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?
Unauthorised absence from work due to the employee watching the World Cup match constitutes a breach of the employee's duties. Consequences may include warnings, pay reduction or immediate dismissal, depending on the circumstances of the individual case.
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 may request an evaluation of the medical confirmation by the Austrian health insurance carrier. Furthermore, consequences may include warnings, pay reduction, or immediate dismissal, depending on the circumstances of the individual case.
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?
In the event of specific suspicion, the use of breathalysers is subject to strict prerequisites and may not be permissible in the individual case.
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?
Provided that the individual employee and the employer agree, normal working hours may be adjusted to accommodate the viewing of the matches. The unilateral rearrangement of the working hours by the employer is only possible in exceptional cases, which do not apply here.
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)?
Watching matches or gambling by using the employer's equipment during working hours constitutes a breach of the employee's duties. This applies in particular if the employer has expressly prohibited the private use of its equipment. Consequences may include warnings, pay reduction, or immediate dismissal, depending on the circumstances of the individual case.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
In principle, employees are free to organise their leisure time outside work as they wish. Misconduct outside of working hours may only have legal consequences if the employer's interests are impaired. Depending on the severity of the misconduct and its impact on the employer, the employer may take measures ranging from a warning to an immediate dismissal.
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 have to work on a public holiday are generally entitled to double pay. If applicable, additional surcharges may be due for overtime work on public holidays under the collective bargaining agreement .
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?
In Austria, the organization of gambling (including sports betting) is generally reserved for the federal government or requires a specific license (gambling monopoly). If employees place private bets among themselves with small amounts of money, this does not fall under the gambling monopoly.
4 May employers prohibit public displays of rival country team colours in the workplace?
The employer may prohibit the public display or demand the removal of symbols if such measure contributes to a neutral work environment and is applied uniformly for all country teams.
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?
Any (indirect) discrimination may not be fully excluded.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
As all World Cup matches will kick off / be broadcast between 18:00 and 06:00 CET, the above scenarios are primarily relevant for employees who work late in the evening, at night, or early in the morning.