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?
Repeated unauthorized absences may justify disciplinary measures and even termination of employment . If such conduct can be demonstrated, the employee may be given a written warning, and if the conduct is repeated thereafter, the employment relationship may be terminated. In extreme cases, if an employee is absent for at least seven days without notice or valid reason, the employer may consider the employment contract canceled from the first day of absence.
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?
If the employer has reason to doubt the reliability of a medical certificate provided, the employer may, at their own expense, require the employee to undergo an assessment by a doctor designated by the employer to verify the incapacity for work.
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?
The use of breathalysers must be based on voluntariness. An employer cannot require an employee to submit to a breath test. The employer may, nevertheless, remove an intoxicated employee from the workplace. If the employee refuses a breathalyser test, it is advisable to obtain statements from two witnesses regarding the employee’s intoxication.
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?
An employer’s right to unilaterally change working hours depends on how strictly they have been agreed and how substantial the change is. If the matter concerns an essential term of employment and the change would be significant, the employer may not have the right to implement such a change unilaterally. Cooperation with the employees is advisable, because such changes can, however, be agreed on. The employer must also ensure equal treatment of employees as well as compliance with s tatutory provisions on shift confirmation schedules.
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)?
An employer has the right to determine how devices provided for work purposes are used. The employer may prohibit certain activities on its devices. However, as a rule, accessing information protected by the employee’s right to privacy (such as browsing history) is prohibited without a lawful basis under data protection legislation. Such a basis would generally exist only in cases involving suspected serious misconduct.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
Employee misconduct at work-related events may result in disciplinary action or even termination, if the legal requirements are met. The employer’s ability to intervene in conduct during unorganised events is more limited and generally applies only in roles requiring a high degree of loyalty outside working hours.
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?
There is no statutory provision on the payment of wages for public holidays. These matters are often regulated in CBAs. If no applicable CBA exists, it is general practice that public holidays falling on a weekday are paid days off for monthly salaried employees.
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 specific regulation on this matter, so permitting such activity is at the employer’s discretion. As a rule, betting pools within a closed group are allowed.
4 May employers prohibit public displays of rival country team colours in the workplace?
Any such restrictions must be justified, proportionate, and applied equally to employees. Such restrictions may easily be considered discriminatory. Therefore, generally, this is prohibited.
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?
The employer may primarily decide which matches may be watched during working hours. However, the risk of this being interpreted as discriminatory cannot be ruled out.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Employers should communicate transparently what is permitted in the workplace, during working hours, and during breaks in order to avoid problems in advance. In general, the following applies: Working hours and television: Watching television at work during working hours is only permitted with the employer's permission. Watching television without permission can result in at least a warning. During breaks, the game can be watched on personal devices. The general ban on alcohol in the workplace and on company premises must be observed, unless the employer grants special permission. Time off work: There is no general legal entitlement to time off or leaving early for national team games. Extended working hours: Employers are not obliged to flexibly adjust working hours to match game times.