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When is the absence in work justified?

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Is it possible not to get to work due to bad weather conditions and receive a normally entitled remuneration? When is not this absence in work a barrier to receive a payment?

Each employee who does not get to work due to unfavorable weather conditions or unexpected communicational difficulties is not entitled to remuneration, however, there are situations when the absence is not an obstacle to receive a payment – in that case the Labor Code envisages a remuneration for performed work. Rafał Wyziński, a lawyer from Rączkowski, Kwieciński Adwokaci legal office, explains that among these particular situations there are i.a. summons to appear in court, call by proper authorities to perform a certain administrative activity, and donating blood in a blood-donor center.

 

Moreover, every employee is entitled to four days of vacation leave at request within a year, which may be used in case of unexpected situations, for instance, if we think after awakening that we will not be able to get to work due to heavy snow and we want to receive remuneration for this particular day. However, in a situation when we know that we will not get to work or will be late for reasons beyond our control, we should inform the employer about it as soon as possible by other person, for instance a secretary, or by telephone, text message and e-mail.

 

If an employer receives this message and a worker will be able to prove that he managed to inform about this situation, it will be difficult to justify radical activities like dismissal or imposition of a fine. If an employer decides on it, an employee may appeal to the labor court. It is highly probable that each court will consider such absence as uncommitted and thus the decision of employer as unauthorized – points out the expert.


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