16/10/2026
𝐒𝐀 𝐄𝐥𝐞𝐜𝐭𝐢𝐨𝐧 𝐃𝐚𝐲 𝟐𝟎𝟐𝟔: 𝐖𝐡𝐚𝐭 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐫𝐬 & 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬 𝐍𝐞𝐞𝐝 𝐭𝐨 𝐊𝐧𝐨𝐰.
With 4 November 2026 (election day) being set as a public holiday clarity is needed as to what employers may expect from their employees and likewise what employees may expect from their employers.
𝐖𝐨𝐮𝐥𝐝 𝟒 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 𝐚𝐬 𝐚 𝐩𝐮𝐛𝐥𝐢𝐜 𝐡𝐨𝐥𝐢𝐝𝐚𝐲 𝐛𝐞 𝐭𝐫𝐞𝐚𝐭𝐞𝐝 𝐚𝐧𝐲 𝐝𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭𝐥𝐲 𝐭𝐨 𝐚𝐧𝐲 𝐨𝐭𝐡𝐞𝐫 𝐩𝐮𝐛𝐥𝐢𝐜 𝐡𝐨𝐥𝐢𝐝𝐚𝐲 𝐨𝐧 𝐭𝐡𝐞 𝐜𝐚𝐥𝐞𝐧𝐝𝐚𝐫?
Not at all – the Basic Conditions of Employment Act (BCEA) would be applicable, and payment would be in terms of the BCEA or the employee’s individual contract of employment. No pay in addition to that would be owing, should an employee work on election day.
𝐈𝐬 𝐚 𝐂𝐨𝐦𝐩𝐚𝐧𝐲 𝐨𝐛𝐥𝐢𝐠𝐞𝐝 𝐭𝐨 𝐠𝐢𝐯𝐞 𝐚𝐧 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐥𝐞𝐚𝐯𝐞 𝐭𝐨 𝐯𝐨𝐭𝐞?
This depends on whether the employee would ordinarily work on a public holiday and has contracted to work on a public holiday. If the answer is yes, then the Company is not obliged to grant leave to the employee if operationally employees are required at work. For example, retail stores or even factories which require 24-hour operations. If a Company does not ordinarily operate on a public holiday or has not contracted with its employees to work on a public holiday, then the Company cannot force the employee to work.
𝐈𝐟 𝐭𝐡𝐞 𝐂𝐨𝐦𝐩𝐚𝐧𝐲 𝐢𝐬 𝐧𝐨𝐭 𝐨𝐛𝐥𝐢𝐠𝐞𝐝 𝐭𝐨 𝐠𝐫𝐚𝐧𝐭 𝐥𝐞𝐚𝐯𝐞, 𝐡𝐨𝐰 𝐰𝐨𝐮𝐥𝐝 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬 𝐛𝐞 𝐚𝐛𝐥𝐞 𝐭𝐨 𝐞𝐱𝐞𝐫𝐜𝐢𝐬𝐞 𝐭𝐡𝐞𝐢𝐫 𝐝𝐞𝐦𝐨𝐜𝐫𝐚𝐭𝐢𝐜 𝐫𝐢𝐠𝐡𝐭 𝐭𝐨 𝐯𝐨𝐭𝐞?
Whilst leave does not need to be granted, it would be remiss of an employer not to discuss the operational needs and manning requirements with employees leading up to voting day.
This will ensure that employees who wish to vote are able to do so.
Additional shifts could be introduced to allow for shortened working hours so that the employees would be able to vote either before or after their shift starts or ends.
If leave cannot be granted for the day, the employee could vote after work as the polling stations only close at 21h00. Employers must however be mindful of employees who need to travel to their registered voting station and allow some flexibility where they are able to do so.
𝐖𝐨𝐮𝐥𝐝 𝐚𝐧 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐛𝐞 𝐀𝐖𝐎𝐋 𝐢𝐟 𝐡𝐞/𝐬𝐡𝐞 𝐰𝐚𝐬 𝐬𝐜𝐡𝐞𝐝𝐮𝐥𝐞𝐝 𝐭𝐨 𝐰𝐨𝐫𝐤 𝐚𝐧𝐝 𝐝𝐢𝐝 𝐧𝐨𝐭 𝐚𝐫𝐫𝐢𝐯𝐞?
Yes, the normal rules of business does not change. Flexibility is required, however if the employee says he will be at work and does not arrive, he may be disciplined for AWOL.
𝐖𝐡𝐚𝐭 𝐢𝐟 𝐭𝐡𝐞 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐬𝐚𝐲𝐬 𝐭𝐡𝐚𝐭 𝐡𝐞/𝐬𝐡𝐞 𝐰𝐚𝐬 𝐬𝐭𝐮𝐜𝐤 𝐢𝐧 𝐭𝐡𝐞 𝐯𝐨𝐭𝐢𝐧𝐠 𝐪𝐮𝐞𝐮𝐞 𝐚𝐧𝐝 𝐭𝐡𝐞𝐫𝐞𝐟𝐨𝐫𝐞 𝐜𝐨𝐮𝐥𝐝𝐧’𝐭 𝐦𝐚𝐤𝐞 𝐢𝐭 𝐭𝐨 𝐰𝐨𝐫𝐤? 𝐌𝐚𝐲 𝐚𝐧 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐝𝐢𝐬𝐜𝐢𝐩𝐥𝐢𝐧𝐞 𝐢𝐧 𝐬𝐮𝐜𝐡 𝐜𝐢𝐫𝐜𝐮𝐦𝐬𝐭𝐚𝐧𝐜𝐞𝐬?
Again, a measure of flexibility on election day is required as this may well occur. However, if the employee does not phone his employer to alert him to the situation, and at least provide evidence, he/she may be disciplined.
Same goes for an employee who arranges not to work as he wishes to vote and then does not vote. It is important to remember, this is not a day off to relax. It has been declared a public holiday to allow South Africans to vote. If an employee elects not to exercise his/her democratic vote, which is also an entitlement, then he/she should be at work.
For professional labour law advice, contact Tracey Mouton on 041 5019800 / [email protected]
