Elections on 9 June 2024: can your employee be absent from work to vote?

On Sunday 9 June 2024, elections will be held for the European Parliament, the House of Representatives and the Regional and Community Parliaments.

Employees who work on this day are not, however, exempt from voting, as voting is compulsory in Belgium.

Can these employees be absent from work and, if so, are they entitled to pay for the hours 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 9 June 2024.

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

Unpaid absence

If your employee is absent from work to fulfil his electoral duties, this is an unpaid absence because he is "automatically" eligible to vote by proxy.

Under the Electoral Code, voters who are unable to attend a polling station for professional reasons can give a proxy to any other 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.

As the employer, you must also complete part "II. Reason and justification for absence from the vote" of this form.

Practical advice

If your company is not closed for business on 9 Sunday June 2024, you are advised to inform your employees of the following points beforehand:

• there is a possibility to vote by proxy (fill in form);
• the hours of absence to vote will not be paid;
• (if applicable) the employee must submit a prior absence request (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.

Sources: art. 20, 5° and art. 27, §1, 3° of the law of 3 July 1978 on employment contracts; art. 147bis of the Electoral Code.