Election Day Holiday and Leave Rights in the Philippines A comprehensive legal article (updated to 28 May 2025)
1. Overview
Election-day time-off is not merely a matter of courtesy; it is a convergence of (a) the constitutional guarantee of suffrage, (b) presidential power to declare holidays, and (c) labor standards that protect wage security when work must continue. This article gathers and systematizes all primary Philippine legal sources—Constitution, statutes, proclamations, regulations, and jurisprudence—and distills the rules that now govern (i) holiday classification and pay, (ii) mandatory voting leave, (iii) special rules for teachers, government personnel, seafarers and overseas voters, and (iv) employer compliance and liability.
2. Constitutional and Statutory Foundations
| Instrument | Key Provision | Practical Effect |
|---|---|---|
| 1987 Constitution, Art. V §1 | Suffrage is a right of all qualified citizens. | The State must remove obstacles, incl. work schedules, that impede voting. |
| Administrative Code of 1987, Book III, Chap. 7, §27(25) | The President may proclaim special or regular holidays. | Enables every election day to be declared a holiday without further congressional action. |
| Omnibus Election Code (B.P. 881) | - §26: Employers must allow employees a reasonable time on election day to vote. - §261(i): It is an election offense to dismiss or penalize an employee for voting or for voting preferences. |
Time off to vote is mandatory—even if the day is not declared a holiday. Violation is criminal, punishable by 1–6 years’ imprisonment; no probation. |
| R.A. 7166 (Synchronized National & Local Elections, 1991) | §28: Teachers and other personnel who render election service are entitled to honoraria and leave credits. | Became the template for later teacher-specific rules. |
| R.A. 10756 (Election Service Reform Act, 2015) | Teachers’ participation is now voluntary; those who serve get honoraria, travel allowance, and 5-day service credit. | Establishes paid leave post-election for teachers. |
| Labor Code, Art. 94 and Omnibus Rules, Book III, Rule IV | Define holiday pay and rates; enforced by DOLE. | Apply once the President classifies election day as a holiday. |
| R.A. 9189 (as amended by R.A. 10590) | Overseas Absentee Voting (OAV) Act. | Requires manning agencies and foreign employers to grant overseas Filipinos “sufficient opportunity and facilities” to vote (in practice: paid or unpaid leave, flexible hours, or shore leave for seafarers). |
3. How Election Day Becomes a Holiday
Presidential Proclamation Every national or barangay/SK election since 1986 has been declared a holiday. Examples:
- Procl. No. 1357 (27 Apr 2022) – 9 May 2022 National and Local Elections (special non-working).
- Procl. No. 359 (9 Oct 2023) – 30 Oct 2023 Barangay & SK Elections (special non-working).
Classification
- Special (non-working) holiday is the consistent classification.
- A future president may upgrade it to a regular holiday (only 1898, 1946 and 1986 plebiscites were so treated), but unless the proclamation says “regular,” treat it as special.
4. Private-Sector Holiday Pay Rules
| Scenario | Daily-wage Entitlement (Art. 94 & DOLE Advisories) |
|---|---|
| Did not work | No work, no pay (unless company, CBA or practice says otherwise). |
| Worked on the special holiday | 100 % basic daily wage + 30 % premium = 130 %. |
| Worked & day also his/her rest day | 100 % + 50 % premium = 150 %. |
| Overtime (beyond 8 h) on the special holiday | Hourly rate × 130 % × 30 % OT premium. |
Tip: There is no “special holiday pay” for employees paid fixed monthly rates that already factor in special days (e.g., Government’s No-Work-No-Pay plus prorated benefits scheme does not apply).
5. Mandatory Time-Off to Vote (Even Where Work Continues)
| Rule | Coverage | Duration | Pay |
|---|---|---|---|
| §26, Omnibus Election Code | All employers; all workers (rank-and-file or managerial). | “Reasonable time” – traditionally at least 3 consecutive hours within voting hours (6 a.m. – 7 p.m.). | Treated as worked hours (no deduction). |
| Industries Requiring Continuous Operation (e.g., BPO, hospitals) | Allowed to operate, but shift heads must stagger voting leave. | Same minimum 3 hours. | Same pay rule. |
| Penalties for refusal | Criminal election offense; also an illegal deduction or wage underpayment enforceable by DOLE. |
6. Government Sector Rules
| Instrument | Provision | Effect |
|---|---|---|
| CSC MC No. 6-2002 (still cited) | Heads of office flexible working hours on election day; those assigned as poll watchers/assistants may take special leave. | Paid leave; recorded as “excused absence.” |
| R.A. 10756 & DepEd Orders | 5-day compensatory service credit for election service. | Teachers may schedule credits anytime within the school year. |
7. Teachers, Electoral Boards, and Support Staff
| Benefit | Statutory Basis | Amount / Duration (2025 rates*) |
|---|---|---|
| Honoraria | R.A. 10756 §4 | ₱10,000 – ₱7,000 depending on position (Chairperson to Support Staff). |
| Travel Allowance | §5 | ₱2,000 flat. |
| Service Credits / Special Leave | §9 | 5 working days. |
| Death/Medical Assistance | §8 | ₱500,000 death; ₱200,000 medical. |
COMELEC resolution usually indexes these figures to CPI; amounts shown are the 2025 approved schedule.
8. Overseas, Maritime and Field-based Workers
- OAV Act obliges employers to facilitate voting, e.g. scheduling shore leave, granting unpaid leave, or reimbursing travel to embassies, without retaliatory action.
- Maritime Rule-of-Thumb: grant at least 4 hours “rest period” that does not count against the maritime 10-hour daily rest requirement under ILO MLC, 2006.
- Field-based employees (sales agents, journalists) must receive flexible voting hour instructions and travel expense reimbursement where necessary.
9. Anti-Retaliation & Election Offenses
| Prohibited Act | Source | Penalty |
|---|---|---|
| Dismissal, salary reduction, demotion for voting or for political choice | Omnibus Election Code §261(i) | 1-6 yrs, disqualification from public office, deprivation of suffrage. |
| Obstructing or refusing 3-hour voting leave | OEC §26 & §261 | Same criminal penalty; also DOLE fines for wage denial. |
| Threats or promises of employment benefit to influence vote | §261(b) & (e) | Same. |
10. Employer Compliance Checklist (Private Sector)
| Item | Action |
|---|---|
| Policy Notice | Issue a memo at least 1 week before election: (a) confirm holiday classification, (b) state pay treatment, (c) outline procedure to avail of 3-hour voting time. |
| Shift Plan | For 24/7 ops, plot staggered voting windows; ensure no one is on duty > 8 h without voting break. |
| Payroll | Configure system for 30 % premium (or 50 % if rest day). |
| Recordkeeping | Keep log of employees’ actual voting time (not the ballot choice); store for 5 yrs per DOLE. |
| Election Service Staff | If company employees volunteer as BEI/EB members, treat days served as official leave with pay; credit days in accordance with R.A. 10756 (private sector may analogously grant 5-day paid leave as good practice). |
11. Frequently Asked Questions
- Q: Is a “no work, no pay” policy lawful on election day? A: Yes—if the proclamation says “special (non-working) holiday.” Art. 94 applies only to regular holidays.
- Q: May we require proof of voting? A: Yes—ask employees who took the 3-hour leave to show indelible ink or a COMELEC-stamped voter’s stub. Do not record their candidate choices.
- Q: What if election day falls within ECQ/lockdown? A: The proclamation remains in force; however, employers covered by exemptions (healthcare, food, utilities) may operate but must still grant staggered voting leave and pay the premium.
- Q: Are absentee ballots for on-board vessels considered “voting leave”? A: COMELEC allows shipboard OAV; the crew’s completion of ballots during off-duty watch satisfies the right. No additional premium is required unless the hours overlap with paid rest hours.
12. Practical Tips for Employees
- Confirm whether your company pays special holidays even if you do not report; many CBAs now grant 100 % pay despite the “no work, no pay” default.
- File your leave early if you are serving as poll watcher or BEI; attach the COMELEC appointment.
- If your employer refuses the 3-hour window, document the refusal (e-mail, chat) and report to COMELEC Law Department or DOLE Hotline 1349.
13. Conclusion
Election day holiday and leave rights weave together constitutional mandates, labor standards, and electoral safeguards. The guiding principle is simple: no citizen should have to choose between a paycheck and the ballot box. For employers, proactive compliance—clear holiday policies, accurate payroll configuration, and respect for voting time—avoids the heavy civil, criminal, and reputational costs of non-compliance. For workers, knowing the precise contours of the law empowers the exercise of suffrage, the “sovereign act” on which the Republic rests.