want to know more about our services or want to chat with our experts? Visit one of our offices near you.
Increase your chances of success with our experts' help.
Our experts will give you the answers you seek.
Alter your business details via our one-stop shop for entrepreneurs.
Discover our practical tool for your social insurance dossier.
Want to know more about our services or want to chat with our experts? Visit one of our offices near you.
and reap the benefits of our social secretariat's support.
Take advantage of Partena Professional's expertise and knowledge
Discover the benefits we can give you as an accountant.
The public transport companies De Lijn, STIB/MIVB, TEC and SNCB/NMBS have announced that bus, tram, underground and train traffic may be heavily disrupted because their staff will take part in the trade union actions on 31 May.
As a consequence, it is foreseeable that some workers will arrive late or will be unable to get to work at all.
Does an employer have to pay staff for the working time not worked due to disrupted public transport?
Under Article 27, 1° of the Employment Contract Act of 3 July 1978, full daily wages are due to the worker if, at the time of reporting to work he is able to work and if he, getting to the place of work in a normal way, arrives late or fails to turn up at all, provided that this delay or absence are due to a cause that occurred on the way to work and that is independent of his will.
Workers who arrive late or do not arrive at all at their place of work because of disrupted public transport can, in principle, not be entitled to wages for the hours not worked.
The disruptions were in fact announced several days ago. The media widely reported this information. The reason for the delay or absence at work (disrupted public transport) is therefore not unexpected and comes before the worker's departure. Consequently, the worker could have made alternative arrangements to arrive to work on time.
=> Still, a good degree of common sense and understanding is required. Even if the worker takes all necessary measures (e.g. leaving earlier), he is not always sure whether he will arrive to work on time. It is also possible that the worker cannot make it into work because it is impossible to use his own car, he cannot be taken to work by a colleague or go on foot.
To avoid any subsequent dispute, employers are strongly urged to notify all their workers in advance that no pay will normally be granted to any worker for working time not worked on Tuesday 31 May 2016 due to disrupted public transport.
Workers who do not wish to suffer any loss of pay may, by agreement with their employer, take a day’s holiday or time off in lieu.
The Partena Professional website is a channel for making information available in an understandable form to affiliated members and non-members. Partena Professional strives to provide up-to-date information and this information is compiled with the greatest care (including in the form of Infoflashes). However, as social and fiscal legislation is constantly changing, Partena Professional cannot accept any liability for the correctness, the up-to-date or the completeness of the information consulted or exchanged via this website. Further provisions can be read in our general disclaimer that applies to every consultation of this website. By consulting this website, you expressly accept the provisions of this disclaimer. Partena Professional can unilaterally change the content of this disclaimer.