Lok Sabha Elections 2024: Is voting day a ‘paid holiday’? Here’s what the law says and penalties for not following – Karma Global
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Lok Sabha Elections 2024 : The Law and Penalties if you fail to give a paid holiday on voting day!
According to the Constitution of India, all Indians above the age of 18 are entitled to exercise their right to vote.
The Representation of People Act also calls for every enterprise to declare a holiday on the polling day in the area where voting is taking place.
The 1951 law also sets out punitive actions for employers who contravene the relevant provisions.
“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 or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday.
No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section. And if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day,” the Act clarifies.
Employers violating the Act can incur a fine up to ₹500. An FIR may also be filed against the employer under the Indian Penal Code 1860 for violating the order of a public authority.
On the question of any industries being exempted from it and how can companies make it flexible for their employees, no specific exemptions are prescribed except where the employees absence may cause danger or substantial loss to the employer. Companies can make it flexible by allowing employees to work from home or adjusting work hours to ensure they can vote without obstructing their responsibilities.
