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?
Employers are not required to pay for unjustified absences. If an employee accumulates sufficient unjustified absences, termination without severance may occur under the Federal Labor Law.
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?
Employers must verify the authenticity of medical certificates. If a certificate is found to be fraudulent, termination without severance may be permitted under the Federal Labor Law.
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?
Breathalyser tests are uncommon except in high-risk roles or positions where alcohol is prohibited, such as driving. However, employers may request company-paid anti-doping tests to determine if an employee is under the influence of drugs or alcohol. If so, termination without severance may be allowed under the Federal Labor Law.
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?
Changes to work hours are only permitted if both parties provide written agreement. Employers cannot unilaterally modify work shifts.
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)?
Depending on the severity of the actions, employees may be sanctioned in accordance with the company’s internal rules. If there is something illegal involved, termination without severance may be permitted under the Federal Labor Law.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
In general, employers cannot sanction employees for activities outside of work shifts unless these actions are illegal or so severe that they make continued employment impossible. In such cases, termination without severance may be permitted under the Federal Labor Law.
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?
If employees work on an official holiday, they are entitled to receive 300% of their regular salary for that day.
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?
Generally, this activity is considered illegal gambling. Most companies also prohibit it under their internal labor rules, and violations may result in disciplinary action. Termination without severance may be permitted under the Federal Labor Law.
4 May employers prohibit public displays of rival country team colours in the workplace?
If employees follow the company's internal labor rules, including the dress code, prohibiting public displays of support for a rival country team may be considered discriminatory.
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?
There is always a risk of a discrimination claim. However, if the benefit is granted to all employees, the likelihood is very low.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
We expect a high rate of absences, especially in cities hosting matches. Therefore, we recommend that companies prepare to operate with reduced staff. During home nation matches, many employees may be distracted by watching the game. We recommend assessing whether company operations allow for offering this as a benefit.