Earlier this week wet weather and heavy traffic led to serious tailbacks on Flemish roads. Those who commute by car are sometimes unable to get to work on time due to long traffic jams. But can your employer dock your wages if you are late for work as a result? VRT Radio 1 asked legal expect Miet Verhegen what your rights are if heavy traffic makes you turn up late at your place of work.
Can your employer withhold your wages if you are late for work due to traffic jams?
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On Thursday morning an accident involving a truck caused long tailbacks on the Antwerp-bound E17 motorway. Thousands of motorists were stuck in traffic jams for more than two hours due to the resulting bottleneck. There was congestion elsewhere in the region too. At one point there was more than 280km of traffic jams Flemish motorways and highways. The Flemish Traffic Centre said that “The heavy rain has caused many accidents. But in the main it was a typical morning rush hour for October with wet weather conditions”.
Heavy rain or sleet
Bad weather and difficult driving conditions lead to a higher number of road traffic accidents. These in turn lead to traffic jams and traffic jams can cause you to be late for work.
Belgian labour law provides for wages to be docked under certain circumstances. Miet Vanhegen is a legal expert at the HR consultancy Acerta Consult. She told VRT Radio 1 that “In some unforeseen circumstances, such as sudden heavy rain or icy conditions, the employer cannot dock your wages if you are late.”
However, they can if, for example, “Roadworks have been announced in advance” and the resulting traffic congestion makes you late for work. Ms Vanhegen added that “An example is the work on the Vilvoorde Viaduct. This is structural work and we know in advance that it will lead to more traffic congestion”.
"The employee must take this into account and ensure that they is on time. If you cannot prove force majeure, your employer will not pay you for the time lost. Labour law states that you only receive wages for the work you perform."
“These rules also apply to someone who comes by public transport. In the event of an announced strike or a frequent delay, the employer often expects you to choose an alternative means of transport to get to work on time. But things are different in the event of a sudden strike.”
But how late is too late? “We are bound to working hours that you have agreed within the organisation you work for” Ms Vanhegen explained. There also flexi-time, here the employee can determine their own arrival and departure times. Flexi-time or not though “No matter how late you are, a case of force majeure will ensure all your normal working hours are reimbursed.”
Telework alarm
One option in the event of bad weather and traffic jams is to work from home. Even your employer does not organise telework, you can work from home in exceptional circumstances. Under labour law this is called “occasional telework”.
“This only applies in unforeseen circumstances. A classic example is the Tele-work alarm, when the government calls on us to work from home in extreme weather conditions. This way, accidents and traffic congestion are avoided”, Ms Vanhegen said.
However, not all employees work in the same place all the time. An example of this are sales reps. “They go from place to place for their work and are on the road a lot. They are an exception because they are not subject to the working time regulations. They can organise their own day. If they arrive at a customer later, they have to solve any issues themselves.”