As India moves through the seven phases of the Lok Sabha elections 2024, with two phases still remaining, the question of whether employers must declare a paid holiday on voting day has arisen. By law, employees are entitled to a paid leave on voting day under Section 135B of the Representation of the People Act, 1951.
This section mandates that all establishments grant a paid holiday to their employees on the polling date to ensure they can exercise their right to vote. While companies can offer flexible arrangements such as allowing employees to work from home or adjusting work hours, this is only permissible if the nature of the work is unavoidable.
If an employer fails to provide a paid holiday on polling day, employees have the right to file a complaint with the Election Commission of India. Such a complaint could result in a penalty of ₹500 for the employer under the Representation of the People Act, 1951. Additionally, an FIR may be filed against the employer under the Indian Penal Code, 1860, for violating the order of a public authority.
No specific exemptions to this rule exist except where an employee’s absence would cause "danger or substantial loss" to the employer. However, the term "substantial loss" is not clearly defined and would need to be proven by the employer if contested in court.
The mandatory paid holiday applies specifically on the polling date in the state and constituency where the employee is registered to vote, not necessarily where the company operates. Employers are encouraged to make reasonable accommodations, such as allowing work from home or flexible hours, to minimize business disruption while complying with the law.
For counting days, there are no legal requirements for holidays, but employers should remain aware of any local notifications or guidelines issued by the Election Commission.
Employers must ensure compliance to avoid legal repercussions, while employees should be aware of their rights to a paid holiday for voting. Negotiating flexible work arrangements can help balance the need to vote with business needs, but the primary obligation remains to provide a paid holiday to support the democratic process.
