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?
A minor disciplinary sanction may be imposed, typically a warning letter, provided there are no further accumulated unjustified absences. In addition, the employer may deduct the salary corresponding to the hours not worked, in accordance with the applicable collective bargaining agreement.
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?
Mere suspicion does not justify disciplinary action. If the medical certificate is not an official one, the employer may deduct the salary corresponding to the hours not worked.
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 employer may not carry out breathalyser testing except in very specific job positions; however, the employer may adopt measures necessary to ensure the safety of the employee, other employees, or third parties.
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?
This would only be possible if there is an agreement with all affected employees.
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)?
This will depend on the internal policy regarding the use of work tools. In any event, the employer may deduct the salary corresponding to the hours not worked if there is sufficient evidence.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
If it concerns a private event outside working hours, the company may not trigger the disciplinary regime.
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 the day is declared a public holiday, the applicable collective bargaining agreement, the employment contract, and the working calendar must be reviewed to determine whether work is required on that holiday and whether enhanced pay or compensatory rest has been established.
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?
Technically, this type of betting could be considered illegal; however, if it is organised by employees and the company does not intervene, the risk is reduced. There is no specific regulation in this context regarding the amounts of the bets or prizes.
4 May employers prohibit public displays of rival country team colours in the workplace?
Yes, it could prohibit it in order to ensure a peaceful working environment.
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 could be a potential risk of discrimination if different accommodations are granted without objective and reasonable justification, particularly in relation to gender. In practice, the risk will depend on the specific circumstances and whether the measure can be objectively justified.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Employers may anticipate the situation and consider whether to introduce flexible working hours and, where applicable, ensure that no employee is discriminated against when opting for such flexibility.