Citizens are granted paid leave on voting day by law, as per Section 135 'B' of the Representation of the People Act, 1951

2)Every Indian citizen aged 18 and above holds the right to vote. The Representation of People Act, 1951, mandates businesses and establishments in the voting area to declare a holiday on election day, ensuring employees receive paid leave without any deduction from their salary.

3) Employers failing to provide paid leave on polling day can face penalties of up to Rs 500 and potential FIRs under the Indian Penal Code

4) For workers in Mumbai who are essential in emergency situations or those facing exceptional circumstances, the order includes provisions for flexibility.

5) The directive specifies that in cases where providing a full day of leave is challenging, establishments may offer a minimum of four hours of leave, provided they have prior approval from the district election officer.

Citizens are entitled to a paid leave on voting day by law, as per Section 135 'B' of the Representation of the People Act, 1951. However, companies can have employees work from home, after or before they head for polling unless their work is unavoidable. However, if a staffer raises a complaint in this regard to the Election Commission of India, the firm may have to face a penalty and/or legal action.

According to section 135(B) of Representation of the people(RP) Act, 1951 “Every person, employed in any business, trade industrial undertaking or any establishment and entitled to vote at election to Lok Sabha or Legislative assembly of state, shall be granted a paid holiday on the day of poll.”

(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.

Yes you can write to the election commission of India but the holiday of 20th will have to be considered being a holiday election day

Dear Client,

In the Present Scenario, the elections in Maharashtra on November 20, 2024, for which, the company mandates a paid holiday for the employees under §135B of the Representation of the People (RP) Act, 1951, ensuring that, they are available to vote in the elections. While this is an obligation, that must be complied with, your company may explore certain options to mitigate the operational impact. Firstly, you may implement a compensatory working day option for your company, by requesting your employees to work on another day, so as to not infringe on their right to vote or paid holiday entitlements. This option would avoid legal complications involved and adhere to Representation of the People (RP) Act. Alternatively, if your company faces exceptional circumstances, you may consider writing to the Election Commission of India (ECI) to seek an exemption, though the same is unlikely to be granted, as voting rights are always considered as a priority. Thus, it is suggested that you may consider provision of a compensatory working day plan, instead of resorting to any other option.

Hope you find this answer beneficial for resolving the dispute.

- As per Section 135 B of Representation of People Act , 1951. The employer must provide a paid leave on election day.

- Further, in case of violation of this law, one can complaint to Election commission, and this rule is applied all the establishments and casual workers, regardless of whether they reside in one constituency and work elsewhere.

-  You can approach the election commission with the permission of the employee for taking their services on the election day after demonstrating that the employee's duties will not conflict with their right to vote or any election-related obligations they may have.

- The Election Commission, in such cases, may issue specific instructions to facilitate this, but the overall guiding principle is that an employee should not be deprived of their right to vote.

Here is a concise response to your query:

Paid Holiday on Polling Day Requirement: As per the Representation of the People Act (RP Act) and labor laws, employers are generally required to grant a paid holiday on election day to allow employees to exercise their voting rights. There are no provisions to mandate compensatory working days in lieu of a holiday granted for polling.

Compensatory Working Day Option: You cannot enforce a compensatory working day for a paid election holiday as it goes against the purpose of enabling voter participation. However, you may explore alternative ways to make up for lost productivity, such as extended working hours before or after the holiday, with employee consent.

Requesting an Exception: Writing to the Election Commission of India (ECI) for an exception is unlikely to succeed, as granting a paid holiday on polling day is a legal obligation intended to facilitate voting. Exceptions are rarely provided, except under extraordinary circumstances, typically for essential services.

Recommendations:

Compliance: Ensure compliance with the paid holiday provision to avoid legal issues.

Alternative Arrangements: Plan productivity measures around the holiday while respecting employees' rights to vote.

Consulting with a labor law expert may provide further clarity and tailored solutions based on your industry and specific needs.