Elections on 13 October 2024: can your employee be absent from work to vote?

The municipal and provincial elections will take place on Sunday 13 October 2024.

Voting in these elections is compulsory, except in Flanders.

Are employees who work on that day exempt from voting?

If they are absent from work to vote, are they entitled to their remuneration for the time not worked?

A brief recap of the rules.

Time required to fulfil the electoral duty

You are obliged to provide your employee with the necessary time to fulfil his electoral duties if his work schedule requires him to work during the opening hours of the polling station on Sunday 13 October 2024.

On the other hand, if your employee has the possibility to vote before or after his working hours, he cannot be absent from work.

Unpaid absence

The time during which your employee is absent from work to fulfil his electoral duties is considered as an unpaid absence because he is "automatically" eligible to vote by proxy.

Indeed, voters who are unable to go to a polling station for professional reasons can give a proxy to another voter.

Proxy form

If your employee chooses to vote by proxy for professional reasons, he must use the ad hoc form to appoint a proxy. This form is available on the website of the regional authorities:

• Brussels-Capital Region
• Flemish Region
• Walloon Region
• German-speaking Community

Moreover, as an employer, you must either complete a part of the form or provide supporting documents.

Practical advice

If your company is not closed for business on Sunday 13 October 2024, we advise you to inform your employees of the following points beforehand:

• the possibility of voting by proxy;
• the hours of absence to vote will not be paid;
• (if applicable) the employee must submit a request prior to his absence (for reasons of work organisation) if he chooses to go to the polling station in person during his working hours;
• (if applicable) this absence must be planned by mutual agreement between the employer and the employee (also for reasons of work organisation);
• there is no possibility of absence if the employee can vote before or after working hours.

Source: art. 20, 5° and art. 27, §1st, 3° of the law of 3d July 1978 on employment contracts.