Mandates a Paid Holiday for Employees on The Day of Elections
Section 135B of the Representation of the People Act mandates a paid holiday for employees on the day of elections, allowing them to exercise their right to vote in elections to the House of the People (Lok Sabha) or the Legislative Assembly of a State.
135B. Grant of paid holiday to employees on the day of poll.-
(1) Every person employed in any 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) 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.
Here's a breakdown of the key points in Section 135B:
1. Entitlement to a Paid Holiday
- Any person employed in a business, trade, industrial undertaking, or other establishment who is eligible to vote must be granted a holiday on polling day.
- This rule applies broadly across private and public sector establishments to ensure that employees have the time to participate in the democratic process.
2. No Wage Deduction
- Employers are prohibited from deducting wages or reducing pay due to the holiday.
- Even if an employee usually wouldn’t receive wages for that specific day, they must still be paid as though they worked.
- This ensures that financial considerations do not prevent employees from voting.
3. Penalty for Non-Compliance
- If an employer fails to grant a holiday or attempts to deduct wages for that day, they can face a penalty.
- The penalty for non-compliance is a fine of up to 500 rupees.
4. Exception Clause
- This section does not apply to workers whose absence from duty could cause significant danger or loss to the establishment.
- This provision is mainly for essential or emergency services where the absence of employees could lead to critical issues.
Purpose of Section 135B
The provision aims to remove barriers for employees wishing to vote, promoting civic participation and upholding the democratic right of every eligible citizen to cast their vote without financial or employment-related deterrents.
In essence, Section 135B reinforces the importance of voting by ensuring employees can vote without loss of pay, supporting a fair and inclusive electoral process.
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