The tragic floods that have hit a significant part of our country in recent days have affected the daily lives of many of us. The floods have affected the working lives of both employees and employers. In this article, we provide a basic overview of the situations you may encounter.

Clean-up work at the employer's premises

When an employer's workplace is affected by flooding (typically mud deposits or water damage to equipment), the employer has the option of using its employees to repair the workplace. In such cases, the employer can also transfer employees to perform work other than that agreed in the employment contract for the necessary period of time without the employee's consent.

Transferring employees without their consent cannot be long-term and can only be used to carry out urgent work necessary to mitigate the effects of flooding. In other cases, it would be necessary to have agreed with the employee to carry out the work. Even if the employee performs less skilled (and therefore less financially valued) work during the transfer period and should therefore be entitled to lower pay, the employee will be entitled to a supplement up to their average earnings.

Even in this situation, the employer has to take into account the employee's state of health and ability. So the employer should avoid situations where it's clear that the employee in question is unable to carry out the flood mitigation work. In such cases, it's not necessary to formally verify the employee's medical fitness with the health service provider, but it is advisable to try to do so in other ways, at least by asking the employees whether they feel able to carry out the work.

My employer can't assign me any work

If the employer can't assign work to the employee as a result of the flooding (as a natural event), nor is the employee reassigned to other work (as described above), this will constitute a impediment to work on the part of the employer.

The employee will be entitled to salary compensation at the rate of 60% of average earnings. Theoretically, the employer might not be directly affected by the floods, but the supply of raw materials or energy might be interrupted as a result. This is known as downtime, and the employee is entitled to salary compensation of 80% of their average earnings. The employer may also provide higher compensation (eg on the basis of an agreement in a collective agreement).

Inability to travel to work

If the employee can't attend work as a result of an interruption in traffic (eg roads blocked by water, collapsed bridge), this will constitute an important personal impediment to work on the part of the employee and the employer is obliged to excuse the employee's absence. In this case, however, the employee is typically not entitled to salary compensation. This impediment can only be invoked where the interruption is unforeseen. If there is already a basic correction in the transport system but, for example, a longer detour route is provided that the employee has to use, this will no longer be a reason for being late or absent.

The need to clean work at home and handling administrative duties to deal with damage

In cases where an employee is forced to carry out cleaning or construction work as a result of flooding which is in the public interest (eg in respect of the risk of a house collapsing or the removal of hygiene hazards), this will constitute an impediment to work on the part of the employee for reasons of general interest (the performance of civic duties). In such cases, the employer must excuse the employee's absence, but the employee will not be entitled to any salary compensation.

The law doesn't explicitly refer to other (not so serious) reasons that require the employee to take action to protect their property or, for example, the need to deal with insurance companies. But it is possible to assess the situation as another important personal impediment to work on the part of the employee and the employer should still excuse the employee's absence.

Of course, the employee must not take advantage of this situation and the situation will only be considered to be an impediment to the extent strictly necessary. Even in this case, the employee will not be entitled to salary compensation. A similar procedure will apply if the employee provides necessary assistance to other people (eg neighbours or family). In all cases, it's always possible for the employer to provide salary compensation (as a benefit) in those cases as well, or it may be possible to arrange for annual leave to be taken.

Childcare

Where a flood closes a nursery or school and the employee has no other way of looking after their child, this is a significant personal impediment to work on the part of the employee and the employer must excuse the employee's absence. Again, the employee will not be entitled to salary compensation, but the social security system will take this situation into account and the employee may be entitled to nursing allowance under certain conditions.

If the employee can provide care for the child in other ways (eg with the help of grandparents who otherwise normally look after the child), this would not be considered as an impediment to work at all.

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In dealing with situations arising from flooding, even in the employment context, things need to be approached sensitively and with mutual respect and tolerance, on both sides.

It's always best for employees and employers to agree on a solution to specific situations and to find a solution that's reasonable for both the employee and their personal situation, and for the employer so they can resume operating as soon as possible. This kind of mutual cooperation will limit further damage and lead to the quickest possible recovery, which is in everyone's interest.