Late for work due to force majeure? Whose account is this for?
27 September 2018
Yes of course! Have you left home on time with the best intentions and suddenly the A13 is stuck or there is a train disturbance somewhere? Gosh, too late for work again! Whose risk is this actually at?
Commuting to and from work is at the expense of the employee
Commuting is at the expense of the employee, including any delay. The travel time from home to work is not working time and as an employee you are obliged to get to work on time. This is only different if you are on the way from home directly from home to a business appointment (work-work travel) on behalf of your employer. In that case you do not have to compensate for the extra travel time. If you do not go to a business appointment and you arrive late for work due to the delay, then those hours will unfortunately be on your plate, unless your employment contract or collective labor agreement provides otherwise.
The consequences of being late differ per employer. Some employers will be more lenient because they can show understanding of the situation. But if customers are waiting for you and this can lead to damage, your employer will be less able to deal with being late. For example, your employer can determine that you must take time off or that you must compensate for lost time at another time. You are not entitled to wages for hours that you have not worked and that are within your risk sphere (unless your collective labor agreement or employment contract provides otherwise).
Consult with the employer
Always try to resolve this in consultation with your employer. Do you record your shredded hours or do you use time for time? Maybe your employer is willing to agree on a different timetable with you. For example, to avoid traffic jams, you can agree to start later and leave work later. You can also ask the works council or personnel representative whether they can make agreements with your employer.
Often too late?
If you often arrive late, it could be that your employer takes action. Think of a warning, suspension or withholding of wages for the time you are not present. In some cases it can even lead to dismissal. Of course, your employer must have built up a file before you are dismissed. Always consult your employment contract, personnel manual and / or collective labor agreement to check the conditions of the measures, or contact us.
Do you have any questions? Please do not hesitate to contact us. We are happy to help you. We can be reached by telephone on 0345 - 851 963, but you can also email us via email@example.com.