With the upcoming Johor State Election (PRN16) and Negeri Sembilan State Election 2026, employers are encouraged to review their workforce arrangements to support employees in exercising their constitutional right to vote while ensuring business continuity.

Key Dates of the Election

Johor State Election (PRN16)

• Nomination Day: 27 June 2026

• Early Voting: 7 July 2026

• Polling Day: 11 July 2026 (Saturday)
  

Negeri Sembilan State Election 2026

• Nomination Day: 18 July 2026

• Early Voting: 28 July 2026

• Polling Day: 1 August 2026 (Saturday)
  

As of today, no announcement has been made on whether the polling days in the respective states will be declared as public holidays. Employers should take note of its rights and the employee’s rights in managing working arrangements regardless of whether it is a public holiday or a normal working day.

Section 25 of the Election Offences Act 1954

Section 25 of the Election Offences Act 1954 imposes a statutory obligation to allow every elector in their employment a reasonable period for voting on polling day. What constitutes a reasonable period will depend on the circumstances of each case, including the employee’s polling location, distance and travel requirements, working hours, traffic conditions, waiting times at polling centres and the operational requirements of the business. Employers are therefore not obliged to grant whatever amount of time an employee may request, provided that reasonable opportunities are afforded to enable the employee to cast his or her vote on polling day. The law prohibits employers from making any deduction from wages or imposing any penalty on an employee by reason of his or her absence during such a period. Accordingly, employees who are registered voters are entitled to reasonable time away from work to cast their votes and employers should not treat such absence as annual leave, emergency leave or unpaid leave, nor should any salary deduction or disciplinary penalty be imposed solely because the employee is exercising his or her right to vote on polling day.

What if the Polling Day is declared a Public Holiday?

If the polling day is declared a public holiday pursuant to Section 8 or Section 9 of the Holidays Act 1951, employers are required to observe the public holiday specifically if the public holiday is declared under Section 8 of the Holidays Act 1951. If the public holiday is declared under Section 9 of the Holidays Act 1951, whether or not the employer is required to observe the public holiday depends on the company policy and the terms of the employment contract. The key principles are laid out below:

Whether or not the employer is required to observe polling day as a public holiday, it does not necessarily mean that employers are required to cease operations. Businesses may continue operation provided that employees who are required to work on a public holiday are entitled to public holidays rates as stated in the Employment Act 1955.

Notwithstanding the ability to require employees to work on a public holiday, employers remain subject to Section 25 of the Election Offences Act 1954 and should therefore ensure that employees are afforded a reasonable opportunity to cast their votes. Practical arrangements may include staggered shifts, flexible working hours, temporary release during working hours or shift swaps to minimise operational disruption.

Where Polling Day is not declared a Public Holiday

In the event Polling Day is not declared a public holiday, normal working arrangements may continue. However, employers remain under the same statutory obligation under Section 25 of the Election Offences Act 1954 to provide employees with a reasonable period to vote without any deduction from wages or imposition of penalties.

While employers retain the prerogative to manage manpower requirements and maintain business continuity, blanket refusals or arrangements that effectively deprive employees of a reasonable opportunity to vote should be avoided.

Employers are encouraged to approach the matter not merely from the standpoint of operational requirements but also from the perspective of corporate social responsibility. Facilitating employees in exercising their voting rights through practical and proportionate arrangements demonstrates a commitment to good employment practices and reinforces the shared responsibility of employers and employees in upholding democratic values and civic participation.

Frequently Asked Questions

Should you have any questions or require assistance in reviewing your workforce arrangements or addressing any employment or industrial relations issues arising from the upcoming state elections, please do not hesitate to contact our consultants.