Strike of March 7: can my employer sanction me if I arrive late?
Approaching the sixth day of mobilization against the pension reform, the government encourages those who can to telework. A recommendation that applies more to urban executives than to workers and employees.
Getting to work is already going to be complicated for many employees: the SNCF and the RATP announced on Sunday that TGV and TER traffic would be “very severely disrupted” on Tuesday, and “very disrupted” in the metro and RER in Ile-de-France.
In Paris, metro traffic will be restricted on most lines mainly at peak times, except for lines 1, 14 and 4. If an employee cannot work remotely, can he be penalized in the event of a possible delay?
“There is theory and practice,” explains Caroline André-Hesse, a lawyer specializing in labor law. If in theory, the employee arrives late and does not inform his hierarchy, he can be sanctioned. But in exceptional circumstances like those of Tuesday, with a strike and traffic disruptions, such a sanction will be difficult to justify. It could even disrupt social dialogue, ”she says.
Prioritize dialogue with your employer
Note however, the situation can be assessed differently, depending on the geographical area in which the employee is located, nuance the lawyer. “In the Paris region, where many employees go to work using public transport, it will obviously be difficult to sanction you if you do not arrive on time. On the other hand, if you can walk to your work, you will not have a valid justification. »
The best solution is to warn your employer in advance of the difficulties you may encounter in getting to work. An arrangement of schedules can be discussed, as can, for certain professions, the possibility of carrying out at least part of one’s day by teleworking.
