Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
The employer is authorised to deduct remuneration corresponding to days not worked.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
The employer must challenge the medical certificate’s authenticity; if it is subsequently proven to be false, the employer may treat the absence as unjustified and withhold payment for the day.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches , e.g. their country’s team?
If it is for “all employees”, it is possible to rearrange the work hours.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
In that event, the Employer may implement disciplinary measures of a non-pecuniary nature.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
If the misconduct occurs outside working time or the workplace, the employer has nothing to do.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
Employees who work would be entitled to overtime pay from 50% to 100%
3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
There is no legal prohibition.
4 May employers prohibit public displays of rival country team colours in the workplace?
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
As a practical matter, this is unlikely.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
We are not aware of any labour law issues in Argentina arising specifically from World Cup celebrations; generally, the key is clear internal communication on attendance and leave expectations during match days.