The Election Commission has declared that the Pengkalan Kubor By-Election will be held on 25th September 2014 (“polling day”) which falls on a Thursday. The State Government of Kelantan has declared polling day as a public holiday under s.9 of the Holidays Act 1951. 
 
This means that employers in Kelantan who observe ALL gazetted public holidays will have to observe polling day as one of the recognized holidays. Employers who observe only specified holidays and not all gazetted public holidays are under no statutory obligation to observe polling days as a public holiday. However, since the State Government has declared it as a holiday for the election and since there is a statutory requirement under the Election Offences Act 1954 for employees to be given time off to vote, it might be preferable for you to consider declaring it as a holiday. It is also possible that the State Government might not view it favorably if you do not recognize the public holiday that it has declared for the election.
 
For employers who are not observing polling day as a public holiday, we suggest for time-off to be given in accordance to S.25 of the Election Offences Act 1954 which provides as follows :-
 
“(1) Every employer shall, on polling day allow to every elector in his employ a reasonable period for voting, and no employer shall make any deductions from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period.
 
(3) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ, of a reasonable period for voting, as in this section provided, shall on summary conviction be liable to a fine of five hundred ringgit or imprisonment for six months.”
 
All members are advised to comply with the above by allowing a reasonable period of time off to their employees who are registered voters to cast their vote. As polling booths open from 8am and remain open till 5.30pm, there is no need for shift workers to be given time off. In the case of non shift workers registered voters, it is suggested that they be permitted to either come late, at say 10 am, or be allowed to leave early at say, 4.30pm. Alternatively, they may be given an extended lunch break. 
 
For employees who claim to be registered as voters outstation, our advice is for the Company to grant ‘unrecorded leave’ in the spirit of S.25 of the Election Offences Act 1954. However, there is no statutory requirement to grant ‘unrecorded leave ‘to those employees who claim to be party supporters or who are assisting in the election. In such cases, they may be required to take annual leave.
 
Should you require further clarification, please do not hesitate to contact us. 
 
Thank you.
 
Yours Sincerely,
 
 
Ms. Natalie Chong
Legal Adviser
Category: 
Circular
Public: 
No