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 may be treated as a breach of workplace rules. The employer can treat the time as unpaid and take proportionate disciplinary action after confirming the facts. In practice, warnings are common for first or minor incidents.
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?
An employer may question inconsistencies and ask for reasonable clarification. If the explanation is found to be false or dishonest, this may justify disciplinary action, subject to a careful and fair investigation process.
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?
If alcohol use affects work performance or safety, the employer may instruct the employee not to work and consider discipline. Breathalyzer testing is only appropriate where there is a clear policy, a safety related justification, and the method is reasonable and proportionate.
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?
Working hours cannot generally be changed unilaterally. Adjustments are easier where flexible or shift systems already apply. In practice, employers often rely on voluntary arrangements, time shifting, or use of leave.
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)?
Using company systems for non work purposes during work hours may breach internal policies. Viewing illegal streams or engaging in illegal gambling raises compliance and reputational risks and may justify stronger disciplinary action.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
Out of hours conduct may be addressed where it is closely connected to work or damages workplace order or the employer’s reputation. Purely private conduct with no work impact will generally fall outside employer control.
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?
In Japan, national holidays do not automatically entitle employees to time off unless the company designates them as non working days. Employees who work on such days are entitled to overtime or substitute time off only if the day is treated as a n agreed holiday or exceeds agreed working hours.
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?
Office pools involving money may raise issues under gambling laws. Even small scale pools can be problematic if money is collected or prizes are paid. Many employers prohibit them entirely at work to avoid legal and compliance risks, or strictly limit them to non monetary participation.
4 May employers prohibit public displays of rival country team colours in the workplace?
Employers may restrict displays in the workplace to maintain order, neutrality, or a professional environment, provided the rules are applied consistently. Restrictions should be proportionate and not target specific individuals or groups unfairly.
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?
Differential treatment based on gender (e.g. men’s vs women’s games) may create discrimination risk. Preferences for certain national teams are less likely to raise legal issues, but inconsistent or arbitrary accommodations can still lead to employee relations concerns if not handled transparently and fairly.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Clear communication in advance, consistent application of rules, and flexible but voluntary arrangements help reduce disputes. Updating policies on attendance, IT use, alcohol, and conduct ahead of the tournament is a practical risk management step.