India is gearing up for the 18th Lok Sabha elections, as declared by the Election Commission of India (ECI).  Elections in India are a significant event, marking a time when citizens exercise their democratic right to vote and shape the future of their country.

As the 2024 general elections draw near, there is uncertainty among employers and employees in private sectors, crucial services such as hospitals, and other public service industries regarding holidays on polling days, wage payments, and the repercussions of failing to comply.

These concerns can be addressed by understanding the best practices implemented by organizations nationwide in accordance with the country’s legal framework.

1. Paid Leave:

• Section 135 B of the Representation of the People Act, 1951, mandates that 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.
• Employers are required to give a day off on the day of polling without any deductions in wages.

2. Flexible Hours:

• Although the legal framework in India does not specify laws regarding flexible working hours on polling day, providing flexible hours is in the spirit of the legal mandate to facilitate voting.
• Employers who offer flexible working hours help ensure that employees can reach polling stations at convenient times.

3. Work from Home:

• There’s no specific legal requirement in India that directs employers to allow work from home on election days. However, this practice can be seen as an extension of an employer’s duty to facilitate voting, especially in circumstances where commuting might prevent an employee from voting.

4. Shift Adjustments:

• Like flexible hours, shift adjustments are not specifically mandated by Indian voting laws, but they align with the intent of the laws by ensuring employees have ample time to vote.
• Adjustments might include changing shift times or allowing employees who work night shifts or other irregular hours to have sufficient time off to vote when the polls are open.

Implications:

If an employer is non-compliant with the provisions of the Representation of the People Act, 1951, then such an employer shall be punishable with a fine which may extend to five hundred rupees.

Further, Employees facing such issues can report the violation to the Election Commission of India or the State Election Commission and on receiving the complaint, the ECI is entitled to conduct an enquiry and impose a penalty of Rs 500, per the RP act. The ECI can also file FIRs under the Indian Penal Code for violating the order of a public authority, depending on the case.