Employers Directed to Release Staff on Election Public Holiday

Posted 03 November 2026 Written by Acts Online
Category Labour

Brought to you by SAnews: The Minister of Employment and Labour has issued a formal call for employers to release workers to exercise their constitutional right to vote on Wednesday, 4 November, following the presidential proclamation declaring the election day a public holiday.

Under section 2A of the Public Holidays Act, No. 36 of 1994, the President declared Wednesday, 4 November, a national public holiday to coincide with the Local Government Elections. The right of all adult citizens to vote in democratic elections is entrenched under section 19(3)(a) of the Constitution of the Republic of South Africa, 1996.

The Department of Employment and Labour stressed that workplace operating hours and staffing rosters must accommodate the statutory public holiday and allow workers sufficient time to access voting stations. Where operational requirements demand that staff work on a declared public holiday, provisions must align with labour statutes:

  • Basic Conditions of Employment Act, No. 75 of 1997 (BCEA): Section 18 stipulates that an employer may not require an employee to work on a public holiday except in accordance with an agreement. If an employee agrees to work on a public holiday, the employer must compensate them at least double the employee’s ordinary wage or, if greater, the ordinary day’s wage plus the amount earned for the time worked.
  • Shift planning and engagement: Employers and employees are directed to engage proactively on shift scheduling to ensure adequate voting windows are provided without prejudice to basic pay.
  • Social dialogue: The department confirmed it is engaging through NEDLAC partners to monitor workplace compliance and facilitate uninterrupted constitutional participation.

What this means for you, your business, or your clients

  • For yourself: Exercise your statutory right to time off on Wednesday, 4 November, or ensure your remuneration reflects mandatory public holiday rates under section 18 of the BCEA if contracted to work.
  • For your business: Update payroll parameters to apply public holiday overtime rates for staff working on 4 November, and establish clear shift adjustments or temporary leave releases to permit staff rostered on duty to cast ballots.
  • For your clients: Advise corporate and employer clients that unilateral refusal to release employees to vote risks disputes under the BCEA and potential constitutional challenges, and ensure their employment agreements for essential shift work on public holidays are documented in writing.

Originally published at https://www.sanews.gov.za/south-africa/employers-urged-release-employees-participate-elections

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