During elections and referendums in Italy, many employees are appointed as members of a polling station. Italian labour law provides for special provisions regarding this role: employees are permitted to take leave of absence to carry out this public duty and, in principle, are treated in the same way as if they were performing their normal duties during this period. This absence is not regarded as holidays, so no holidays are deducted.
The leave of absence applies to employees who have been officially appointed to a polling station. This includes, in particular:
Serving as a member of a polling station is regarded as a public office. The necessary absence is protected by law.
The leave of absence covers not only the actual polling process but also the necessary preparatory and follow-up work.
Typically, this involves:
The exact duration depends on the election in question and the organisational requirements.
Under labour law, time spent working at the polling station is generally treated as normal working time. The employee therefore retains their entitlement to pay.
However, the specific treatment depends on whether the day in question is classified as a working day or as a day off or public holiday.
If the work at the polling station falls on a regular working day, the employee receives their normal pay. The absence is treated as working time.
This also applies if the employee is actually only employed at the polling station for a few hours due to the electoral duties. The assessment is generally made on a daily basis.
Example:
On Monday, the vote count only lasts until the early hours of the morning. If Monday is a normal working day, the employee is not required to attend work but receives the normal daily wage.
If the duty falls on a non-working day – for example, a Sunday in a standard Monday-to-Friday working week – the employee is generally entitled to:
The specific implementation may be further regulated by the applicable collective agreement (CCNL).
Whether a day is considered a working day or a day off is not determined solely by the actual organisation of work within the company, but by the provisions of the applicable collective agreement.
This is particularly relevant for companies operating a 5-day week.
Example:
A company actually operates from Monday to Friday, even though the applicable collective agreement provides for a working week from Monday to Saturday. As a result, Saturday may still be regarded as a working day and does not automatically trigger an additional entitlement to remuneration or a compensatory day off.
Under the Collective Agreement for Trade and Services, Saturday is generally regarded as a working day (giorno lavorativo a zero ore), even though many companies effectively spread working hours over five days.
Consequently, the following applies, for example:
To enable the employer to record the absence correctly, the employee must provide the relevant evidence.
The following are usually required:
The certificate should specify the days of attendance.