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?
Absence from work for more than three hours during the working day without valid reasoning is one of the grounds for dismissal at the employer's initiative. Alternatively, an employer may issue a reprimand to an employee.
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 contact the pension fund and/or medical establishments to verify the legitimacy of the medical certificate. In the case of forgery, the employer may either issue a reprimand or dismiss an employee under certain conditions under Ukrainian 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?
Ukrainian legislation does not directly prohibit employers from administering breathalysers; however, employers cannot force employees to undergo corresponding checks using them. Appearing at work in a state of alcoholic intoxication is also a ground for suspension without pay or dismissal. To confirm alcoholic intoxication, the employer has to send the employee to a medical facility for checks.
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?
While generally a change in the work regime constitutes a change in the essential terms and conditions of employment, it is permissible to rearrange working hours with prior notice to employees or by establishing a flexible working hours scheme.
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 may monitor employees' use of corporate devices only if there are legitimate grounds for doing so, the measures taken are proportionate to the legitimate aim pursued, employees are given prior notice, etc. If the mentioned violations are detected, the employer may either issue a reprimand or dismiss an employee in certain cases, subject to certain limitations.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
If misconduct occurs outside of working time, an employer's reaction depends on its nature and consequences. A n employer is allowed to dismiss an employee if a court ruling sentences him/her to imprisonment or other punishment that precludes the possibility of continuing the work (relevant if it is the consequence of misconduct). If misconduct happens at a staff-organised event, an employer may also dismiss an employee under certain conditions or issue a reprimand. If any damage occurs outside of working time, full material liability applies (general rule – capped at the average monthly salary).
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.?
Work on public holidays is paid at double the rate. Besides, at the request of an employee who has worked on a public holiday, he / she may be granted another day off. In Ukraine, due to martial law, national holidays are not considered days off and work on them is considered a normal working time.
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?
Under Ukrainian legislation , o rganising or conducting gambling without a licence to do so is prohibited. Persons who have committed such acts may be criminally liable, while participants may be subject to administrative penalties. Also, such actions may contradict the internal policies of the employers.
4 May employers prohibit public displays of rival country team colours in the workplace?
Realistically, the introduction of such a policy is unlikely; however, some internal policies may prohibit the display of any team attributes in general at the 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. , home nation) but not others?
Such actions are also practically unlikely to constitute a proper basis for a discrimination claim. However, it is generally recommended to avoid any intentional discrimination in this respect.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
It is recommended to avoid any intentional discrimination in this respect. Employers may also consider flexible working hours on game days, if possible, taking into account the employer’s operations and business needs.