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Due to the yellow vest protests, and in particular due to unforeseen road blockades, company blockades or fuel shortages, some employees are no longer able to perform their work normally. Must the wage be paid for these days/hours not worked?
If the employee does not arrive at work or arrives too late due to unforeseen yellow vest road blockades, the cause is independent of his will.
In that case, the employer must pay the employee’s wage for the entire day.
If the employee is unable to start or continue work because access to the company is unexpectedly blocked by the yellow vests, the cause that prevents him from starting or continuing to work is independent of his will.
In this case too, the employer must pay the employee’s wage for the entire day.
If the employee is a driver who can no longer work because there is a lack of fuel due to the protests of the yellow vests (blocking of the supply depots), he is in principle entitled to temporary unemployment benefits.
The ONEm/RVA says in its instructions that the total impossibility to work can be qualified as force majeure.
The employer must submit a dossier to the unemployment agency responsible for the company's place of business. In that file proof must be provided that:
Note - If the employee works in a service station that is closed because of fuel shortages, he is in principle also entitled to temporary unemployment benefits due to force majeure.
The unemployment must, however, cover the entire day.
Source: ONEm/RVA Tech (181747/1).
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