Pursuant to the provisions of both Article 5 and Article 36 of the Political Constitution of the United Mexican States, it is provided that one of the obligations of Mexican citizens is to perform the electoral duties assigned, in this case, by the National Electoral Institute. Therefore, being an electoral officer translates into a constitutional mandate.
In view of this, doubts have arisen among employers as to the possibility or, as the case may be, the obligation (if any) of granting leave to their employees who were elected as poll workers or as representatives of political parties to be absent from work during Election Day, or if the employer has the right to deduct the day for this absence.
To this end, it is important to remember that the Federal Labor Law clearly establishes that it is the employer’s obligation to give its workers the necessary time to vote in popular elections, as well as to perform electoral and census services, when these activities must be carried out within their working hours. This provision is regulated in Section IX of Article 132.
Now, it should be added that in accordance with the provisions of Section IX of Article 74 of the Labor Law, a non-working day is considered to be that day determined by local or federal law for the holding of the electoral contest.
Therefore, and in conclusion, those workers elected as polling place officials or party representatives cannot be forced to report to work on Election Day. It is mandatory for the employer to grant such leave with pay, without deduction of salary. Therefore, we urge employers to take these provisions into consideration and adjust their activity calendars according to the workers who will render their services during the June 2 election day.
In case you have any questions or require support, the Vega, Guerrero & Asociados labor team is at your disposal to provide the corresponding advice.
