Employees are entitled to a paid leave to exercise their right to vote in popular elections and referendums, as stipulated in Article 69, section j, of the Labor Code. This right includes the necessary leave to attend the polls during the upcoming municipal elections, scheduled for Sunday, February 4, 2024.
Similarly, Article 292 of the Electoral Code states that: "An employer who, in violation of the obligation established in section j) of Article 69 of the Labor Code, prevents his workers from being absent from work on election day for a reasonable time to cast their vote, or imposes any sanction or accordingly reduces their salary, shall be fined with two to five base salaries.”
The paid leave granted for voting will depend on the circumstances of the specific location, and as such, general guidelines cannot be issued for all companies. Nevertheless, it is recommended to reconcile logical and reasonable criteria, depending on the workplace and the company's work schedule, to ensure that the employee's right is not restricted, and the company is not unduly harmed.
Therefore, every employee who is required to work on the day of municipal elections is entitled to the necessary time to go to their polling center, with full pay, without facing any sanctions. However, the relevant employer may coordinate in advance to avoid any disruption of operations and request documentation to verify that the employee did indeed attend the polling center.