By Donovan C. Walker, Michelle T. Shand & Georgette T. Crooks, ContributorsJAMAICA once again braces itself for another general election with campaigning now in full flight and the supporting cast of pundits and pollsters whipped into a feeding frenzy of predictions and analysis. Many tongues are wagging in eager expectation of elections being called shortly with many predicting a September date for election day. The Electoral Office of Jamaica (EOJ) reports that approximately 1,300,000 persons are registered to vote and the voters list is ready. In the 1997 general elections 65 per cent of registered voters cast their vote. It is a fair assumption that many if not most persons on the voters list are employed. Many employers are not clear as to their obligations, rights and duties to their employees on election day. Conversely, many employees do not understand the fact that election day is not a day off work or a public holiday and employers have a right to expect their services on election day. Some questions often asked by employers and employees alike include:
1) Is the employee entitled to a day off on election day and if not the whole election day then how much time is the employee allowed away from work to vote?
Election day is not a public holiday nor is an employee entitled to take the entire day off work.
The Representation of the People Act ("the Act") empowers the relevant Minister to make regulations in relation to the Act including "...prescribing the period during which every employer shall permit his employees to be absent from work for the purposes of recording their votes..."
Under the regulations employees are presently allowed three hours absence from work to cast their votes ("the prescribed time"). This prescribed time excludes the "normal meal hour". It is to be noted that the regulations do not apply to employees whose work on election day commences on or after 10:00 a.m. or concludes before or at 2:00 p.m.
The prescribed time can be fraught with practical difficulties as some employees may work far distances from their polling station and are unable to complete voting in the prescribed time. In those cases employers may elect to exercise their discretion and give their employees additional time to vote.
2) Are employees to be paid for time taken off work to vote on election day?
While the Act or the regulations do not expressly provide for this issue it is reasonable to assume that employees are entitled to be paid for the prescribed time off work. No salary should therefore be deducted for absence during the prescribed time. However, for periods of absence beyond the prescribed time, employers may (in their discretion) deduct salary apportioned for such periods of absence.
3) Can the employer stagger their employees time off work on election day ?
Yes, employers can arrange the work day and stagger their employees absence so as to ensure that business operations continue. For example, some employees may be given the prescribed time off in the morning to vote and others the prescribed time in the afternoon. This may allow the employer reduced business interruption during election day. 4) Are there special voting times and dates for essential service workers (eg:- police and military personnel)?
Yes there are. The Act contains special provisions for military and police personnel. To ensure that law and order are maintained on election day, all security forces vote prior to election day so as to ensure that they are available for duty on election day. Military and police personnel cast their votes at least 3 days before election day. Hopefully, on election day, employers will respect their employees rights to vote and allow them sufficient time to attend and vote. Also, employees must remember that election day is not a holiday and after or before they have cast their vote (depending on when they vote) they are to attend to the duties of their employment. Further information regarding the duties of employers and employees on election day can be obtained from either the Electoral Office of Jamaica, the Jamaica Information Service or the Ministry of Labour.
Donovan C. Walker is an Attorney-at-Law and a Partner in the firm DunnCox. Michelle T. Shand and Georgette T. Crooks are both students at the Norman Manley Law School who are doing their in-service training at Dunn-Cox. They all can be contacted at donovan.walker@dunncox.com.
