.png)
Employee obligations in the event of obstacles at work and the consequences of their breach
Every employer knows that obstacles at work on the part of employees – whether planned or unexpected – can affect the running of a company and the productivity of a team. But what if your employee fails to fulfill their obligation to inform you in a timely and proper manner? What are the risks involved and how can you effectively defend yourself?
At our law firm, we deal with companies on a daily basis that are facing problems due to frequent obstacles at work on the part of their employees. This article summarizes how the Labor Code regulates employee obligations and what you, as an employer, should pay attention to.
Author of the article: ARROWS (Mgr. Bc. Kryštof Pažourek, office@arws.cz, +420 245 007 740)
.png)
Employee's obligation to inform you in a timely manner – the basis for smooth operation
The Labor Code distinguishes between two situations:
- Obstacles known in advance – typically a scheduled doctor's appointment, blood or plasma donation, etc. Employees are required by law to inform you of these obstacles in a timely manner and, in the words of the law, “request” time off work. However, the term “request” is inaccurate here, because the employer is not entitled to refuse it, so it is not actually a request. A more appropriate term would be “notification” by the employee. Timely notification means notification in advance so that you can take measures to prevent any negative consequences of the employee's absence from work, such as finding a replacement, scheduling work among other employees, or rescheduling work.
- Unexpected obstacles – typically sudden illness/unexpected doctor's appointment. In such cases, the employee must inform you without undue delay, i.e. as soon as possible.
The employer's right to prove the obstacle
The employee must not only notify you of the obstacle in advance, but also prove it – for example, with a doctor's note or other objective evidence. If they fail to do so, you, as the employer, have the legal right to consider the employee's absence as unexcused, which may lead to further legal action, including termination of employment.
We recommend that you have internal procedures in place (e.g., guidelines) for requiring and recording evidence of obstacles to work from employees so that you can act quickly, effectively, and transparently if necessary.
Risks of an employee's failure to comply with the notification obligation
If an employee fails to comply with the notification obligation (reporting a planned obstacle) properly and in a timely manner, this can have serious consequences for both you and the employee:
If an employee fails to fulfill their reporting obligation (report a planned obstacle) properly and in a timely manner, this can have serious consequences for both you and the employee:
- unplanned work absences without the possibility of adequate replacement,
- increased costs associated with crisis management,
- breach of the employee's work obligations and the associated consequences,
- claims for damages from the employer.
How employers can prevent problems
- Define clear rules for communication about obstacles to work in your employment contracts
- and internal regulations.
- Require written notifications and documentation from employees and keep them on file.
- Respond flexibly but consistently – if in doubt, consult a lawyer.
- Educate management and HR staff about legal obligations and risks associated with obstacles at work.
Who else can help you with employment law?
.jpg)
A professional approach saves time, money, and the company's reputation
Workplace obstacles on the part of employees are a reality for every employer. The key to overcoming them is proper and timely communication and a solid legal foundation.
ARROWS Law Firm offers comprehensive legal support to companies of all sizes in the field of labor law. We will help you establish functional rules, resolve disputes, and prevent problems before they threaten the operation of your company.