The long lines at the polling stations during Tuesday’s general elections, which averaged from two and a half hours to four hours, have raised questions about who will pay for that additional time to that allowed by law 58 “Electoral Code 2020”. -which obliges the employer to pay up to two hours- as long as the employee’s schedule coincides with the voting time, which on this occasion was from 9:00 am to 5:00 pm
In an interview with EL VOCERO, the Secretary of the Department of Labor, Carlos J. Rivera Santiago, clarified that by law the employer is obliged to pay only two hours, so that the excess of that time in which the employee has incurred will be in charge of any of your leave, such as vacation or illness. “Unless there is an agreement between employer and employee, the law is clear. You only have to pay for two hours. All the additional time is charged a license that is stipulated by the employer ”.
He also clarified, that contrary to other years, this year it was at the discretion of the employer whether to open or close its operations, for which it was recommended, to those who chose to operate, that they make a staggered voting program so that the tasks are not affected. He added that if the employee’s departure time was before 5:00 pm, the employer was not obliged to honor the two hours. “This changes only if the employee, for example, leaves at 4:00 p.m., but has to vote in Manatí, but works in San Juan, which then would have to make an adjustment in the schedule and honor that time.”
Rivera Santiago also clarified that in those unionized work centers there could be different agreements regarding the process, which could stipulate from the day off for all personnel as some different stipulation in the schedules.