For millions of Brazilians, the first round of elections, this Sunday (4), will also be a working day. Health, security, hospitality and other essential services professionals will need to balance their workdays with going to the polls.
It is at this moment that recurring doubts arise, such as: is the company obliged to release the employee to vote? Can the time used be deducted from the salary? Do I need to make up for these hours later?
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.
To help those who will be on duty during voting, g1 gathered the main questions about electoral legislation and workers' rights on election day.
Below, understand:
Can people who work on election day go out and vote?
Is the boss obliged to release the employee?
Can hours used to vote be deducted?
And who votes in another city?
What if the company makes it difficult to go to the polls?
And talk about politics at work? Is it prohibited?
When does the situation become electoral harassment?
How to report irregularities?
Can people who work on election day go out and vote?
Yes. The worker has the right to be absent for as long as necessary to go to the polling place and vote. The company cannot prevent this movement or create difficulties that make the exercise of this right unfeasible.
This guarantee applies to any professional category. The right is the same for anyone who works in a hospital, supermarket, restaurant, factory, gas station or any other establishment that operates on Sundays.
In practice, the employer must organize the working day so that the worker can exercise their right to vote.
Is the boss obliged to release the employee?
The Public Ministry of Labor (MPT) determines that the employer must allow the employee to be absent for the time necessary to go to the polling station, vote and return to work.
The rule applies even when the company is busy or when the worker is scheduled at a time that coincides with voting.
Can hours used to vote be deducted?
No. The period necessary to go to the polls cannot result in discounts on the worker's salary.
The company also cannot demand compensation for hours used to vote. According to the MPT, this type of requirement can make it difficult to exercise a right guaranteed by electoral legislation.
In other words, the employee does not need to make up this time later or accumulate negative hours for having attended his polling station.
And who votes in another city?
In these cases, the protection continues to apply. The employer cannot create obstacles to voting, even when the worker needs to travel to another city to vote.
This does not mean that any absence will be automatic or unlimited. What the legislation protects is the exercise of the right to vote. Therefore, the company must adjust the working day to allow workers to vote.
What if the company makes it difficult to go to the polls?
The Electoral Code establishes that no one can prevent or hinder the exercise of voting. Creating obstacles to voting can constitute an electoral infraction.
This applies to both explicit situations and indirect ways of making voting more difficult.
For example:
deny access to vote;
threaten salary discounts;
demand compensation for hours;
changing scales to make voting more difficult;
create constraints related to going to the polls.
Situations such as:
require the employee to inform their electoral preference;
ask for proof of vote;
request photos of the ballot box;
determine that the worker records or photographs the moment of voting.
And talk about politics at work? Is it prohibited?
The legislation does not prohibit conversations about politics. The problem arises when the workplace is used to pressure or embarrass someone because of their political views.
The MPT highlights that employers cannot use their hierarchical position to influence employee votes.
When does the situation become electoral harassment?
Electoral harassment occurs when there are threats, embarrassment, humiliation, intimidation or promises of advantages with the aim of influencing the worker's political choice.
Examples cited in the booklet include:
threats of dismissal linked to the election results;
promises of benefits in exchange for political support;
pressure to participate in campaign events;
requiring the use of clothing, stickers or materials attached to candidates;
persecution of workers for their political opinions.
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.
