According to Pro´s Head of Legal Services, Patrik Stenholm, the decisive factors from an employment law perspective are who is responsible for the interruption and whether the work can be carried out remotely.
– In principle, the employer is obliged to pay wages even in this situation, but there are exceptions.
The employer’s decision to close the workplace
If the employer decides to close the workplace, for example due to a security threat, the responsibility for paying wages usually lies with the employer. The same applies to situations where the employee is ready to carry out their work as normal, but is prevented from doing so for reasons attributable to the employer.
Official guidelines may change the situation
The situation may be more complex if the authorities close off an area or restrict movement due to a drone threat. In such cases, work is prevented for reasons beyond the control of both the employee and the employer.
According to Section 12(2) of Chapter 2 of the Employment Contracts Act:
“If the employee is prevented from working due to a fire, an exceptional natural event or another similar event affecting the workplace beyond the control of the employee or employer, the employee is entitled to pay for the period of the impediment, though not for more than a maximum of 14 days.”
– However, in this morning’s situation, it was not strictly speaking an incident affecting the workplace, but rather a potential security threat in Finnish airspace over Uusimaa Region, which led the authorities to urge citizens to stay indoors, says Stenholm.
Can an employer reduce an employee’s pay?
If an employee has been unable to work remotely during the morning, the employer’s ability to reduce pay is not clear-cut.
The situation can also be assessed through the employer’s duty of care under Section 3 of Chapter 2 of the Employment Contracts Act. The employer has a duty to ensure the safety of employees at work and to take exceptional circumstances into account.
The assessment may also take into account Section 23(1) of the Occupational Safety and Health Act, under which an employee has the right to refrain from work if the work poses a serious risk to the employee’s life or health.
– In practice, this may also extend to commuting if the authorities have issued a strong recommendation to avoid travel or to stay indoors. Although such a situation is unlikely to involve a widespread or immediate serious danger, official guidance is relevant when assessing the employee’s actions and the employer’s liability, says Stenholm.
Remote working solves many situations
Remote working can solve the problem in many sectors. If the work can be done from home, wages are paid as normal on the basis of the work performed.
– However, in a situation where an employee stays at home of their own accord without official guidance or an employer’s instruction, wages do not usually need to be paid, says Stenholm.
Clear rules are needed for exceptional situations
Potential security threats highlight the obligation of employers to draw up clear operating procedures for exceptional situations and to ensure that staff know how to act in such circumstances.
– This also shows that companies need more ongoing dialogue, not less. It is only through discussion that we can develop practices that support preparedness for unexpected situations, says Stenholm.