Salaries on Election Day: It is definitely worth it for state and public employees to work on April 17

According to Article 5. of the Law on the Election of Representatives to the Croatian Parliament, Wednesday, April 17, 2024 – the day of elections, is a non-working day. Since it is a Wednesday, which is a working day for most employees in Croatia according to the work schedule, the question arises regarding the determination of the salary compensation for workers who will not work that day, as well as the salary for workers who will work that day due to job requirements.

In relation to general labor legislation, the Law on the Election of Representatives to the Croatian Parliament is a special law and takes precedence over the Labor Law; however, since this law does not regulate the amount of salary compensation and salary for the election day as a non-working day, the rules prescribed by the Labor Law and other sources of labor law apply: collective agreements binding the employer, work regulations, and/or employment contracts. These regulations precisely govern the monetary rights of workers who do not work on legally prescribed days or work due to job requirements.

Employees Who Will Not Work

The day of the election – April 17, 2024, is not a day of weekly rest, and workers who will not work that day, and who would have had a working day according to their work schedule if it were not for the elections, are entitled to salary compensation at the employer’s expense. The amount of salary compensation is regulated by autonomous sources of labor law – collective agreements and work regulations – and if nothing is specified therein, the worker is entitled to salary compensation equal to the average salary earned in the previous three months.

Only in rare cases, when a worker’s work week is arranged so that Wednesday is their day of weekly rest, which is practically possible if the worker works in shifts or under an irregular work schedule, will the worker not be entitled to salary compensation for April 17, 2024. We remind that the employer is obliged to inform the worker of the work schedule or changes to the schedule one week in advance. It is not lawful to change the work schedule in order to declare the election day a day of weekly rest to avoid the obligation to pay salary compensation for a non-working day determined by a special law.

Employees Who Will Work

If the nature of the work requires it and if it is necessary due to the work process at the respective employer, the employer may instruct workers or part of the workers to work on April 17. In that case, workers are entitled to an increased salary, in the amount determined by labor law regulations for work on holidays and non-working days prescribed by special law. In most regulations governing salary supplements, work on holidays and non-working days should be paid at an increased rate of 30, 40, or 50 percent, and in state and public services, even 150 percent.

The increase for working on Sundays does not apply, but the increase determined for work on holidays and non-working days equivalent to them does apply. If, due to job requirements, a worker may need to work that day at night or under difficult conditions, all supplements cumulatively apply, and the worker is entitled to a salary increased by each of those supplements. These supplements must not be calculated on a base lower than the hourly base derived from the prescribed minimum wage.

Employees Who Work and Vote

It is possible that some employers will organize the work process so that workers work on April 17, with the right to absence for the necessary number of hours to cast their votes. In that case, their daily earnings will consist of two parts: the increased salary for the hours worked on the non-working day and salary compensation for the hours of justified absence from work.

Caught on Official Travel. The obligation for increased payment for hours worked also applies to workers who are on official travel on election day. If they performed work for which they were sent on official travel that day, the hours worked should be paid at an increased rate.

Caught on Annual Leave. Workers who are on annual leave on April 17, 2024, will not have that day counted as part of their annual leave. This arises from the direct application of Article 79 of the Labor Law, according to which holidays and non-working days determined by law are not included in the duration of annual leave. However, the worker does not have the right to arbitrarily extend the period of annual leave determined by the employer’s decision simply because that day is not counted in the duration of annual leave.

Caught on Sick Leave. Workers who are on sick leave during the period that includes April 17, whether at the employer’s expense or at the expense of the Croatian Health Insurance Fund (HZZO), will have April 17 counted as a sick leave day, with the right to salary compensation for sick leave, which depends on the duration and reason for the inability to work due to illness or other reasons provided by health regulations.