Stuck in the snow

The recent snowfall made traveling by car and train particularly difficult. On Monday, March 11, there were 600 kilometers of traffic jams in our country by evening, and over 1600 kilometers the next morning. Many buses and trams were also halted. Such traffic problems can also occur during strikes or protests. Are these circumstances a valid excuse for being late or absent from work while still receiving your salary?

The principle is that the obligations of both parties are suspended in the case of force majeure, which refers to an unforeseen event outside the control of both the employer and the employee, making the execution of the employment contract temporarily or permanently impossible, either partially or fully. In such cases, the employee is no longer required to work, and the employer is no longer required to pay the salary. Examples of force majeure include strikes, snowstorms, or fires at the workplace, such as during a riot.

There is an exception to this principle: the employee retains the right to salary in the case of force majeure if they made a reasonable effort to get to work, are fit to work, and their delay or absence was caused by an event on their way to work and outside their control. It is up to the employee to prove—though this is not easy—that these conditions were met. If so, they will receive payment for the lost working time.

If the employee did not make an attempt to get to work or if the cause of the delay or absence was foreseeable or already existed before leaving their home—a planned strike or a predicted snowstorm—the employer does not owe them salary. Last week, it was clearly announced that a heavy snowfall was expected. Therefore, the employer can refuse to pay for the lost day, unless the employee takes a vacation day, of course.

A warned person is worth two. If snow is predicted, you should leave earlier, arrange an alternative plan, take vacation, or (with your boss’s permission) work from home.