Phase One of the Lok Sabha Elections: Is It Allowed to Take Paid Holidays on Election Day? Examine the Laws and Exclusions
The Lok Sabha election of 2024 is scheduled to take place in seven parts, with the first phase starting this Friday. The polling process has already begun. In the first round of today’s Lok Sabha elections, voters in 102 seats spread across 21 states and Union Territories will exercise their right to vote.
Is Election Day an Accrued Holiday?
According to Section 135 “B” of the Representation of the People Act, 1951, which is referenced in the Indian Constitution, voters are entitled to paid leave on the day of voting. On the day of voting, professionals and workers who are employed are entitled to a paid vacation without having their salaries withheld.
The Representation of People Act, 1951 mandates that companies, trades, industrial projects, and other enterprises in their community proclaim a holiday on the day of voting.
Is Election Day in the Private Sector a paid holiday?
According to legal experts, the clause allowing for the declaration of a holiday on the day of polling is applicable to the private sector as well as to those who are members of the constituency where the election is being held but do not reside there. If a Lucknow voter, for instance, needs to vote in Lucknow but lives in Delhi for work, he or she is entitled to a vacation so that they may return to Lucknow to exercise their right to vote.
Penalties for failing to provide paid holidays on election day
Employees may submit infractions by their employers to the State Election Commission or the Election Commission of India in the case that paid leaves are refused. Penalties up to Rs. 500 and the possibility of filing a FIR under the Indian Penal Code are among the consequences.
DAY PAID HOLIDAY POLLING: EXCEPTIONS
There are exclusions from the required paid vacation policy for workers in industries where their absence might endanger worker safety or result in significant losses for the firm.
The following dates will mark the phases of the 2024 Lok Sabha elections: April 26, May 7, May 13, May 20, May 25, and June 1.
