FOCUS – Bad weather conditions can disrupt the journey between home and work, or even prevent the exercise of the activity itself. Snow, in particular, can in certain cases be considered as a case of force majeure.
This Wednesday morning, France adorned itself with its white coat. From Brittany to the Grand Est, motorists are invited to slow down. Between 2 and 5 centimeters of snow are expected in these regions, with temperatures not exceeding two degrees. 33 departments have been placed on orange alert, bad news for many employees who will have difficulty getting to their workplace or will be unable to perform their job.
● Under what conditions is absence due to bad weather permitted?
Snow, like other bad weather, can constitute a case of force majeure. According to case law, the event must be unforeseeable, insurmountable and beyond the employee’s control. In the event of force majeure, the employee can in no way be penalized for delay or absence, in particular if the roads are impassable or if public transport is blocked. If the employee cannot have their child looked after due to bad weather, this also constitutes a case of force majeure, which justifies a day of absence. If an employee cannot be blamed for a delay due to snow, this does not give him the right to leave earlier to anticipate transport difficulties.
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● What are the consequences for remuneration?
Absence due to force majeure cannot therefore be sanctioned. However, this may have consequences on the employee’s remuneration. Unless applicable contractual provisions, the employer is not required to remunerate the hours of absence. Of course, the deduction from salary must be strictly proportional to the duration of the absence. It should be noted that the hours lost can be recovered or charged to paid leave or RTT. If, on the other hand, the employee travels to his place of work and finds the company closed, the employer must pay him normally (except in the event of the establishment of partial unemployment).
● To what extent can telework be used?
The employer can offer the employee blocked by bad weather to work from home. In case of force majeure, this can be considered as an adaptation of the workstation. However, the employer must make available to the employee all the equipment necessary for the exercise of his activity. If this is not put in place, the employee is entitled to refuse to work from home for the day.
● What are the rights of employees working outside?
For professions exercised outdoors, as in the construction industry for example, the employer must take “the measures necessary to ensure the safety and protect the physical and mental health of workers“, after consulting the occupational medicine, the hygiene committee or, failing that, in agreement with the staff representatives, specifies the Labor Code. No employee may be forced to work in climatic conditions that are too extreme or directly threaten their health. If he considers that the exercise of his work constitutes a serious and imminent danger to his health, the employee may use hisright of withdrawal“. The same logic applies for business trips and other outdoor missions.
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