Elections and the right to vote during working hours

An employer must ensure that every employee can vote. If an employee can vote outside working hours or by proxy, there is no problem. If that is truly impossible, the employee may take short emergency leave or other short absence with pay — which the employer may not refuse upon a reasonable request. The leave must be short and fair and solely for the purpose of voting itself.

Around elections, both employers and employees have questions, for example about voting during working hours. We outline the rules.

The employer must enable voting

According to the Electoral Act, the employer must ensure that every employee can cast their vote. If the employee can vote outside working hours or give a proxy, there is no problem. If this is not possible, the employer must enable the employee to do so. An employer who fails to do so risks even a fine or imprisonment: the right to vote is taken very seriously in the Netherlands.

Emergency leave or short-term absence leave as a solution

If an employee is genuinely unable to vote outside working hours, they may take emergency leave or other short-term absence leave for this purpose. The employer may not refuse a reasonable request. Whether a request is reasonable depends on the situation. Please note: this right applies only to *go* to vote — not, for example, to staff a polling station.

Wages, duration and proof afterwards

During this leave, the employee retains the right to salary; only the reimbursement of expenses may be discontinued. The leave has no fixed duration but must be short and fair — take longer waiting lists into account if necessary.

Afterwards, the employer may request proof that the leave was necessary, for example, that the employee actually went to vote. If the employee cannot demonstrate the necessity, the leave may be deducted from vacation hours. The employer is not obliged to accept an appeal to the scheme solely to vote at a quiet moment.

Pay attention to deviating agreements in the collective labor agreement or via the Works Council

A collective labor agreement may deviate from the WAZO rules regarding emergency leave. If nothing is stipulated in the agreement, deviating arrangements may also be made at the level of the Works Council, for example regarding the continued payment of wages or expenses. Valid deviating arrangements must be respected.

Frequently Asked Questions

Is an employee allowed to vote during working hours?

Only if he cannot vote outside working hours or by proxy. In that case, the employer must enable him to do so, possibly by means of short-term absence leave.

Is the employee entitled to wages while voting?

Yes. During emergency leave or short-term absence to vote, the employee retains their salary; only expense allowances may be discontinued.

Am I allowed to request proof as an employer?

Yes, afterwards you may ask for proof that the leave was necessary. If the employee cannot do so, you may deduct the leave from the vacation hours.

Questions about leave and employment law?

Are you unsure about leave requests or continued payment? The employment lawyers at MKB Juristen advise you and your company. View our expertise in employment law or schedule a free intake consultation .