Permission to exercise the right to vote in Presidential Elections without salary reduction

On February 6, 2022, the Presidential Election will be held. Any employee who must work that day may go to the polls to exercise the right to vote.

Our Labor Code sets forth the obligation of an employer to grant employees the time necessary to appear before their electoral domicile and cast a vote without deduction in pay for the time it takes.

Such obligation may depend on the logistics and conditions that each company wishes to implement since there is no specific time to vote. Therefore, an employer may set a reasonable period to guarantee that an employee can exercise the voting right.

Under the Electoral Code, any employer who hinders the exercise of an employee’s right to vote breaches the obligation established by the Labor Code and is therefore subject to a fine of 2 to 5 base salaries.

We highly recommend coordinating with employees who must work on February 6, the time at which they have permission to vote, considering the location of the company and the place where each employee is registered in order not to limit an individual’s voting right and put the company at risk of being fined.