What Happens if the Election Day Falls on a Weekday?

According to Human Resources Minister Datuk Seri M. Saravanan, employers are required to give workers time off or leave if the election day falls on a working day.

He stated that every Malaysian citizen over the age of 18 has the right to vote and carry out their responsibilities.

"The employers must comply with the government's directive. They must allow employees to vote. Whether the employees are given occasional public holidays, replacement leave or time off," he said.

After Prime Minister Datuk Seri Ismail Sabri Yaakob announced the dissolution of Parliament on October 10, the Election Commission (EC) would conduct a meeting on October 20 to discuss and determine key dates for the 15th General Election (GE15).

The 14th General Election was held on Wednesday, May 9, 2018, which was a working day.

 

Do companies have to allow their employees to take time off to cast their ballots?

Yes. On election day, businesses are required to provide their staff with a reasonable amount of time to cast a ballot.

According to Section 25(1) of the Election Offences Act 1954, "Every employer shall, on polling day, allow to every elector in his employ a reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period."

Section 25 of the Election Offences Act 1954.

 

What happens if an employer forbids their employee from voting?

According to the Election Offences Act 1954, any employer who refuses to allow a reasonable period for voting or interferes with it through intimidation, undue influence, or another method is subject to an RM5,000 fine or a year in prison upon conviction.

Additionally, it is illegal to stop a voter from casting their ballot during an election. Any individual found guilty of doing this faces a maximum sentence of two years in prison, a maximum fine of RM5,000, or both. Additionally, violators may not be able to register as voters, be named as electors, or cast ballots in any elections until five years have passed after their conviction.

 

What if election day is declared a public holiday?

The employer may decide not to celebrate the public holiday if the polling day is designated as a holiday under the Holidays Act of 1951. They may instead award the employee "any other day as a paid public holiday" in its place.

However, even if the company does not observe the public holiday, they still have to give their staff members sufficient time to cast a ballot on election day.

 

Visit the HR Library to acquire all relevant HR resources.
Contact here for more information on hiring employees.