What happens to workers affected by floods? Do you have a salary deduction? See what the law says | Work and Career

But what happens to workers prevented from carrying out their duties due to weather conditions? O g1 spoke with lawyers specializing in labor law to answer the main questions. See below.

Floods and other natural disasters are not included in the Consolidation of Labor Laws (CLT) as a justification for missing work. Therefore, in general, the employee may have their salary deducted if you do not attend service for this reason.

According to article 473 of the CLT, the employee may stop attending work without loss of salary in situations such as: the death of a spouse, marriage, birth of a child, blood donation, military service, illness or work accident, among others.

However, it is important to understand whether there are agreements or collective conventions between the company and the category union that provide for other situations in which the employee can be absent from work without a salary deduction.

According to Alessandra Cobo, a lawyer specializing in labor law at the firm Aparecido Inácio e Pereira Advogados Associados, If the employee does not show up due to flooding, “the situation may be considered a case of force majeure”.

The employee also has the option of making an agreement with the boss to compensate for absences. The lawyer highlights that there are court decisions in some states and municipalities “determining that the employer does not deduct the employee’s day if they prove absence due to flooding”.

The law does not provide for allowance for absences due to weather conditions. However, analyzing each situation, “It’s about common sense on the part of the parties and even fulfilling the company’s social function”explains Fernanda Maria Rossignolli, partner at HRSA Sociedade de Advogados.

“In cases of flooding, for example, punishing him with the deduction for the day not worked would be an excessive penalty. This could further compromise the financial situation of the employee, who is already harmed by the loss of their belongings and the flooding of their home,” says the expert.

• adoption of the teleworking regime (home office or remote work);
• anticipation of individual holidays;
• granting of collective vacations;
• use and anticipation of holidays;
• differentiated time bank regime;
• suspension of the requirement for payments from the Service Time Guarantee Fund (FGTS).

O period allowed for adopting the rules is up to 90 daysextendable for the duration of the state of public calamity.

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There is no maximum or minimum limit of days provided by law for absence from work due to weather conditions, considering that This is a force majeure situation that can last days, weeks, or even months – as happened during the Covid-19 pandemic.

“When this period becomes longer, employees and employers, often with the help of trade unions, organize other forms of work or compensation to avoid greater losses”, explains Rossignolli.

No. Although the employee may have salary deductions, flooding is considered force majeure. That’s why, the worker who is absent from work for this reason cannot receive a warning, suspension or be dismissed for just cause.

According to Fabio Medeiros, labor lawyer and partner at Lobo de Rizzo Advogados, the employee can be dismissed for just cause in situations of job abandonment for more than 30 days after being notified to return to work and still remaining absent without giving reasons.

Therefore, it is essential that the worker proves the situation that led to the inability to attend work and informs the employer about the absence. Situations must be assessed on a case-by-case basis, but it is the employee always has the obligation to prove and justify his/her absences.

“The most common thing is that employers become aware of employee absences in situations of force majeure, such as disasters caused by weather conditions, and do not consider absences as a reason for applying any disciplinary measure or dismissal”, says the expert.

O employee cannot be penalized if the workplace is flooded or inaccessiblesince the employer is responsible for the employee’s safety, says Luís Gustavo Nicoli, labor lawyer and partner at Nicoli Sociedade Advogados.

“In these cases, other alternatives can be considered, such as remote work, if applicable, negotiations for collective holidays, compensation for hours not worked, among others, always seeking a viable solution for employee and employer”, explains the expert.

Lawyer Luís Gustavo Nicoli highlights the need for an action plan for natural disasters, which includes effective communication between employers and employees, flexibility in work routines and assistance to affected workers.

“Companies can establish clear policies for emergency situations, contributing to the safety and well-being of employees, and align corporate social responsibility actions. Solidarity and mutual support between employers, employees and the community are fundamental to overcoming the challenges posed by large-scale disasters”, explains the expert.

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