More than 150 million Brazilians will return to the polls this Sunday (4) to choose president of the Republic, governors, senators, federal, state and district deputies. What many people don't know is that voting day is considered a national holiday.
The prediction is in article 380 of the Electoral Code, which establishes that "the day on which elections are held on a date fixed by the Federal Constitution will be a national holiday".
This means that the first round of the 2026 General Elections, scheduled for this Sunday (4), will be a public holiday across the country.
If there is a second round for the presidential election or for the choice of governors, a new vote will be held on October 25th. Wherever it takes place, the date will also be considered an election holiday.
Even on national holidays, not all workers are laid off. The legislation allows essential activities and other authorized categories to continue operating on these dates.
The existence of the holiday does not mean that all activities need to stop. The TSE itself understands that companies, businesses and services can operate on election day, as long as they respect the legislation and guarantee workers conditions to exercise their right to vote.
"The employee can be scheduled to work, as long as the rules applicable to holidays are respected and, above all, their right to vote is guaranteed", says Marcel Zangiácomo, partner at the firm Galvão Villani, Navarro, Zangiácomo e Bardella Advogados.
To help those who will be working on voting day, g1 answers the main questions on the topic.
Check it out below:
Can the worker have to work on the holiday?
What are the rights?
What is the right to vote for those who will be working?
What if your workplace is far from the polling place?
What to do if the company makes it difficult to go to the polls?
How to report irregularities?
Can the worker have to work on the holiday?
Yes. Although article 70 of the CLT prohibits work on national holidays, the legislation provides exceptions for activities considered essential, such as industry, commerce, transport, communications, funeral services and security, among others.
Furthermore, the employer may request that the employee work during the holiday when provided for in a collective agreement, an agreement signed between employers and unions.
What are the rights?
As it is a national holiday, work carried out on that date must follow the rules set out for this type of situation.
"As a rule, work on holidays must be paid double or compensated with another day off. It is also important to check the category's collective agreement, which may establish specific conditions", says Zangiácomo.
What is the right to vote for those who will be working?
Brazilian legislation guarantees workers the right to be absent for the time necessary to vote, without suffering any harm.
The employer cannot create obstacles to travel or adopt measures that hinder the exercise of this right. This includes salary deductions or the requirement to compensate for hours used to attend the polling station.
In practice, the company can adjust schedules, make schedules more flexible or adopt other measures to guarantee the right to vote.
What if your workplace is far from the polling place?
In these cases, the time required for travel must also be considered. "The company must guarantee conditions for the employee to be able to vote. If he works far away or in another city, the time needed to travel must be taken into account."
The TSE's understanding is that the employer must adopt measures that allow workers to reach their voting location without obstacles.
What to do if the company makes it difficult to go to the polls?
The worker must gather evidence of the situation, such as messages, communications, emails and testimonies.
"The company cannot prevent or hinder voting. If this happens, the worker must register the situation and can contact the Electoral Court or the competent labor bodies", says Zangiácomo.
In addition to violating a fundamental right, the conduct may constitute an electoral crime. Article 297 of the Electoral Code provides for imprisonment of up to six months and a fine for anyone who prevents or hinders the exercise of voting.
How to report irregularities?
Anyone facing difficulties voting or suffering pressure related to the elections should keep evidence whenever possible, points out the MPT.
WhatsApp messages, emails, videos, audios, prints of conversations, documents and testimonies can help prove the facts.
Complaints can be forwarded to the Public Ministry of Labor, the Public Electoral Ministry (MPE) and the reporting channels of the Regional Labor Courts.
The worker can also contact the category union to receive guidance and support.
