GE14 | Employers are required to approve all leave applications made in order to allow their employees to vote on May 9, which falls on a Wednesday - a working day, according to the Malaysian Employers Federation (MEF).

MEF executive director Shamsuddin Bardan told Malaysiakini that the requirement on employers extends to both applications for paid or unpaid leave.

“I would say if the reason is for voting, employers cannot reject the application because then we would say it is not facilitating the employee from voting.

“Once they say it is for voting, then employers have no choice but to approve the applications,” Shamsuddin said when contacted.

However, he added, the number of days should be “reasonable” and he agreed with a suggestion that three days would be sufficient to allow for travels to Sabah and Sarawak, as well as to Kelantan.

Shamsuddin also said that employers could even facilitate the process by rescheduling their employees days off in that particular week and make up for any loss of productivity.

“What they (employers) can do in this situation is that they can come to an agreement with their employees.

“Instead of having the workers’ off days on that weekend, maybe it could be re-scheduled to be on Tuesday and Wednesday, or Wednesday and Thursday,” he suggested.

Shamsuddin said this when asked for comments on the Election Commission’s announcement that polling day for the 14th general election (GE14) would fall on a Wednesday or the middle of a working week, rather than the customary weekend date.

“The law (Employment Act) is quite flexible on that. But it has to be based on an agreement between workers and employers,” he added.

Under the Election Offences Act 1954, employers are obliged to allow their employees a “reasonable period” of paid time-off for voting in an election.

Several local companies to shut down that day

In an immediate response to the EC’s announcement yesterday, several local companies had announced that they would shut down operations on May 9 to allow time for their employees to cast their votes.

Among others, Shah Alam-based construction company Marble Emporium proprietor Sim Yen Peng told Malaysiakini he has given 12 of his staff from Sabah and Sarawak three days paid leave, complete with air ticket and allowance.

“Every year I already sponsor my foreign workers to return home.

“So this time, I took this opportunity to allow my workers from Sabah and Sarawak to go back and vote,” said Sim, adding that he would also be casting his vote in Baram, Sarawak.

Local architect Ng Sek San (photo) said his office would also shut down on May 9 as part of his initiative to assist staff members who needed to travel and cast their votes.

“I am always trying to do what is right… My office is very small anyway, so there is no problem to close for one day,” Ng said when contacted.

On social media, several local start-up companies have also made similar announcements, including YouTube content creator JinnyboyTV, which was founded by Jin Lim and Reuben Kang.

“9th of May is your right and duty to vote for what you believe is best for the country.

“Don’t sit and do nothing and then later complain if you’re not happy. We at JTV will be taking off to do so #GE14,” JinnyboyTV said on its Facebook page.

Similarly, GRIM FILM founder and director Jared Lee also declared May 9 as a holiday for his production company.

“Declaring 9th May 2018 a holiday for my company, to all other Malaysian employers, let’s do the same. #GE14 #Malaysia,” Lee said on Facebook.

Pakatan Harapan chairperson Dr Mahathir Mohamad and other critics of the EC’s decision on voting day had claimed that it was an intentional attempt to suppress voter turnout, particularly in rural areas, as well as in Sabah and Sarawak, as it could hinder workers who needed to return from Kuala Lumpur or other major cities.

However, caretaker Deputy Home Minister Nur Jazlan Mohamed pointed out that Mahathir himself had, in 1982, 1995 and 1999, held the general elections on a working day and so, there should be no issue in this coming GE14.