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Quicksplained: Should you get an off on polling day?

FP Explainers April 18, 2024, 13:58:48 IST

A complaint has been filed against e-commerce majors Flipkart and BigBasket for not granting leave to their workers on 19 April, the first phase of voting. As per the law, all businesses in the region where polling is taking place must declare a holiday on the day of elections

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Polling officials collect EVMs and other election material at a distribution centre ahead of the first phase of voting for Lok Sabha elections, in Moradabad. PTI
Polling officials collect EVMs and other election material at a distribution centre ahead of the first phase of voting for Lok Sabha elections, in Moradabad. PTI

The voting for the high-octane Lok Sabha Elections 2024 is set to begin on 19 April.

As per the Election Commission’s schedule declared on 16 March, the general elections will be held in seven phases, with the first phase of polling held in 102 parliamentary constituencies across 21 states on Friday.

A complaint has been filed against e-commerce major Flipkart and Tata Group firm BigBasket for allegedly making delivery boys work on the day of the voting on 19 April.

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According to PTI, in the complaint filed before Tamil Nadu state election commissioner B Kothi Nirmalasamy on Wednesday, Chennai High Court lawyer K Narasimhan has stated that despite the state government declaring leave of April 19 for the election day, Flipkart and BigBasket are promising guaranteed delivery of orders even on the day of voting.

The complainant has demanded an investigation into the claims of e-commerce of guaranteed delivery on voting day and to take appropriate measures to uphold the democratic rights of all workers, irrespective of their state of origin.

The latest development brings us to a major question: whether polling days are paid holidays.

Let’s take a closer look.

Also read: How India’s elections got bigger and better over the years

What the Constitution says…

  • The right to vote is a vital part of India’s electoral democracy and cannot be denied to any citizen. Therefore, per the Representation of People Act, 1951 (RP Act), all businesses in the region where voting is taking place must declare a holiday on the day of voting, as per Mint.

  • According to the act, an employee is entitled to a paid holiday on the day of voting and cannot have any deductions made from his or her wages or salary.

  • If an employer fails to provide paid leave on election day, the employee may file a complaint with the Election Commission of India or the relevant authority.

  • There is one exception, though. Employees working in a profession where their absence poses danger or ends in a significant loss for the company are exempt from paid holidays.

On the polling day, an employee must be given a paid holiday and his wages or salary for the day may not be deducted, as per the act. PTI

Also read: How India held its first Lok Sabha election in 68 phases

Governments and companies that declared paid holidays

  • In a move to encourage voter participation in the 18th Lok Sabha elections, Delhi-NCT, Rajasthan, Haryana, Tamil Nadu, Kerala, Punjab, Uttarakhand, Gujarat, Uttar Pradesh, Assam, West Bengal, Manipur, Jammu and Kashmir, Karnataka, Bihar, Nagaland, and Maharashtra governments have declared paid or public holidays on their respective voting days, according to media reports.

  • Banks will be closed in Aizawl, Itanagar, Jaipur, Kohima, Chennai, Agartala, Dehradun, Shillong and Nagpur on 19 April on account of upcoming polls.

  • Several private companies that have announced paid time-off on polling days or made such days meeting-free, are Corporate India, TCS, Infosys, HCL Tech, Raymond, Godrej and Boyce, Ferrero India, and Home Credit, according to The Times of India.

  • The electricity company Adani Electricity has also planned activities in such a manner that employees are able to exercise their right to vote without impacting customer service.

  • Stock exchanges BSE and NSE too have declared a trading holiday on 20 May, when Mumbai goes to polls.

With inputs from PTI

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