Hi
All,
I would like to thank Mr Pariwal, for his e-mail that he sent today. I respect Mr Pariwal's feedback & would definitely take care of the same in future . And somewhere I feel its my moral liability to clear this confusion. Lets not make this rocket science. Hope Mr Pariwal would agree with me & would bless me.
Question placed is important here but language selected is wrong- 'Compensate the holiday'.
If objective is: To get work done from employees, which is pending or not done in appropriate time on any week off /Sunday due to a leave provided for election. It can be done. And there is no second thought. Company can ask employee to co-operate.
Why 'Compensate the holiday' has created confusion? (That's why in my 1st posting I have said I have failed to understand from which background this question is asked-HR, Managerial, Finance, Production or operation).
Compensating a leave means: If employee is provided a paid leave then he is bound to work for another day (week off/Sunday) with/without paid for work. Which means a liability is created on employees end . This cannot be done under ordinary situation & Illegal in nature.
How objective can be achieved:
1. Convert Polling date into week off, only for that week. And there by week off will become a workable/productive day.
2. Make Polling day's leave as Paid Leave/Non Paid Leave. And ask employee to work for additional day, week off /Sunday, which will be paid in nature/ OT will be provided. Follow laws, guidelines ,rules & clauses in appointment letter , that you all follow under ordinary situation for work in week off. This should be done on basis of mutual agreement between employer & employee.
3. steps provided by point 2, can only be done either before or after 3 days from polling date.
Very Important : Leave provided for election can be paid or non paid in nature-discretion of management. But if worker /employee is working for an extra day, he must be paid for his work. Even if a paid leave is provided for election, then also employee must be paid again for his work ,if he work on week off/Sunday.
And yes, employee is not liable to compensate the leave (means like bound to work, work without pay) under any circumstances. Its employees choice whether to work for an extra day or not. Or in other words, mutual negotiation between employer & employee should be done. If employee & employer have no problem, then its all right.
Hope now its clear. All can understand it, even a layman. Lets close this discussion here only.
Thanks & Regards
Sovik B
From India, Mumbai
48All,
I would like to thank Mr Pariwal, for his e-mail that he sent today. I respect Mr Pariwal's feedback & would definitely take care of the same in future . And somewhere I feel its my moral liability to clear this confusion. Lets not make this rocket science. Hope Mr Pariwal would agree with me & would bless me.
Question placed is important here but language selected is wrong- 'Compensate the holiday'.
If objective is: To get work done from employees, which is pending or not done in appropriate time on any week off /Sunday due to a leave provided for election. It can be done. And there is no second thought. Company can ask employee to co-operate.
Why 'Compensate the holiday' has created confusion? (That's why in my 1st posting I have said I have failed to understand from which background this question is asked-HR, Managerial, Finance, Production or operation).
Compensating a leave means: If employee is provided a paid leave then he is bound to work for another day (week off/Sunday) with/without paid for work. Which means a liability is created on employees end . This cannot be done under ordinary situation & Illegal in nature.
How objective can be achieved:
1. Convert Polling date into week off, only for that week. And there by week off will become a workable/productive day.
2. Make Polling day's leave as Paid Leave/Non Paid Leave. And ask employee to work for additional day, week off /Sunday, which will be paid in nature/ OT will be provided. Follow laws, guidelines ,rules & clauses in appointment letter , that you all follow under ordinary situation for work in week off. This should be done on basis of mutual agreement between employer & employee.
3. steps provided by point 2, can only be done either before or after 3 days from polling date.
Very Important : Leave provided for election can be paid or non paid in nature-discretion of management. But if worker /employee is working for an extra day, he must be paid for his work. Even if a paid leave is provided for election, then also employee must be paid again for his work ,if he work on week off/Sunday.
And yes, employee is not liable to compensate the leave (means like bound to work, work without pay) under any circumstances. Its employees choice whether to work for an extra day or not. Or in other words, mutual negotiation between employer & employee should be done. If employee & employer have no problem, then its all right.
Hope now its clear. All can understand it, even a layman. Lets close this discussion here only.
Thanks & Regards
Sovik B
From India, Mumbai
Govt of India / EC; from time to time, by notification in the gazette, mailers, newspapers, notifies that election is to be declared a Holiday.
From India, Mumbai
From India, Mumbai
The Representation of the People Act, 1951:
The above Act is a Central enactment which declares a holiday for all eligible voters working in any business, trade, industrial undertaking or any other establishment on the day of a poll to the House of the People or the Legislative Assembly. The relevant provision is in Section 135B, which is reproduced as under:
“135B. Grant of paid holiday to employees on the day of poll.—
(1) 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.
(2) 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 (1) 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.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
(4) 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.”
2. Constitution of India:
Article 246(1) states that Parliament has exclusive powers to Legislate under the Union List, i.e. List 1 of Schedule VII to the Constitution of India, while Article 246(3) states that a State Legislature has exclusive power to legislate under the State List, i.e. List II of Schedule VII.
Both the Parliament and the State Legislatures are given the right to legislate over elections, although the Parliament’s right extends to legislating over the Central and State Legislatures, whereas the State may only legislate over elections to the State Legislature, subject to any central enactments. The relevant Items in the respective Lists are stated below.
List I (Union List), Item 72:
“Elections to Parliament, to the Legislatures of States and to the Offices of President and Vice-President; the Election Commission.”
List II (State List), Item 37:
“Elections to the Legislature of the State subject to the provisions of any law made by Parliament.”
From India, Mumbai
The above Act is a Central enactment which declares a holiday for all eligible voters working in any business, trade, industrial undertaking or any other establishment on the day of a poll to the House of the People or the Legislative Assembly. The relevant provision is in Section 135B, which is reproduced as under:
“135B. Grant of paid holiday to employees on the day of poll.—
(1) 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.
(2) 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 (1) 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.
(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.
(4) 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.”
2. Constitution of India:
Article 246(1) states that Parliament has exclusive powers to Legislate under the Union List, i.e. List 1 of Schedule VII to the Constitution of India, while Article 246(3) states that a State Legislature has exclusive power to legislate under the State List, i.e. List II of Schedule VII.
Both the Parliament and the State Legislatures are given the right to legislate over elections, although the Parliament’s right extends to legislating over the Central and State Legislatures, whereas the State may only legislate over elections to the State Legislature, subject to any central enactments. The relevant Items in the respective Lists are stated below.
List I (Union List), Item 72:
“Elections to Parliament, to the Legislatures of States and to the Offices of President and Vice-President; the Election Commission.”
List II (State List), Item 37:
“Elections to the Legislature of the State subject to the provisions of any law made by Parliament.”
From India, Mumbai
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