Anyone who needs to work on the day of the second round of the election, scheduled for this Sunday (30) throughout Brazil, has the right to leave the company to vote or to justify the vote without this having an impact on their salary.
The determination is from the Electoral Code, which obliges employers to release their employees long enough so that they can attend polling stations if they are unable to vote before or after their working hours.
Across the country, polling stations will be open this Sunday from 8 am to 5 pm Brasília time.
Election day has not been considered a national holiday since 2002, when a law revoking the measure was enacted.
Professionals in categories considered essential can work on Sundays and holidays, as in the case of the health, hospitality, industry, commerce, transport, energy and funeral sectors, for example.
If the working hours coincide with the voting period, the professional has the right to leave the company, as provided by law.
“The company must allow the employee to be absent for a sufficient period of time to exercise the vote, including the round trip time”, says Bianca de Andrade, coordinator of the labor relations area at the Andrade Silva Advogados office.
That is, it is not necessary to grant the entire day off, but just enough time for the employee to be able to fulfill his electoral obligation.
“The company can negotiate with the employee the best time for his absence”, says Dhiancarlo Felipe Soares Vidal, a lawyer specializing in labor law at FFA Advogados. The guideline is that companies set up scales so that workers can vote.
Also according to experts, the period in which the employee is out of work to attend the polling place cannot be deducted from the salary.
If the employee works in a city other than the polling place, he is entitled to take time off work in order to be able to attend his polling place. However, absence needs to be agreed with the employer in advance.
“In this situation, it is always recommended that the employee informs the employer in advance about his absence, so that he can reorganize the day’s schedule and not compromise the execution of the company’s activities”, says Bianca.
MPT works on election day to follow up on complaints
All MPT (Ministry of Labor) units will work on the second shift weekend. According to the agency, the objective is to ensure that Brazilian workers from all regions of the country freely exercise their right to vote in the second round of elections.
On Saturday and Sunday it will be open from 8 am to 5 pm (Brasilia time).
The service was provided for in ordinance 1.666/2022, signed last Tuesday (25) by the Attorney General of Labour, José de Lima Ramos Pereira, with the aim of allowing a quick and effective response by the MPT in the face of the explosive increase in complaints. the practice of electoral harassment in the workplace.
WHERE TO REPORT ELECTORAL HARASSMENT:
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