The electoral process of May 5, 2024. Time required for voting.
Olga Pitti
The Labor Code contemplates among the obligations of the workers the obligation to perform the agreed work, with the intensity, care and efficiency, in the stipulated time and place. This implies, to report to perform their work at the company's facilities or at the place determined by the company, during the hours corresponding to them in accordance with the terms of their employment contract.
In view of the upcoming electoral process, it is important for companies and their personnel to be aware of the contents of Article 406 of the Electoral Code, which we quote below:
Public servants and private enterprise workers may be absent from work on election day for the time necessary to vote, without being subject to penalty or deduction of salary.
The purpose of the rule is to ensure that citizens attend to vote, so no one can prohibit or prevent workers from exercising their right to vote.
It is important to review this issue in advance with workers to determine what would be a reasonable time to go to exercise the right to vote, which involves determining the distance between the polling place and the workplace.
Despite the provisions of Article 406, which states that the employee shall not be subject to penalty or deduction of salary, we consider that if it is proven that the employee did not attend to vote, the company could be applying a disciplinary measure, after analyzing the particular case.
