During election periods in Brazil, employees may be called by the Electoral Court to work as poll workers, participate in electoral boards, provide logistical support, or perform other auxiliary election-related activities.
When this happens, employers need to understand the employee’s rights and properly manage the corresponding days off.
How many days off is the employee entitled to?
For each day the employee is called to serve and actually participates in election-related activities, the employee is entitled to two days off from their regular job.
These days off must be granted without any reduction in the employee’s salary, compensation, or other employment-related benefits.
In other words, the company should not deduct these days from the employee’s salary or treat them as ordinary absences.
Does electoral training also count?
Yes.
Completing the training required by the Electoral Court is also considered one day of electoral service for this purpose.
Therefore, the total number of days off may include not only the days on which the employee actually worked during the elections but also the required training.
A practical example
Imagine an employee who:
- completed the training required by the Electoral Court;
- worked in the first round of the elections; and
- also worked in the second round.
In this situation, three days are considered:
1 training day + 2 election working days = 3 days.
Since each qualifying day entitles the employee to two days off:
3 days × 2 = 6 days off.
Therefore, the employee may accumulate a total of six days off.
How should the employee prove their participation?
The employee must provide proof of participation through the Declaration of Electoral Service (Declaração de Trabalhos Eleitorais – DTE) issued by the Electoral Court.
Companies should keep the appropriate documentation on file to support the granting of these days off.
Can the employee decide when to take the days off?
No.
The right to time off does not mean that the employee can simply choose any day and be absent from work without prior coordination with the employer.
The Brazilian Superior Electoral Court (TSE) advises that the dates on which these days off will be taken should be agreed upon between the employee and the employer.
Companies should therefore plan in advance with their HR or payroll departments.
Employees, in turn, should keep the declaration issued by the Electoral Court and coordinate with their employer regarding when the days off will be taken.
What should companies do?
When an employee informs the company that they have been called to work in the elections, the company should:
- verify the documentation provided by the employee;
- identify the days on which the employee was called and actually participated;
- consider any required Electoral Court training;
- correctly calculate the corresponding days off;
- avoid improper salary deductions;
- agree with the employee on when the days off will be taken; and
- properly retain the supporting documentation.
Understanding and correctly applying these rules can help prevent improper salary deductions, labor disputes, and other problems for the company.
Count on ORGATEC
ORGATEC can assist your company with this and other matters related to labor, accounting, tax, and business operations in Brazil.
ORGATEC specializes in providing services to Japanese companies in Brazil, helping them navigate the particularities of the Brazilian business environment and their local operations.