Although Storm Ciaran hit part of the country on Thursday and another depression is looming for the weekend, this bad weather is proving to be a source of questions for employees. Sometimes it is difficult to know what your rights are in these types of situations. Guest on the BFMTV set, employment law attorney Sarah Dreyfus answered viewers’ questions.
• I couldn’t go to work because there was no train, will I be penalized?
Don’t worry about this point. “Bad weather can constitute a case of force majeure evaluated according to different indices, such as the intensity of the storm, explains Sarah Dreyfus. A case of force majeure does not imply fault and cannot give rise to a disciplinary procedure for the employee.”
The only obligation of the employee? “Inform your employer of the delay because, if you don’t, he could face a penalty,” the lawyer emphasizes. On the other hand, it is advisable to obtain proof that explains the absence or delay in order to justify it to your employer.
• My boss told me yesterday not to come to work, will she give me 1 day off?
The answer is more ambiguous: “the employer cannot impose a day off, points out Sarah Dreyfus. On the other hand, an absence due to force majeure can lead to a deduction from salary, which is largely unfavorable for the employee.”
The specialist points out different options that allow you to avoid a reduction in remuneration: “Take a day of RTT or paid leave, resort to an exceptional day of teleworking, or recover hours not worked later.”
• I am a truck driver or delivery driver, can I refuse to work when it is very windy?
“The employee who faces a serious and eminent danger to his health or life can exercise his right to withdraw,” explains the lawyer.
However, the employee must be able to demonstrate to his employer the risk he runs with, for example: “disaster photos or newspaper extracts.”
“If this is legitimately justified, the employee will not be subject to disciplinary measures or salary withholding,” says Sarah Dreyfus.
• In the event of an accident during teleworking, who is responsible?
“A work accident is considered one that occurs in the workplace and during working hours,” says the specialist, while one that occurs outside of those hours, even for a few minutes or when the employee is temporarily stopped working. “its functions will be classified as a domestic accident.”
For those without a fixed schedule, for example employees with a daily rate, it is recommended to inform the employer directly who has 48 hours to declare it. The Primary Health Insurance Fund then has 30 days to decide whether or not the accident was caused by a professional.
Source: BFM TV
