do you really have to go to work?

Capital Video: Snow: what are your rights if you are blocked from going to work?

Winter is setting in and beware of the cold! This Thursday, November 21, due to the disruptions caused by the passage of the Caetano storm, 32 departments (Côtes-d'Armor, Ille-et-Vilaine, Calvados, Eure, Manche, Orne, Mayenne, Sarthe, Eure-et-Loir , Loir-et-Cher, Loiret, Aube, Yonne, Haute-Marne, Côte d’Or, Vosges, Haute-Saône, Doubs, Territory of Belfort, Haut-Rhin, Paris, Seine-et-Marne, Yvelines, Essonne, Hauts-de-Seine, Seine-Saint-Denis, Val-de-Marne, Val-d'Oise, Alpes de Haute-Provence, Hautes-Alpes, Nièvre and Cher) are on orange alert for snow-ice and/or gusts of wind, according to Météo France. The national meteorological service calls on the French to limit their travel, to equip their vehicles if necessary and to install generators outside their homes.

If you are transported, traffic may be disrupted. The same goes for public transport. In this situation, it is therefore better to favor teleworking. But not all jobs allow this. Are you still obliged to go to your workplace, despite the weather conditions? To help you find your way, Capital takes stock of what labor law provides for in this type of exceptional situation.

If I can't go to work or arrive late because of the snow, can my employer penalize me?

No, because snow-covered roads or transport blocked by bad weather constitute a case of “force majeure”. The employee is not at fault. Your employer cannot therefore use this absence as a reason for disciplinary action or even dismissal. But it is advisable to take some precautions and notify your employer. Be careful, it is better not to just make a phone call and send an email clearly specifying the reasons for your absence: impassable roads, out of service buses, transport line closed due to snow…

If you are already in conflict with your employer or fear being accused of job abandonment, take a screenshot of road traffic sites or a photo of station displays. You can also request a certificate from the airline or railway company, clearly specifying the duration of the traffic disruptions. These documents will be used to prove your good faith in the event of a dispute.

Can I opt for teleworking?

In theory, the Teleworking requires a company agreement and/or the signing of an amendment to the employment contract. As part of the Covid crisis, “health” teleworking has been put in place and companies can use it exceptionally more simply, without any particular formality. If your job allows it, you can therefore make an amicable arrangement with your supervisor to work from home, since snow is an “occasional” situation.

If snow prevents me from going to my workplace and I cannot telework, will this day of absence still be paid by my employer?

When an employee does not work, the employer is not obliged to pay him, except in certain cases such as absence due to illness. The number of days of absence will therefore be deducted from your salary, but also from your additional remuneration such as meal vouchers or bonuses. Your paid leave days will also be calculated in proportion to your attendance time. The only exception: sectors particularly exposed to bad weather, such as construction. In the event of heavy snow or extreme cold making it dangerous or impossible to carry out construction sites, employers can then resort to the bad weather unemployment scheme to compensate their workers.

If I cannot telework, can I take a day of RTT or paid leave to avoid a loss of salary?

This is at the discretion of your employer. Instead of allowing you to take a day of RTT or paid leave, he may otherwise ask you to recover the lost hours, and even decide on the days of recovery, but only if the arrangements and modulation of working time are agreed. signed by the social partners provide for this.

And if I still managed to get to work, can I leave earlier to anticipate transportation difficulties?

No, unless your employer agrees.