Unsurprisingly, part of France woke up to a big white robe on Wednesday morning. While some will be delighted by the immaculate landscapes, these weather conditions are likely to pose a problem for employees accustomed to commuting by car, what’s more, in the event of a disruption to public transportation, if it’s even close at all.
Under these conditions, affected employees will undoubtedly have to stay home. At the risk of being sanctioned by your employer? A priori no: the worker who cannot go to work or arrive on time cannot be held responsible for bad weather, as long as he lives at a distance that does not allow him to get there on foot.
We are talking here about “force majeure”, or an “exceptional, unforeseeable and irresistible event that justifies the exoneration of an obligation, a commitment or a responsibility”, explains the official website of the administration.
salary deduction possible
However, it is essential to notify your employer and possibly take photos to show your good faith in the event of a dispute. It should also be noted that the employer is not obligated to pay for the worker’s absence time, unless an agreement or collective agreement provides for it. Of course, “the amount deducted from the employee’s salary must be strictly proportional to the duration of the absence.”
To avoid losing part of his salary, the employee stuck in the snow can always request teleworking if possible: “In case of exceptional circumstances, (…) or in case of force majeure, the implementation of teleworking can be considered as an adaptation of the job position necessary to allow the continuity of the company’s activity and guarantee the protection of workers ”, indicates the Labor Code.
If the teletravail is not in revenge as possible, the employer may eventually propose a salary to the effector of the hours of absence at another time of the week, to poser des congés payés, RTT or encore des repos compensateurs liés à des extra hours.
Source: BFM TV
