Global Compliance Desk – India

India: Employees Entitled to Paid Holiday for Voting (Lok Sabha Elections 2024)

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.

This regulation applies universally, covering public and private sectors, including daily wage earners and casual workers, irrespective of their residential and work constituencies. State Governments across India have issued notifications ahead of the upcoming Lok Sabha elections, outlining the holiday requirements for April – June 2024 in various states.

The State Governments in various regions have issued official notifications regarding the declaration of paid holidays in light of the 2024 Lok Sabha elections. Here’s a breakdown of the paid holiday requirements for voting in certain key States from April to June 2024:

• • Maharashtra (April 19, 20,  May 7, 13, and 20th): Paid holiday for Lok Sabha elections, specific to the voter’s respective constituency. In exceptional situations where a paid holiday cannot be given, at least 2 hours’ leave shall be granted. Requisite permission from the collector and district election officer is necessary in such cases.

• • Andhra Pradesh (May 13): Paid holiday for Lok Sabha elections.
  • Telangana (May 13): Paid holiday for Lok Sabha elections.
  • Karnataka (April 26, May 7): Paid holiday for Lok Sabha elections.
  • NCT of Delhi (May 25): Paid holiday for Lok Sabha elections, specific to the voter’s respective constituency.
  • Uttar Pradesh (April 19, 26; May 7, 13, 20, 25 & June 1): Residents working in different establishments in Uttar Pradesh will also receive a paid holiday as per the Lok Sabha elections.

Penalty for not giving paid holiday to employees on Polling Day – Failure to adhere to these regulations can lead to penalties for employers, including fines of up to Rs 500 and potential legal action under the Indian Penal Code. Employees are empowered to report any violations to the Election Commission of India or the State Election Commission.

Exceptions and Considerations – There are exceptions to the mandatory paid holiday for jobs where an employee’s absence could cause safety problems or major financial losses to the company. Even if the employee has to work on holiday, the employer cannot deduct their wages. The employee will still be paid the same amount as they would get for a regular workday.

Takeaway: Employers play a pivotal role in ensuring equitable access to voting rights for all eligible citizens in India. By adhering to mandatory paid holiday regulations for the Lok Sabha elections 2024, they contribute to upholding democratic principles and facilitating widespread electoral participation.