
Regards,
R.N.Khola
Skylark Associates, Gurgaon
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Sir,
Taking this discussion further, till now we have established following :
1. Every unit under Shop & Establishment Act has to declare a paid holiday on Election Day
2. No Management can instruct employees to work on weekly off as comensatory working day
Case Study - our Registered Central Office in Mumbai and we have Unit in Satara, elections are on different dates.
Naturally both the offices will remain close on respective dates of Elections in the respective Ares - Constituancy - As declared by Govt of Mahrashtra (Notification Attached)
Now in Mumbai Office there are 2 staff who are having voting cards at Pune where elections are on 23.4.2009 what to do for these two?
I mean Mumbai office will remain closed on 30.4.2009, if we grant holiday to these two employees on 23.4.2009, then they will be getting even 30.4.2009 as holiday. How to solve this issue?
As per my opinion, we can not go as per individual employee's residence - constituancy i mean where he is a registered voter. Mumbai office will have only 1 holiday i.e. 30.4.2009 and these two have to go on leave in case they want to vote.
Please reply also if anyone can give wordings / draft for declaring a paid holiday.
Thanks
Regards
Pari
From India, Mumbai
Taking this discussion further, till now we have established following :
1. Every unit under Shop & Establishment Act has to declare a paid holiday on Election Day
2. No Management can instruct employees to work on weekly off as comensatory working day
Case Study - our Registered Central Office in Mumbai and we have Unit in Satara, elections are on different dates.
Naturally both the offices will remain close on respective dates of Elections in the respective Ares - Constituancy - As declared by Govt of Mahrashtra (Notification Attached)
Now in Mumbai Office there are 2 staff who are having voting cards at Pune where elections are on 23.4.2009 what to do for these two?
I mean Mumbai office will remain closed on 30.4.2009, if we grant holiday to these two employees on 23.4.2009, then they will be getting even 30.4.2009 as holiday. How to solve this issue?
As per my opinion, we can not go as per individual employee's residence - constituancy i mean where he is a registered voter. Mumbai office will have only 1 holiday i.e. 30.4.2009 and these two have to go on leave in case they want to vote.
Please reply also if anyone can give wordings / draft for declaring a paid holiday.
Thanks
Regards
Pari
From India, Mumbai
Dear Mr. Pari,
I think, para 3 of the order dt. 6.4.99 of the ECI [(minus its para 4) - correspondence re. which is already in circulation in these page of the column - thwarts your efforts of not declaring a paid holiday for those employees who are residing within the constituancy of your establishment but whose voter cards are of the constituancies other than the constituancy where your establishment situates.
Best wishes,
Jpratap
From India, Chandigarh
I think, para 3 of the order dt. 6.4.99 of the ECI [(minus its para 4) - correspondence re. which is already in circulation in these page of the column - thwarts your efforts of not declaring a paid holiday for those employees who are residing within the constituancy of your establishment but whose voter cards are of the constituancies other than the constituancy where your establishment situates.
Best wishes,
Jpratap
From India, Chandigarh
Dear Pari,
It is right that one can not create hindrance in utilizing the right to vote. Thus if an employee wants to cast his vote in the area other than the area in which he is working then allow him to cast his vote with his own leave. Holiday to the employees is to be granted in the area of election on the day of poll. Your attachment relates to the Govt. & semi Govt. employees. Your opinion/ comments drafting clearly shows that you can very well draft notice for declaration of holiday for your employees. Your opinion is also not at all objectionable.
Submitted.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
.
From India, Delhi
It is right that one can not create hindrance in utilizing the right to vote. Thus if an employee wants to cast his vote in the area other than the area in which he is working then allow him to cast his vote with his own leave. Holiday to the employees is to be granted in the area of election on the day of poll. Your attachment relates to the Govt. & semi Govt. employees. Your opinion/ comments drafting clearly shows that you can very well draft notice for declaration of holiday for your employees. Your opinion is also not at all objectionable.
Submitted.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
.
From India, Delhi
Thank you Khola sir,
I plan to declare - mail to all about Election day - the paid holiday as "Dear All, According to the Poll Schedule announced by the Election Commission of India, The General Elections to Loksabha will be held on Thursday, 30th April, 2009.
As per the Notification dated 4th April, 2009 issued by Deputy Secretary, Government of Maharashtra - the Polling day is declared as Public Holida under Negotiable Instrument Act 1881 In view of the above our office in Mumbai will remain close on 30th April, 2009 to enable all employees to exercise their right to vote."
Thank you,
Yours faithfully,
Pari
Manager - HR
From India, Mumbai
I plan to declare - mail to all about Election day - the paid holiday as "Dear All, According to the Poll Schedule announced by the Election Commission of India, The General Elections to Loksabha will be held on Thursday, 30th April, 2009.
As per the Notification dated 4th April, 2009 issued by Deputy Secretary, Government of Maharashtra - the Polling day is declared as Public Holida under Negotiable Instrument Act 1881 In view of the above our office in Mumbai will remain close on 30th April, 2009 to enable all employees to exercise their right to vote."
Thank you,
Yours faithfully,
Pari
Manager - HR
From India, Mumbai
Dear Pari,
Manager - HR
This is for your information that notification dated 04.04.2009 which is issued under Negotiable Instruments Act,1881 relates to public holiday for Govt./semi-Govt. bodies/corporations/undertaking employees only. This notification does not relates to the private industrial houses/units/establishments employees.We are to declare paid holiday as per section 135-B of The Representation Of The People Act,1951 Which was amended in August,1996. We are to declare holiday as per the latest instructions of ECI dated 30.03.2009 which have already been attached by me with my opinion dated 16.04.2009.
As this being an important query, I am submitting my comments in the interest of all my HR friends.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Find attached a Circular from the Karnataka Govt declaring poll days and Paid Holidays. (attachment is in the regional lang...so ppl who don’t know Kannada, pls take help:))
From India, Bangalore
From India, Bangalore
Dear
There is no need to wait for the letter from the Govt. you are to follow Section 135B of the Representation of Peoples Act. Plz go through this latest instructions Dated 30.03.2009 of ECI & take action accordingly. There are so many attchments which shows that we are to declare paid holiday.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
There is no need to wait for the letter from the Govt. you are to follow Section 135B of the Representation of Peoples Act. Plz go through this latest instructions Dated 30.03.2009 of ECI & take action accordingly. There are so many attchments which shows that we are to declare paid holiday.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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