The vagaries of nature and late arrival to work

Questions abound as to whether an employer can “fire” an employee (terminate his employment) for not coming to work because train or tram service has been interrupted

Employers often try to deal with such a situation where someone arrives late or not at all for the morning shift for the reasons mentioned above by ordering leave. However, an employer cannot order leave from one day to the next. Generally, it is within the employer’s “power” to order leave, but the employer must give the employee at least 14 days’ notice.

The situation of a traffic calamity is provided for in the regulation of obstacles to work in the Labour Code and in the implementing legislation. Thus, if the employee cannot arrive at work on time or at all due to an unforeseen interruption of traffic or delay of public transport and if the employee could not reach the place of work by any other reasonable means (alternative means of transport or on foot), the employee shall be granted leave without pay for the necessary period. However, in practice, particularly during the probationary period, we recommend that you rather go by agreement with the employer and accept the leave if it is offered.

However, such absence cannot be used as a reason for immediate termination of employment or termination of employment. It should be added that leave of absence with wage or salary compensation shall be granted to a severely disabled employee for a strictly necessary period of time, not exceeding 1 day, for the prevention of travel to work due to weather conditions by a non-motorised means of transport used by the employee. These are cases where the disabled employee uses a private car to travel to work but cannot use it for various weather reasons – impassable roads due to ice, etc. These employees therefore have the benefit of paid time off.