Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorization because they were watching the World Cup?
Pay could be withheld corresponding to the missing hours. If there are sufficient accumulated absences without leave, employees could be terminated according to properly issued company rules.
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?
Not only could pay be withheld, an employee could be terminated for cause in accordance with properly issued company rules.
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?
While no law would explicitly prohibit subjecting employees to breathalyser tests, such practice would be highly unusual except in certain high-risk occupations (e.g., miners) and occupations where drinking is prohibited, such as drivers.
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?
Yes, if hours are not contractual and the shift is relatively minor e.g., one or two 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)?
If an employee is spending substantial time watching matches and doing no work, an employer may be able to withhold pay. An employee who uses company IT systems (including legal and illegal streaming services) to watch matches could be disciplined up to termination, in accordance with properly issued company rules.
f) An employee potentially misconducts themselves outside of working time either at a staff organized World Cup event or an unorganized event?
For company organized events, employees could be disciplined up to termination, in accordance with properly issued company rules . For events not organized by the employer, discipline would depend on the seriousness of the behavior and impact on the employer.
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?
Full-time employees would be entitled to overtime pay at the rate of 300%.
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?
While strictly speaking such an activity - regardless of the amount of money at stake - could be considered illegal gambling, the risks would be rather low if stakes are limited, the pools are organised by employees, and participation is limited to employees.
4 May employers prohibit public displays of rival country team colours in the workplace?
Yes , if such displays could reasonably be considered as creating a hostile 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. the home nation, but not others?
Practically speaking, no.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Given that games will be broadcast in the morning China time, it is likely that some employees may want to take mornings off work. As a result, employers should consider whether they will adopt flexible work times on game days. In particular, many foreign national employees may be expected to miss work mornings on days their teams play.