Working on election Sunday: anticipate your employees' absence

Disclaimer. The English translations provided herein are generated by artificial intelligence from Dutch and French content. While every effort has been made to ensure accuracy, we cannot guarantee that the translations will be error-free. The translated content is for readability purposes only and should not be considered as legal advice. For accurate information, employers and HR professionals are advised to consult the original versions in Dutch or French, or to consult your Securex Legal Advisor.

This article discusses the legal provisions and possible solutions, as well as the right to wages.

Absent to vote

Voting is compulsory in Belgium, so your employees working on Sunday 9 June 2024 must be absent from work to fulfil his legal obligation.

The election takes place on a Sunday. That is basically an inactivity day for many employees, but some work on Sunday 9 June. Maybe that's the case in your company!

In addition, 16- and 17-year-olds will also have to go to the polling station for the European elections this year for the first time. This will also have an impact on their work as students in your company. You should therefore take these absences into account when planning the work of your students on Sunday 9 June.

So you should take these absences into account when planning the work of your students on Sunday 9 June.

To fulfil their legal obligation, employees have a choice between going to the polls to vote personally, or voting by proxy.

Personally going to the polls to vote

If it is not possible for the employee to go to vote outside working hours, they can with your permission be absent for the time needed to vote.

You must agree with your employee at what time he can be absent from work.

You must agree with your employee at what time he can be absent from work.

You must, however, not pay wages for this absence. The law does not provide for retention of pay for the period when your employee goes to the polls. For this absence, you must report your employee as “permitted unpaid absence”.

You must report your employee as “permitted unpaid absence”.

Your employee can also ask you to take a holiday day to vote. That request is subject to the usual rules for taking holidays, which normally requires a reciprocal agreement.

Voting by proxy

The employee can give a proxy to another voter of his choice to vote in his place. To do this, he must fill in a proxy form.

This form is available free of charge from the municipality where your employee lives or can be downloaded on the website of the FPS Home Affairs.

On this proxy form that you must also sign, you must state that the employee's presence at work is absolutely necessary. Unlike the previous election, you no longer have to attach an attestation to this proxy form.

Can you require your employee to give a proxy to an acquaintance to vote in his place so that he can be present at work? The answer is no: only the employee can decide this.

Absent as a member of a polling station

It is possible that your employee has been appointed as chairman, secretary or co-chairman of a polling or counting station. He will then be absent to fulfil this legal obligation, and you can not oppose this.

For some of these absences, your employee may be right to short leave, if he:

• President is in a principal or sole polling station: he may be absent for the time required for that purpose with pay
• President is in a principal polling station in the election to the European Parliament or in a principal polling station: he may be absent with pay
• for up to five days

It goes without saying that you need to pay your employee only the salary for these absences if he was in principle required to work on Sunday 9 June.

By contrast, the law does not provide for short-term absences and no pay is due if your employee is absent from work to take up the office of chairman or secretary of the voting and counting offices.

Want more information?

For more information on the 9 June 2024 elections, consult the FPS Home Affairs website. For more information on the exercise of the office of assistant secretary entitled to short leave, consult our page.

What does Securex do for you?

Do you have any further questions or need advice on planning work schedules on Election Sunday, please do not hesitate to contact your Securex Legal Advisor at myHR@securex.be.