Workers' rights to free hours on election day

Article 39 Electoral Ordinance 

Voting starts at 8:00 a.m. and ends at 7:00 p.m.

Article 40 Electoral Ordinance:

1. As stated in Article 39, all employers must give their employees at least four consecutive hours off to cast their vote unless the employee has hours off for any other reason;
2. The employer is required to notify employees at least 1 week in advance, of the time frame they will have time off to vote.

Interpretation

The essence of Article 40 (1) of the Electoral Ordinance is that the employer must give the employees in the organization the right to vote on Friday, December 6, 2024, and be given four consecutive hours during the voting period from 8:00 a.m. to 7:00 p.m. to cast their votes. Every voter is entitled to sufficient time to cast their ballot.

Exception

Employees who already have 4 hours off on voting day, such as those who work 4 hours a day or work shifts early in the morning or late at night (before or after voting hours), are not eligible for the 4 hours off.

Examples:

• Those who work between 7:30 a.m. - 12:00 p.m. and 1:00 p.m. - 4:30 p.m. are entitled to, either from 7:30 a.m. - 12:00 p.m. or from 1:00 p.m. - 4:30 p.m. to vote.
• Part-time workers who work only from 8:00 a.m. to 12:00 p.m. are not eligible for the 4 hours off.
• Also, those who work shifts from 7:00 a.m. to 3:00 p.m. are not eligible for the four free hours. Voters who work from 12:00 p.m. to 8:00 p.m. or from 3:00 p.m. to 11:00 a.m. are also not entitled.

In addition to the employer's obligation to allow their employees, who have the right to vote, the time off to exercise their right to vote, article 628 §4 and §5 of the Civil Code of Aruba, stipulates that the worker maintains his right to wages for hours granted by law to exercise this right.

The Department of Labor and Research urges employees and employers to comply with these laws.