GE15: The Do’s and Don’ts for Employers

As the 15th General Election (GE15) draws near, most employees are preparing to vote. Many of them are returning to their hometowns to cast their ballots. 

Here are some do's and don'ts for employers to follow throughout this election season:

 

DO provide enough time for employees to go vote.

Datuk Seri M. Saravanan, the caretaker human resources minister, said that employers should talk with their workers about the choice of allowing time off or leave to enable them to exercise their rights. 

According to him, the Election Offence Act of 1954's subsection 25(1) binds employers to do so.

The subsection says the following:

"Every employer shall, on polling day, allow to every elector in his employ a reasonable period for voting, and no employer shall make any deduction from the payor other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period."

The minister also said employers could provide enough time off to workers whose polling stations were near their workplace. According to him, employers can also give employees a day off if they have to vote in areas far from their workplace. 

He suggested that workers who need over one day to travel to cast their votes can take annual leave.

 

DO NOT deduct employees' wages for being absent from work to go vote.

Saravanan said private-sector employers do not have the authority to impose penalties or deduct employees' salaries for being absent from work to cast their ballots. 

The Election Offences Act of 1954 states that employers who refuse to provide a reasonable amount of time for voting or interfere with it via intimidation, undue influence or other methods are subject to an RM5,000 fine or one year in prison if convicted.

Moreover, stopping voters from casting their ballots during an election is illegal. Any person found guilty of doing this could face a maximum fine of RM5,000, a maximum sentence of two years in jail, or both.

Those who violated the law can only register as voters, be named as electors, or cast their ballots in any elections after five years have passed following their conviction.

 

DO be aware if the polling day is declared a public holiday

Recently, Selangor, Negeri Sembilan and Penang announced November 18, the eve of election day for GE15, as a public holiday. 

Suppose the election day is declared a public holiday under the Holidays Act 1951. In that case, employers can decide not to observe it and grant employees "any other day as a paid public holiday" in place of it.

 

DO know that the recommended voting times are just suggestions.

When voters check their registration via MySPR Semak, they may see the recommended voting times given by the Election Commission (EC). Please note that they are just suggestions and not absolute. 

Lanang and Sibu incumbents Alice Lau and Oscar Ling said they had gotten calls from voters voicing concerns about the issue. They stated that the EC implemented the suggested time previously during the MCO to stop crowding and curb the spread of Covid-19.

Journalist Hadi Azmi said that the recommended voting times are for crowd control as there are six million more voters across the country this time around.

The EC used the suggested voting times feature in a few state elections. The time provided is only a suggestion according to the voter's registration number. If the voter comes earlier or later than the recommended time, it may cause them to stand longer in line.

This issue became widespread after an extra column titled "Encouraged time to vote" is among the details voters will see when checking their registration for the GE15.

It confused netizens; some thought the EC would only allow them to cast their ballots during the recommended time. 

 

DO be aware of the voting hours.

The EC has extended the voting hours for GE15 now that the voter pool has grown significantly, allowing all Malaysians aged 18 and above to vote.

The voting hours' extension was among several changes the EC made to smoothen the polling process and improve efficiency.

There will be an extra hour in the voting time. For Peninsular Malaysia, the voting time will be 8 am to 6 pm, while in Sabah and Sarawak, the voting time will be 7.30 am to 5. 30 pm.

 

DO be aware that 18-year-olds can now vote.

On December 15 2021, the amendment to lower the minimum voting age to 18 took effect. 

Section 3 of the Constitution (Amendment) Act 2019 stated the amendment had set the minimum voting age at 18.

 

DO know that you no longer need to register to vote manually 

Before the implementation of Undi 18, voters had to register manually via the MySPR Daftar portal. 

But now, Malaysians who are 18 and above will automatically register as voters.

 

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