What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

There is no specific Brazilian law related to the employee asking an employer for a day off in the events like the World Cup.

However, as host of the World Cup, Brazil has passed the General Law of the World Cup, which authorizes the federal, state and municipal governments to determine a legal holiday in the days of any games. There are 12 cities that will host the games and, so far, a number of these already have authorized municipal holidays, including the day of the opening ceremony in São Paolo and partial holidays on June 18 and 25, and a whole day on July 4 in Rio de Janeiro.

Additional days could be granted, depending on the outcome of the playoffs.

Employers are not obliged to accept the employee´s request, except if there is any law declaring the days of games as a legal holiday.

In practice, employers will release their employees to watch the Brazilian games (entire day or hours, depending on each employer´s decision).

prolonged absenteeism (between a few days and
a month)?

Employees wishing to attend the World Cup or to be available to watch their favorite team should book holiday in the usual way.

Unauthorized absence is usually a disciplinary matter and could result in sanctions up to and including dismissal if appropriate.

Employers should remind employees of their absence policy and apply it consistently.

Employers should consistently manage unauthorized absence in accordance with existing disciplinary procedures.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The same rules apply for unauthorized short-term absence — although one-off absence (including leaving the workplace early or arriving late) is less likely to justify a final warning or dismissal in isolation.

Employers might have suspicions about post-match hangovers if an employee is late or claims sick leave the day after a big match. If not a genuine sickness, the employer could take disciplinary action.

Employers should monitor absence. If there are any unusual patterns during the World Cup, they can take action, but should not make assumptions and investigate thoroughly before taking any action.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Nationality is a protected characteristic under the Brazilian Federal Constitution. Foreigners and Brazilians should have the same treatment. However, such Federal Constitution principle is not absolute, as in some circumstances might result in different treatments.

If employers in Brazil want to offer flexibility in relation to matches involving the Brazilian team they are not obliged to offer the same flexibility to workers who are not Brazilians and want to support their home team. It will depend on each employer´s policy.

In relation to certain events or religious festivals, the Brazilian federal laws specify which days are considered as a legal holiday. Therefore, except as provided under the law (see above), the employer is not obliged to provide the employees with any days off for other religious or festivals days.

If an employee requests to be granted a day off in addition to the above, any flexibility and any applicable conditions shall be at the employer´s discretion.

the personal use of company information technology tools?

Employees with access to a computer might be tempted to follow their team’s progress using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game in working time.

This could have an impact on productivity and also affect the operation of the employer’s systems.

Disciplinary action is unlikely to be justified unless an employee is in breach of an existing policy of which the employee should already be aware.

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

If an employer monitors web and computer usage it will need to have it expressly provided in its IT policy with the employee´s proven awareness of it, because the employee must be aware that the system monitoring does not give privacy to the employee while using company IT tools and systems.

gambling and drinking alcohol in the workplace?

Anyone under the influence of alcohol in the workplace is likely to risk disciplinary action.

If, however, employers set up a social event and offer a drink to employees while they are watching a game together, they will need to ensure that employees are aware of the behavior expected and look out for the health and safety of all their staff.

Employers should apply their disciplinary policies fairly and consistently.

Employers remain responsible for their employees’ conduct during work organized activities. It is important to make clear that the employee shall not have any drink in violation of any law (traffic, health, etc.). Make sure that expected standards of behavior are clearly communicated in advance (for example, that there is a bullying and harassment policy in place).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

The employer has the right to determine the date of an employee’s holidays for the year, to be taken between October 1 of that year and April 30 of the following year. The employer must provide employees with at least 45 days advance notice of the holidays, although collective bargaining agreements may require other systems.

In general, the employer and employee typically agree on the holiday period.

prolonged absenteeism (between a few days and
a month)?

The employees can only miss work for holidays, illness or adequate cause. In a case of absence, the employee must justify the absence. In a case of noncompliance, the employee may be subject to disciplinary action and, in certain cases, if the absenteeism continues, may be dismissed.

The employer and employee may agree to a holiday or an unpaid leave.

In cases of unjustified absences, we suggest that the employer first apply a small disciplinary measure (such as a warning) and, in cases of reiterated absences, increase the severity of said measure.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The employer has the right to organize the labor schedule as long as it is within legal parameters, and the employee must abide by that schedule.

Despite the fact that employees must stay at work during the whole workday, it is common practice to authorize them to leave their position for a few hours if necessary (e.g., a visit to the doctor, which is usually authorized by companies without any impact on an employee’s salary). It is common practice for companies in Argentina to allow employees to leave their work position to watch the Argentine team’s football matches. However, the employee must notify the company of such a short-term absence; otherwise, the company may sanction the employee.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

SECTION 17 and SECTION 81 of the
Labor Contract Law No. 20.744.

It is a common practice for companies in Argentina to allow employees to leave their working position to watch the Argentine football team’s matches. Of course, not all employees are obliged to watch the matches, but employee attendance to these types of events in Argentina is high since Argentine society is very keen on football. Thus, we consider that the risks related to a complaint by an employee against other nationals or simply not interested in football on ground of discrimination are low or remote.

the personal use of company information technology tools?

SECTION 87 and 70 Labor Contract Law
No. 20.744

In Argentina, the company’s IT tools are considered the company´s property; therefore, the company is allowed to filter employee Internet use and check the employee’s e-mail content. However, companies should be careful in doing this since an employee may claim invasion of privacy. It is advisable to duly notify the employees in advance about its use of Internet filters and checking employee emails.

gambling and drinking alcohol in the workplace?

SECTION 67 and Labor Contract Law
No. 20.744.

The employer can sanction an employee who comes or returns to work visibly under the influence of alcohol (i.e., after watching a football match in the workplace). Depending on the seriousness of the infringement and any damages the employee may cause due to his/her intoxicated state, he/she may be reprehended or admonished by the employer.

Moreover, in Argentina gambling is reprimanded by law.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Paid annual leave may be taken for a period agreed between the employee and the employer. Employers must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

Employers may refuse a request for leave if, for example, there has not been sufficient notice given; the leave is inconsistent with the needs of the business; or alternative resourcing arrangements cannot be organized.

Employers might be tempted to be more flexible during an event like the World Cup but should ensure that they have a clear leave policy and act consistently in considering reasonable requests for leave to avoid potential discrimination claims (see below).

prolonged absenteeism (between a few days and
a month)?

Employees wishing to watch their favorite team should arrange annual leave in the
usual way.

Unauthorized absence is usually a disciplinary matter and could result in disciplinary sanctions up to and including dismissal, if appropriate.

Employers could remind employees of their leave policy and should apply it consistently.

They should also manage any unauthorized absence in accordance with their usual processes. Again, employers need to be consistent.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The same rules apply for unauthorized short-term absence — although one-off absences (including leaving the workplace early or arriving late) is less likely to justify a final warning or dismissal in isolation.

Employers might have suspicions about post-match hangovers if an employee arrives late or claims personal/sick leave the day after a big match. If not genuine sickness, the employer could seek satisfactory medical evidence and could potentially take disciplinary action.

Given the time difference with Brazil, some matches will fall within the working day. However, many of the matches will occur in the early hours of the morning, possibly resulting in post-match hangovers.

Communication between employers and employees is important, as it may be possible to negotiate a satisfactory outcome for both parties (e.g., the employee may be able to come in late to work, as long as those hours are made up elsewhere in the day/week).

Employers should already be monitoring absence: If there are any unusual patterns during the World Cup they can take action but employers should not make assumptions and should investigate thoroughly before taking any measures.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

It is possible that an employee could bring a direct discrimination claim if, for example, they could establish that they were treated less favorably – including due to their race, their nationality or national origin – than another employee of a different race, nationality or national origin in materially similar circumstances. This could potentially arise in approving flexibilities for World Cup games.

Applying different criteria or practices during the World Cup could also lead to inadvertent indirect discrimination in the future depending on the circumstances and the condition or requirement imposed.

This requires careful analysis of the facts to determine whether the operation of the condition or requirement has the effect of being less favorable to a particular employee or group of employees of a particular race, sex, age, religion, and that the condition or requirement was not reasonable in all the circumstances.

If employers in Australia want to offer flexibility in relation to Australian matches they should consider offering similar arrangements to employees who are of different national origins and want to support another team.

To avoid possible indirect discrimination claims, it will be necessary to consider each situation on its facts and apply a consistent approach to considering requests for flexibilities in working hours. There may be other legal considerations and obligations that could arise (e.g., requests by eligible employees for flexible working arrangements under the Fair Work Act).

Any flexibility and any applicable conditions should be agreed with relevant employees before the event.

the personal use of company information technology tools?

Employees with access to a computer might be tempted to follow their team’s progress using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game in working time.

This could have an impact on productivity and also affect the operation of the employer’s systems.

Disciplinary action is unlikely to be justified unless an employee is in breach of an existing policy of which the employee should already be aware (e.g., use of the intranet).

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

If an employer wants to conduct surveillance of an employee in New South Wales or the Australian Capital Territory, including through monitoring their web and computer usage, it will need to notify employees in advance and comply with relevant surveillance legislation.

gambling and drinking alcohol in the workplace?

Different organizations will have different requirements and legal obligations in relation to alcohol in the workplace depending on the industry in which they work and the role of the employee.

If, for example, employers set up a social event and supplied alcohol to employees while they are watching a game together, they will need to ensure that employees are aware of the behavior expected, comply with relevant laws, and look out for the health and safety of staff.

Employers may be responsible for their employee conduct during work organized activities.

Employers should consider whether they require a specific alcohol policy for their organization or for specific roles.

Employers should also consider whether it is necessary to remind employees of their obligations in respect of drinking responsibly and appropriate workplace behavior prior to a work-related event. For example, an employer could send out an email to employees prior to the event with a link to relevant policies (e.g., alcohol, work health and safety, bullying, harassment and discrimination policies).

Having a policy and/or reminding employees of expectations in advance of a function should assist with any disciplinary action taken against an employee for inappropriate behavior.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

In Belgium, the holiday dates are either decided collectively for the whole company or individually between the employer and the employee.

The employee can therefore never unilaterally decide his holiday dates. Mutual consent will always be necessary.

The employer can also refuse holidays requested on short notice if such a refusal is proportionate.

Alternatively, an employee whose holiday request was not approved and who does not turn up at work can be sanctioned for work refusal, exposing himself to sanctions including, in extreme cases, dismissal for just cause.

It should be verified whether a procedure regarding holidays was inserted in the work rules or the individual employment agreements.

If no rules were inserted, the holiday dates should be decided in mutual consent with each employee.

It is best to ask all employees of a department to plan ahead to ensure continuity.

prolonged absenteeism (between a few days and
a month)?

If the employee is absent from work without any justification, it is possible (and even recommendable) to issue a warning letter.

Multiple unjustified absences are generally accepted by courts as a dismissal for just cause.

Doctrine is however divided upon the question “as of when” an unjustified absence justifies a dismissal for just cause. As a general guideline, at least three warnings must have been issued to the employee or the employee must have been absent for four consecutive days in order to justify dismissal for “just cause” (i.e., without any notice period or indemnity in lieu of notice).

Employers should remind the employees of the sanctions that could apply in case of unjustified absence. These sanctions need to be mentioned in the work rules and can vary from unpaid leave to dismissal for just cause.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The employer and the employee can temporarily agree to adapted working hours.

A temporary change to the normal working hours can allow the employee to commence or stop his working day earlier or later.

These alternative working hours ideally are convened on in an addendum to the employment contract. The alternative schedule also needs to be posted in the work place. If not, the social inspectorate could argue that the extra hours the employee is present at the work place, qualify as overtime. At the very least a written trail of the adapted work schedule (e.g., e-mail) is required.

In case a lot of absenteeism is to be expected, the employer can opt for an alternative working schedule for the duration of the tournament.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Belgian Anti-Discrimination Acts of
10 May 2007.

Changing working time schedules based on some football matches is allowed under Belgian legislation.

In principle, all employees will benefit from the arrangement: some to watch football, others to spend more time on other matters.

Because of the potential benefit for all employees, and because an employee must demonstrate loss to make a claim, it would be difficult to act against his employer for discrimination.

the personal use of company information technology tools?

Belgian Act of 3 July 1978 on Employment Contracts.

National Collective Bargaining Agreement n. 81 of 26 April 2002 with regard to employees’ privacy towards network electronic data monitoring by the employer (CBA 81).

Employees must perform their work in line with their employment terms and conditions.

Use of IT tools may be regulated by the employer. The employer may prohibit private use of professional equipment and therefore limit the access to certain websites or equipment functionalities that would not be “necessary” to the performance of work.

However, privacy protection rules still apply where an employer monitors Internet and IT use by employees.

Therefore an IT monitoring policy should be established upfront, in accordance with CBA 81 requirements, to allow the employer to monitor IT equipment use by employees.

During the coming weeks, employees will be tempted to follow the results of their favorite team on company IT tools.

Employers could decide to restrain access to websites in this regard. In addition, and in any case, employers could also send all employees a reminder of the content of their IT policies and the possible “professional use only” rule. In the absence of a compliant IT policy, employers should exercise caution when monitoring IT.

gambling and drinking alcohol in the workplace?

National Collective Bargaining Agreement n. 100 of 1 April 2009 (CBA100) and Belgian Act of 4 August 1996 on Well-Being in the Workplace.

Belgian Act of 7 May 1999 on Gambling, betting activities and the protection of players.

There is no general regulation prohibiting alcohol consumption in the workplace. However, employers are required to establish a preventive alcohol and drugs policy.

Such policy may forbid alcohol consumption in the workplace. However, this does not prevent some “exceptional” circumstances where reasonable consumption would be allowed (e.g., social events).

If employees are allowed to watch a game on the employer’s premises, employers should be reminded of the company’s applicable policy. Collectively watching the game does not excuse employees from strictly complying with the applicable policy.

If an employer make exceptions and allow some alcohol consumption, it should be consistent with the company’s policy and moderate in nature.

Organizing any form of gambling is usually strictly regulated and may require a specific license if a bet for value is made by any participant in the expectation of possible gain.

However, with regard to the World Cup, the Belgian Gaming Commission shows some latitude with regard to small bets and limited winnings on the win-lose-draw outcome (only) of matches. No person under the age of 18 may take part.

However, an employer should not officially organize such games and prohibit any reference to their company. Employers should also avoid using the company’s IT equipment to host such games.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

It is up to the employer’s discretion to allow
an employee to take vacation time on short notice.

It is best practice to ensure consistency in the employer’s approach. Employers should strive to adhere to the company policies used throughout the organization in this regard.

prolonged absenteeism (between a few days and
a month)?

There is no statutory protected leave for watching sports.

If an employee is absent for a prolonged period without the permission of the employer or other good reason (such as illness or injury), the employer may be able to discipline the employee up to and including termination of the individual’s employment. The degree of discipline will depend on the facts and circumstances surrounding the employee’s absence.

Employers should consistently apply company policies regarding any permission granted or progressive discipline for absenteeism related to the World Cup.

Prior to initiating any disciplinary steps, the employer should seek information from the employee as to the reason(s) for the prolonged absenteeism.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

There is no legal requirement to allow an employee to be absent from work as related to the World Cup.

It is at the employer’s discretion as to whether short-term absences for these reasons are permitted. If an employee is absent without permission or good reason, depending on the particular circumstances, the employer may be able to discipline the employee.

Employers should consistently apply company policies regarding any permission granted or progressive discipline for absenteeism related to the World Cup.

Prior to initiating any disciplinary steps, the employer should seek information from the employee as to the reason(s) for the absenteeism.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Depending on the jurisdiction in Canada, prohibited grounds of discrimination may include “place of origin,” “national or ethnic origin,” or “nationality/citizenship.” Generally, employers cannot discriminate against employees on these grounds in the applicable jurisdictions. If the work hours are changed to accommodate World Cup games generally without regard to nationality, this is unlikely to give rise to a claim of discrimination.

If the current work hours are a fundamental term of employment, and an employer unilaterally changes those work hours without the consent of the employee, the employee may claim constructive dismissal. This is not likely a significant risk for a short-term temporary change.

Employers should consider the impact of implementing a unilateral change to a term or condition of an individual’s employment.

Caution should be exercised if the employer’s actions will result in an adverse impact for employees on the basis of a prohibited ground of discrimination.

the personal use of company information technology tools?

It is at the employer’s discretion to permit use of company IT tools for personal use.

Whether or not an employer permits personal use of company IT tools may impact an employee’s reasonable expectation of privacy with respect to the information or use of the
IT tools.

It is best practice for employers to have an IT policy outlining the accepted use of company IT tools and the expectations of privacy with respect to the use of those tools.

Employers should strive to consistently apply company policies throughout the organization in this regard.

gambling and drinking alcohol in the workplace?

It is at an employer’s discretion as to whether gambling and/or drinking alcohol in the workplace is permitted.

If an employer is going to permit gambling and/or drinking alcohol, it should ensure compliance with applicable legal and regulatory requirements in this regard.

Employers should consistently enforce workplace policies to ensure appropriate workplace behavior when engaging in these activities.

If drinking is permitted, an employer should notify employees that they should not drink and drive and that alternative arrangements should be made if they intend to drink alcohol at the workplace event. Taxi chits may be provided.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Section 8 and 20 of the Annual Holidays Act.

The employer determines the timing of all holidays after hearing from the employees. The employee has to be notified of the holiday at least two weeks in advance.

The employer is not required to allow the employee to take holidays at a short notice. In fact, as long as the holidays are taken during the holiday season, the employer determines when the employees can take their holidays.

It is of course advisable to listen to the employee’s wishes and try to be as flexible as possible. However, since the dates of the games during the upcoming World Cup have been known for months, the employer may reasonably require that the employees should have brought up the issue already when they were heard regarding the timing of the summer holiday.

prolonged absenteeism (between a few days and
a month)?

Chapter 7, Section 2 and Chapter 8, Section 3 of the Employment Contracts Act.

Groundless absence by the employee may be a reason for the employer to terminate the employment agreement.

Should an employee be absent for a week without, during that time, providing a justifiable reason for the absence, the employer may treat the employment as terminated effective from the beginning of the absence.

An employer has the right to terminate the employment agreement with an employee who has been absent without permission unless the employee provides a justifiable reason for the absence, such as illness.

Generally, the employer needs to issue a warning to the employee before termination. However, this is reviewed on a case-by-case basis.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Chapter 7, Section 2 and Chapter 8, Section 3 of the Employment Contracts Act.

Even a short-term absence may be considered a breach or neglect of the employee’s duties and thus constitute legal ground for a warning or termination of the employee’s employment depending on the severity of the breach.

The severity of a short-term absence is reviewed on a case-by-case basis and can vary significantly depending on how the work is arranged, how much freedom the employee has in respect of the arrangement of his/her working hours and what kind of instructions, if any, the employer has given regarding the matter.

Repeated short absences are more likely to constitute a justifiable ground for termination than a single incident, especially if the employee has already been issued a warning due to the absences.

Should the employer see this as a problem, the employer may wish to impose clear guidelines and notifies the employees of these before the World Cup begins.

Also, to keep the employees happy and motivated, it is of course advisable to be as flexible as possible and to not intervene as long as the work gets done in a proper and timely fashion.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Chapter 2, Section 2 of the Employment Contracts Act.

All employees must be treated equally and the employer cannot discriminate or treat employees differently due to nationality.

Unfortunately, Finland did not qualify for the World Cup so this issue is unlikely to pose any major issues. However, should a workplace favor one national team ahead of others, it might create negative tension.

If all employees may not be given equal opportunity to follow their favorite team, it would be advisable not to allow the World Cup to be watched at all during working hours. If the employer still wants to arrange some possibility to watch the games, this could be limited to predefined games, such as the quarterfinals or the final, regardless of the teams involved.

the personal use of company information technology tools?

Chapter 1, Section 1 and Chapter 3, Section 1 of the Employment Contracts Act.

The employer is entitled to direct and supervise the employee’s work. The employee is obliged to do his/her job with care and follow the employer’s orders.

Work time and IT tools provided by the employer are mainly meant for work purposes, and the employer is not required to accept that the employees attend to personal matters during working hours or uses the IT tools for private purposes.

However, as long as the employee is able to fulfill his/her duties and does not disturb other employees, the employer generally has no reason to intervene, and using the IT tools for private purposes in a limited manner is generally tolerated in Finland.

We note that the earliest games begin at 7 p.m. local time and thus games take place outside the regular working hours in Finland. Still, if the possibility to follow the games can be arranged without affecting work — for example, by allowing the employees to listen to the radio broadcast from Brazil — the employer should consider such options to maintain a positive working atmosphere.

gambling and drinking alcohol in the workplace?

Chapter 7, Section 2 of the Employment Contracts Act.

Gambling or drinking alcohol in the workplace or appearing in the workplace intoxicated may constitute a breach of the employee’s obligations.

The employer is entitled to define the rules of the workplace and the behavior expected from the employees during working hours. Under no circumstances is the employer is obliged to allow gambling or drinking alcohol in the workplace.

If such behavior is seen as a potential issue and there is no established practice in this regard in the workplace, the employer should impose clear guidelines concerning the matter and notifies the employees of these before the World Cup begins.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

The time period during which the paid leave must be taken and the order of departure are determined by the collective bargaining agreement or the employer. Changing the date of the paid leave is possible but must be asked at least one month before the date of initial departure.

Unauthorized leave is a reasonable cause for dismissal.

More flexibility is possible, but it is at the discretion of the employer.

prolonged absenteeism (between a few days and
a month)?

Absenteeism (i.e., leave without employer’s authorization) can be a fair ground for dismissal or other sanctions (e.g., limited suspension of the employment agreement without pay).

Before taking action against the employee, it is common practice to send a letter asking for the reasons of the leave (as the employee might have a good reason to explain such absence).

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Unjustified absences and delays can justify disciplinary sanctions which are defined by internal rules.

The employee may be sanctioned only after a disciplinary procedure, which must be launched within two months. Such a procedure would include a preliminary meeting if the envisaged sanction has an impact on presence, function, career or salary.

The employer can adapt collective working time to the match schedules, in some cases subject to consultation of Works Council.

In practice, the employer might prefer to have informal agreements with football fans so they adapt their working hours to watch games (without reducing their total working time).

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Equality of treatment applies only in cases of different remuneration (equal pay principle). Thus, adapting working time with the games should not give grounds for valid claims to employees who have no interest in football.

If the planning is modeled solely on the games of the national team, there is a risk of discrimination on grounds of nationality against employees of another nationality supporting another team.

A fair compromise is to provide a time period within which any game could be watched or replayed, based on employees’ choices.

the personal use of company information technology tools?

Personal use of IT tools is possible as long as that it does not affect the performance of work.

The employer might want to control the personal use of IT tools to ensure the execution of work, as long as it does not hurt any fundamental rights such as freedom of speech and opinion.

gambling and drinking alcohol in the workplace?

Workers are generally not allowed to drink alcohol or gamble in the workplace. This should be reflected in internal regulations.

Occasional consumption of alcohol might not legitimate a dismissal, except when it may affect the safety of others. Other sanctions might nevertheless be envisaged, such as a limited suspension of the employment agreement without pay.

For example, dismissing an employee for consuming alcohol during a firm celebration without permission has been considered as unfair, even if it occurred in the workplace and during his working time.

To fulfill their safety obligations, the employer is entitled to conduct an alcohol test proportionate to the tasks conducted by the employee who should also be able to go through a second one.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

In Germany, there are no minimum notice requirements for taking annual leave, but employers can impose a certain notice by vacation policy and may therefore not be able to approve the vacation before the relevant match. In such cases, the employee is not allowed to go on vacation. The employer can also refuse leave due to urgent business needs.

Employers might be tempted to be more flexible during an event like the World Cup but should ensure that they have a clear absence policy and act consistently (during the World Cup and in relation to other events) to avoid potential discrimination (see below).

prolonged absenteeism (between a few days and
a month)?

Employees wishing to attend the World Cup or to be available to watch their favorite team should book holiday in the usual way.

Unauthorized absence is usually a disciplinary matter and could result in sanctions up to and including dismissal, if appropriate.

Employers should remind employees of their absence policy and apply it consistently.

They should also manage unauthorized absence in accordance with their disciplinary procedures.

Again, employers need to be consistent.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The same rules apply for unauthorized short-term absence – even a one-off absence (including leaving the workplace early or arriving late) will justify a final warning and – if repeated – even a dismissal.

Employers might have suspicions about post-match hangovers if an employee is late in or claims sick leave the day after a big match. If not genuine sickness, the employer could take disciplinary action.

Given the time difference with Brazil, few German matches will fall within the working day other than for employees who work a late shift. Football fans are more likely to have a late night out (or at home) to watch a game.

Employers should already be monitoring absences: If there are any unusual patterns during the World Cup they can take action, but should not make assumptions and investigate thoroughly before doing so.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Nationality is a protected characteristic under the German Anti-Discrimination Act: Employees and workers should not be treated less favorably on the basis of or for a reason related to their nationality.

Given that not everyone likes football, applying different criteria or practices during the World Cup could lead to inadvertent indirect discrimination: What about employees who wish to take absences for religious festivals or to follow their favorite athletes at other big events?

If employers in Germany want to offer flexibility in relation to matches involving the England team they should offer similar arrangements to employees and workers who are not German and want to support their home team.

To avoid indirect discrimination a consistent approach should be taken throughout the year to similar events.

Any flexibility and any applicable conditions should be agreed and communicated clearly before the event.

If a works council is established, such guidelines must be agreed upon by the works council.

the personal use of company information technology tools?

Employees with access to a computer might be tempted to follow their team’s progress using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game in working time.

This could have an impact on productivity and also affect the operation of the employer’s systems.

Disciplinary action is unlikely to be justified unless an employee is in breach of an existing policy of which the employee should already be aware.

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

If an employer monitors web and computer usage, it will need to get the written consent of the employees in advance and comply with the Federal Data Protection Act.

If a works council is established, such monitoring must be agreed upon by the works council.

gambling and drinking alcohol in the workplace?

Anyone under the influence of alcohol in the workplace is likely to be at risk of disciplinary action.

If, however, employers set up a social event and offer a drink to employees while they are watching a game together, they will need to ensure that employees are aware of the behavior expected and look out for the health and safety of all their staff.

Employers should apply their disciplinary policies fairly and consistently.

Employers remain responsible for their employees’ conduct during work organized activities. Make sure that expected standards of behavior are clearly communicated in advance (e.g., that there is a bullying and harassment policy in place).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Employees are, under relevant laws, generally entitled to leave, but need to provide a minimum notice (between three to 15 days) for availing such leave. However, as a general rule, under the employment laws, employers are free to make more beneficial rules for employees.

Employers may consider revising the policy to provide flexibility to reporting managers, such as to relax the minimum notice period for availing leave.

prolonged absenteeism (between a few days and
a month)?

While this is typically governed by the contract (which would provide for prolonged absenteeism as a ground for termination), there is case law in India to the effect that prolonged absenteeism, without the employer’s permission, can be treated as voluntary abandonment of service by the employee, entitling the employer to terminate the employment. While in the context of these cases the periods of absenteeism were for several months, in the case of certain industrial establishments, the laws provide for similar consequences for absenteeism for periods of eight to 15 days.

The employer should have in place a clear policy to discourage such behavior. Any flexibility or ambiguity in this regard could result in abuse.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The laws generally provide that such short-term absences can be treated as absenteeism, inviting as consequence, loss of pay, or being treated as misconduct resulting in imposition of monetary penalties or even termination. However, as mentioned earlier, employers are generally free to make more beneficial rules for employees.

Employers may consider revising the policy to provide flexibility to reporting managers, to permit such short-term absences with prior permission.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Such a situation is not covered by Indian discrimination laws.

An employer may consider changing the official timings, as it may have a positive impact on work efficiency. As a precedent, during the Cricket World Cup in 2011, many Indian employers altered their office timings to enable employees to watch a key match between India and cricket archrivals Pakistan.

the personal use of company information technology tools?

This is typically governed by the employment contract, which would include the IT policy of the employer.

An employer desirous of preventing live streaming of football matches by employees on their computers at the workplace may consider imposing firewall restrictions on live streaming.

Employers may also, with due notice to employees put in place a policy (if there isn’t already one) of monitoring use of employer-provided IT assets and put in place measures to check their abuse.

gambling and drinking alcohol in the workplace?

While this would be governed by contract, in the case of certain industrial establishments, the laws consider gambling or drunkenness in the work place as misconduct inviting disciplinary proceedings pursuant to which employers may suspend or dismiss the concerned employee.

State-specific laws would have provisions regulating gambling and serving alcohol, which would also need to be complied with.

The employer would need to carefully weigh various considerations such as loss of productivity versus boosting the morale of employees, the requirements of law, and the possibility of employee demands for similar flexibility for future events, while formulating any policy in this regard.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Under the national collective labor agreement (NCLA) and Italian Civil Code (article 2109), employees are granted four weeks of holidays per year. Two weeks of holidays must be taken continuously.

Normally, at the beginning of the year, the employer informs the employee about the entitled annual holiday period.

The employee can require holidays, but with an adequate notice to allow the employer to organize the working activities.

Should the employee require holiday days at “very” short notice, the employer may not authorize it. It depends on the procedure implemented within the company.

To adopt a policy which rules specifically the way to apply for holidays (notice, length, procedure, etc.).

The employer cannot just reject an employee’s holiday request, but should ground its decision on valid reasons (such as organizational and productive reasons).

prolonged absenteeism (between a few days and
a month)?

The absence of the employee from the workplace always has to be justified; otherwise the employee can be subject to disciplinary procedure.

The employee has to immediately inform the employer of his/her absence before the working day starts.

He/she has to justify his/her absence by sending to the employer a sickness certificate. This is normally ruled by the NCLA.

As long as the absence is justified, the employee can stay at home from one day up to a maximum of 180 days (a period during which the employee cannot be dismissed).

For other reasons, the employee can ask in advance for a paid permit (normally it is for one day), but the employer has to authorize it.

If the company has some concerns over the employee’s sickness, it can ask the National Health Service (INPS) to send a doctor to check the effective sickness of the employee.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

See above.

Normally, if the employee arrives late at work, he/she has to immediately inform the employer and he/she has to make the time up during the day, i.e., leaving later.

The employee cannot leave the workplace earlier without authorization from his/her line manager.

Any absence has to be authorized; if not, the employee is subject to disciplinary action.

The company position should be clear: (i) to propose to all the employees any permission in advance for football matches or (ii) to clearly forbid them.

If the lateness is not justified but it is the first episode, we may suggest notifying the employee with a letter inviting him/her to respect working hours and the duty of diligence.

If the employee does not modify his/her conduct, the company may intervene with disciplinary action.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

If the company adapts working time for the specific purpose of allowing fans of the national team to follow the matches, other nationals may claim discrimination on the ground of nationality, although traditionally and culturally discrimination claims are not frequent in Italy.

On the contrary, those employees not interested in football would not have a valid ground to claim the existence of a discrimination, as the choice to support or not a football team do not seem to fall within the “personal beliefs” protected by Italian legislation.

If the employer has different nationals in its workforce, it may be advisable to offer to non-Italian employees similar adaptation to allow them to follow their own national teams (including granting ad hoc paid or unpaid leave).

the personal use of company information technology tools?

Unless otherwise established by company policies and/or regulations, the personal use of company IT tools is admitted to the extent it is limited and does not negatively affect the performance of the working activity (or, of course, the company IT tools’ correct functionality).

The employer’s control of the use of IT tools by employees during the working activity is subject to strict limits, under penalty of civil and criminal sanctions.

Two different paths may in principle be followed:

–      The use of company IT tools to watch matches or to follow the national team is expressly prohibited, both during and outside working time, as affecting the working activity or potentially prejudicial for the company’s IT systems.

–      The use of company IT tools to watch matches is permitted, but through precise rules. To this regard the employer should (i) indicate specific time slots during which the use is allowed; (ii) impose limits to avoid and expressly prohibit illegal downloading/breach of copyrights through the use of company IT tools; (iii) specify that, during such time slots, the company may control the correct use of IT tools; (iv) obtain the employee consent to be subject to the control under point (iii) obtain consent to the processing of personal data potentially connected with such controls.

gambling and drinking alcohol in the workplace?

As a general rule, gambling and drinking alcohol in the workplaces are not allowed to the extent that they interfere with the performance of the working activity or they are prohibited by criminal sanctions (e.g., gambling which is not authorized online gambling).

If gambling and drinking alcohol should take place when the employees should be in the company’s premises watching matches on TV or on IT tools, and therefore formally “off duty”, the prohibitions that would normally apply during the performance of their working activity may have a more limited enforcement.

To the extent the employees should be allowed to watch the matches in the company’s premises while off-duty, e.g., watching a company TV or using company TV devices, a specific policy should be adopted, prohibiting any gambling and drinking alcohol and in general introducing specific “etiquette rules” to avoid interference with those at work (e.g., loud voices or singing, or the playing of instruments).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

In Japan, there is no clear law regulating the timing of the notice of paid leave. A notice that is provided one day before the leave generally is sufficient.

Some companies have their own internal rules for the procedures for paid leave. Employers should consider creating clear rules if they have not done so already.

prolonged absenteeism (between a few days and
a month)?

Employees wishing to attend the World Cup or to be available to watch their favorite team should book holiday in the usual way.

Unauthorized absence is usually a disciplinary matter and could result in sanctions up to and including dismissal if appropriate.

Employers should remind employees of their absence policy and apply it consistently.

They should also manage unauthorized absence in accordance with their disciplinary procedures. Employers need to be consistent.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The same rules apply for unauthorized short-term absence – although one-off absence (including leaving the workplace early or arriving late) is less likely to justify a final warning or dismissal in isolation.

Employers might have suspicions about post-match hangovers if an employee arrives late or claims sick leave the day after a big match. If not genuine sickness, the employer could take disciplinary action.

Employers already should be monitoring absence: if there are any unusual patterns during the World Cup, they can take action but should not make assumptions and should investigate thoroughly before doing so.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Nationality is a protected characteristic under the Article 3 of Japan’s Labor Standards Act: employers cannot treat employees differently on the basis of their nationality, creed or social status.

Given that not everyone likes football, applying different criteria or practices during the World Cup could lead to inadvertent indirect discrimination: what about employees who wish to take absences for religious festivals or to follow other sports event, such as Japan’s professional baseball game, that might have a different audience?

If employers in Japan want to offer flexibility in relation to matches involving the Japan team, they should offer similar arrangements to employees and workers who are not Japanese and want to support their home team.

To avoid indirect discrimination, a consistent approach should be taken throughout the year to similar events.

Any flexibility and any applicable conditions should be agreed and communicated clearly before the event.

the personal use of company information technology tools?

Employees with access to a computer might be tempted to follow their team’s progress using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game in working time. This could have an impact on productivity and also affect the operation of the employer’s systems.

Disciplinary action is unlikely to be justified unless an employee is in breach of an existing policy of which the employee should already be aware.

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

If an employer monitors web and computer usage, it will need to notify employees in advance. Personal use of company’s IT systems should be allowed if it is conducted during break time, to a reasonable degree, and to the extent it will not affect ordinary business operations.

gambling and drinking alcohol in the workplace?

Gambling is a crime in Japan.

Anyone under the influence of alcohol in the workplace is likely to be at risk of disciplinary action.

If, however, employers set up a social event and offer a drink to employees while they are watching a game together, they will need to ensure that employees are aware of the behavior expected and look out for the health and safety of staff.

Employers should make sure that employees do not gamble over the World Cup games.

Employers should apply their disciplinary policies fairly and consistently.

Employers remain responsible for their employees’ conduct during work-organized activities. Make sure that expected standards of behavior are clearly communicated in advance (for example, that there is a bullying and harassment policy in place).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

The employer is required to deliver to the employees an annual certification of the vacation days the employee is entitled to take according to law and to his/her contract. However, there is no specific time in advance or notice period under which the employees shall ask for their vacation days and such can be regulated in internal policies.

The company could grant its employees vacation days for attending to the World Cup or for watching the games at home (or elsewhere), as long as the vacation does not affect the schedule, production or commitments of the company in general. The company could limit such request to a certain number of employees on a first-come, first-served basis.

prolonged absenteeism (between a few days and
a month)?

Mexico’s Federal Labor Law (LFT) provides that the employee can only miss work during (i) vacation days taken and authorized by the company; (ii) mandatory holidays; (iii) justified medical leave authorized by a physician of the Mexican Social Security Institute; and (iv) paid or nonpaid leaves authorized by the employer. Any other leave or absence not justified under the above would be deemed unjustified. If the employee accumulates more than three unjustified absences during a period of 30 calendar days, the employer could end the employment for cause.

Any nonauthorized or unjustified absence must  be approved in advance (even during the World Cup). It is recommended that the employer establish a policy for allowing the employees to ask for paid leave or non-paid leave on a limited number of occasions and on a first-come, first-served basis.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Employers are entitled to terminate employment for cause if the employees miss work (without authorization or justification) for more than three days during a period of 30 calendar days, and being late can be considered by the employer as an unjustified absence.

Many employees use their three unjustified absences wisely in order not to fall under the relevant termination for cause provision (more than three unjustified absences during a 30-day period). Some employees instead leave work for a few hours, which while not regarded as a termination for cause reason, is something that can be sanctioned.

The best way to avoid these employee behaviors is to let them watch certain games in designated spaces without disturbing other co-workers who may not be interested or that are not able to watch the game due to work commitments.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

The law mentions that the employer cannot discriminate for reasons of gender, nationality, race, religion, etc. However, the choice of a company to let the majority of the employees of a nationality watch the game of their national team shall not be regarded as discrimination against foreign national employees or other employees not permitted to watch the game of their own national team, since the discrimination issues protected by law have to do with matters related to equal employment opportunities and work conditions only.

To avoid any confusion or which games may be watched by the company, it should communicate this to the employees in advance so they know what to expect. If the company has many foreign nationals, it could also grant them the opportunity to watch one or two games of their team in designated areas.

the personal use of company information technology tools?

Use of a company’s tools for purposes other than work can lead to a sanction against the employee depending on the Internal Labor Regulations provisions in such matters, but even impairing or damaging the IT tools due to downloading nonsecure sites or streaming channels for watching the games could lead to a termination for cause action against the employee.

The company should expressly remind the employees that computers and other IT tools of the company cannot be used for watching the games or downloading any nonauthorized program or streaming channel. In such regard, it would be advisable to have a designated area with a TV installed for watching certain games allowed by the company.

gambling and drinking alcohol in the workplace?

The LFT prohibits drinking and gambling in the workplace.

Gambling and alcohol often give rise to inappropriate behavior in the workplace; thus, employers should remind the employees that both activities are not permitted and that sanctions would be imposed on those who engage in such activities.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

An employee should inform his employer in a timely manner if he/she wishes to take a holiday. According to article 7:638 of the Dutch Civil Code (DCC), an employer shall (unless he/she has compelling reasons to decide otherwise) comply with the holiday wishes of the employee.

When considering requests for time off, an employer should act fairly, consistently and follow the normal procedures.

Being flexible during the World Cup and granting employees’ (last-minute) requests could reduce the chance of employees calling in sick at short notice.

It is however important to make clear to the employees that the flexible rules only apply during the World Cup, so that they are aware of the fact that the normal rules apply to all other situations.

If more employees want time off than can be granted, the employer should consider granting leave on a first-come, first-served basis or by using a rotation system.

prolonged absenteeism (between a few days and
a month)?

As is the case with regard to holiday, an employee needs approval to stay away from work. As a consequence of the World Cup, the amount of such requests (on the day of an important game) can be (a lot) more than usually is the case. Therefore, it is likely that not all requests can be fulfilled. If an employee nevertheless chooses to stay away from work, the employer can fall back on the basic principle of “no work, no pay” (article 7:628 DCC).

If the employer finds out the prolonged absenteeism (without approval) has to do with the wish of the employee to watch the World Cup (or at least has nothing to do with incapacity for work), it is important that the employer confirms in writing (or email) that the absenteeism of the employee is impermissible. It is possible to present the notification to the employee in the form of a warning letter or, if there are a number of incidents, dismissal.

Furthermore, it can be advisable to (i) remind employees (preferably just before the World Cup begins) that they are bound by a code of behavior/absence policy, (ii) emphasize that the code/policy also applies during the World Cup and (iii) make no distinction when the rules are breached.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Both the employer and the employee have an obligation to act as a “good employer/employee” (Article 7:611 DCC). It will be of importance whether or not the work that needs to be performed allows a short-term absence and whether or not the employee is prepared to make up for the hours lost.

If this happens more than once, it is likely that the lack of rest will come at the expense of the productivity of the employee and therefore can be seen as a violation of the obligation to act as a “good employee.”

It is of importance that the employer makes clear under which circumstances a short-term absence to watch an (important) match is permitted. In that manner misunderstandings are prevented.

The employer needs to be aware of the fact that the World Cup can lift the spirits of the employees and may contribute to team-building. Therefore, an employer should ensure not to be too strict regarding its World Cup policy. However, a starting point always should be that the World Cup should, under no circumstance, harm the employer’s business.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Dutch Equal Treatment Act, article 7:611 and 7:613 Dutch Civil Act.

The Dutch Equal Treatment Act prohibits any distinction on the basis of (amongst others) nationality. The question that thus needs to be answered is: Does adapted working time affect a certain group of employees (e.g., other nationals)? In that case, adapting the working hours could be found discriminatory. There is no specific case law, and discrimination is less of an issue than in common law countries. However, working time/hours are considered to be an employment condition and adjusting employment conditions in principle requires the employees’ consent. It may be difficult to unilaterally adjust the working time. Therefore, if possible the employer should give all employees an option to work either during regular or fixed, adapted hours. If that would cause (business) problems, the employer should request the consent of all employees. Alternatively, the employer could amend the working hours and state that the employer assumes all employees agree unless they state otherwise. If employees do so, a tailor-made solution has to be found for that specific employee.

the personal use of company information technology tools?

Article 8 ECHR, Dutch Personal Data Protection Act

Dutch law does not contain any statutory rules whether and to what extent employees may use company IT tools for personal purposes. This depends on the employer’s policy. Some limited private use is in general accepted/granted. An employer that wishes to monitor the employees’ use of company IT tools, must observe the privacy rules under Article 8 ECHR and the provisions under the Personal Data Protection Act. If the employer’s policy allows, the employer could consider to bring the policy (including the monitoring aspect) to the attention of its employees.

gambling and drinking alcohol in the workplace?

Article 7:611, 7:658 and 6:162
Dutch Civil Code

Dutch law does not contain any mandatory rules that specifically prohibits drinking and/or gambling in the workplace. The Dutch Civil Code, however, entails rules for being a good employee/good employer. Commonly, employers have a policy in place based hereon, prohibiting the use of alcohol before or during working hours. This is also because an employer has to ensure a safe workplace for his employees. Policies with regards to gambling are still rather exceptional, unless it concerns a gambling company itself where rules need to be set for employees to avoid them “playing with advance knowledge.” Under certain circumstances, using alcohol before or during working hours and/or gambling while working could be a reason for disciplinary measures, such as a written warning, withholding wages (after a warning) or, in case of serious misconduct, instant dismissal.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Polish law provides for annual vacation leave of 20 or 26 working days. In principle, the vacation should be scheduled in advance. However, an employer is required to grant an employee up to four out of 20 or 26 days of vacation in a calendar year without advance notice, at the request of the employee (known as “leave on demand”). The employee may request this leave at the latest on the day of commencing the leave.

On-demand leave requests (up to four days a year) should be accommodated.

Other leave requests submitted at a short notice can be denied.

prolonged absenteeism (between a few days and
a month)?

Excused absence

An employee may use his/her vacation leave to participate in the 2014 World Cup. Polish law provides for annual vacation leave of 20 or 26 working days. If an employee has used up all days of his/her vacation leave, the employer, upon request, may grant him/her unpaid leave.

Unexcused absence

An employee is bound to immediately notify a superior about his/her absence, but not later than by the second day of the absence. If an employee does not justify his/her absence, this may constitute basis for immediate termination of employment.

In practice, there is a risk that the employees, instead of using the vacation leave to participate in the 2014 World Cup, decide to take sick leave. This is indeed a frequently occurring problem in Poland. If the employer has doubts concerning the circumstances in which the sickness certificate is issued or the employer suspects that the leave is used not for medical treatment but for watching a sports event, it has a right to (i) verify the correctness of the sickness certificate, as well as (ii) inspect whether the employee makes the proper use of the sick leave (for instance, is at home and not in a bar). The employer can also notify the Social Security Agency of any doubts concerning the sickness certificate and the use of the sick leave by the employee.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Excused absence

It is allowed under Polish law to grant an employee short leave (e.g., one to two hours) upon his/her request. The time of leave should be then worked off by the employee. The time of making up for credit hours due to short leaves granted to an employee, upon his/her written request for the purpose of dealing with the employee’s private matters, does not count as overtime work.

Unexcused absence

An unexcused absence may trigger disciplinary liability. Namely, in case of unexcused absence (even very short), the employer may impose a penalty of admonition, serious reprimand or even fine.

Employers may opt to notify their employees in advance of the World Cup that any unexcused absence will trigger application of the disciplinary procedures.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

There is no minimum notice period required under Singapore law in relation to the utilization of annual leave entitlements. That said, the individual employment contracts may provide for minimum notice periods.

Assuming that the contract is silent on the subject, the approval of an employee’s leave application is at the discretion of his employer, and the employer can choose to reject such leave application for reasons of, inter alia, insufficient manpower. Employment contracts usually provide that any leave must be taken at times convenient to and agreed with the employer.

Leave taken without the employer’s prior approval would constitute absence from work in accordance with that set out under Item two below.

To the extent that the employee is well regarded by the management and that the request for leave is specific to the World Cup, we would recommend that the employer accede to such employee’s request for the purposes of maintaining healthy employer-employee relations, given that such events occur only once every four years.

However, it should be highlighted to the employee that this is an exception and should not be taken to constitute the norm for the company’s leave policy.

prolonged absenteeism (between a few days and
a month)?

Where nonexempt employees (see Note in 2.b.) are concerned, pursuant to Section 13(2) of the Employment Act (EA), an employee shall be deemed to have broken his contract of service if he is continuously absent from work for more than two days either (i) without prior approval or reasonable excuse, or (ii) without informing or attempting to inform the employer of the reason for such absence.

Whilst there are no statutory guidelines in relation to exempt employees and in the absence of local case law, our view is that prolonged absenteeism without approval will be taken to be an act of unilateral termination of employment on the part of such employee.

In such case, the employer shall be entitled to terminate the employee’s contract of employment on the grounds of such absenteeism (without prejudice to and in addition to all other rights of the company, including the right to claim damages and/or make the appropriate deductions).

Such absenteeism (without either approval/excuse or notification) is not condoned and we would recommend that the employee be subject to disciplinary action.

Note: In Singapore, employees are generally divided into two broad categories: (i) employees who fall under the provisions of the Singapore Employment Act (Cap. 91) (nonexempt employees) and (ii) those who do not fall under the provisions of the EA (exempt employees). The EA covers all persons who have entered into or work under a contract of service, save for seafarers, domestic workers and persons employed in a managerial or an executive position who are in receipt of a salary exceeding S$4,500 a month (excluding overtime payments, bonus payments, annual wages supplements, productivity incentive payments and any allowance however described).

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Individual employment contracts and employee handbooks will often stipulate the normal office hours of the company.

Constant late attendance, despite repeated warnings issued by the employer, may constitute willful disobedience on the part of the employee and/or a “persistent breach” of the employee’s obligations under his contract of employment. Depending on the terms of the contract, this may entitle the employer to terminate such employee without notice.

To the extent that this (i) has been disclosed in advance to the employer, (ii) is not on a regular basis and only for the duration of the World Cup, and (iii) does not adversely affect such employee’s productivity at work, the employer may consider taking a lighter approach to such short-term absenteeism.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Article 12(2) of the Constitution of Singapore protects individuals from discrimination on grounds of race, descent or place of birth (amongst other things).

In addition, there are also general guidelines that do not have statutory force, such as the Tripartite Guidelines on Fair Employment Practices issue by the Tripartite Alliance for Fair Employment Practices.

Legal action over such forms of discrimination is very rare in Singapore, and the risks to employers in this respect are accordingly low.

In any event, in practical terms, any adapting of working hours in Singapore in connection with the World Cup is likely to manifest, at most, in the form of a later start time for affected employees (insofar as the matches will all take place late at night for Singapore viewers, as opposed to during working hours). We would recommend that if at all any dispensation to start work later is given to certain employees (foreign nationals whose home countries may be playing in the World Cup, for example), this should be by request only and on a special case-by-case basis, and the unaffected or uninterested employees should be allowed to work normal hours.

the personal use of company information technology tools?

Certain Singapore statutes do cover unauthorized use of IT tools and equipment (such as the Computer Misuse and Cybersecurity Act). However, these are primarily concerned with information theft (or alteration).

Beyond this, the company policy on personal use by employees of IT tools and equipment will likely be governed by the relevant employment contracts (either by express or implied terms).

To the extent that personal use of company IT equipment in connection with the World Cup (e.g., using computers to watch match highlights over the Internet the following day) does not adversely affect work performance and productivity, the employer may consider taking a lighter approach to such behavior in the interests of morale and maintaining healthy employer-employee relations (particularly given that the World Cup occurs only once every four years), even though such use may technically amount to an infringement or breach of contract.

Heavy usage which does adversely affect work performance and productivity should however not be condoned or tolerated, and the appropriate action taken as per the provisions of the relevant employment contract(s).

gambling and drinking alcohol in the workplace?

Leaving aside statutory restrictions against running illegal gambling rings or the unlicensed sale of alcohol, company policy on workplace gambling and alcohol consumption will likely be governed by the relevant employment contracts (either by express or implied terms).

To the extent that participation in any informal company betting pools (involving small sums) and evening drinking does not adversely affect work performance and productivity, the employer may consider taking a lighter approach to such behavior in the interests of morale and maintaining healthy employer-employee relations (as set out above).

Any such activities which do adversely affect work performance and productivity (or involve high financial stakes) should, however, not be condoned or tolerated, and the appropriate action taken as per the provisions of the relevant employment contract(s).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Holiday periods must be set, by agreement, between the employee and the employer.
The provisions of any applicable collective bargaining agreement must also be complied with.

While employers may want to offer some more flexibility because of the World Cup being such an important event, they should have in place a policy that is consistently applied both during the World Cup and after to avoid accusations of discrimination.

prolonged absenteeism (between a few days and
a month)?

If employees want to travel to Brazil or take time off to watch matches on television, leave must be booked in the usual way.

If absence is unauthorized, it is a potential disciplinary matter.

Employees should be reminded of the absence policy, and this policy must be applied consistently. Unauthorized absence should be dealt with in accordance with standard disciplinary procedures.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Unauthorized short-term absence is dealt with in the same way, but isolated instances are unlikely to justify dismissal.

If an employer is skeptical about post-match absence or sickness, they are entitled to take disciplinary action.

Few matches fall within Spain’s working day, unless employees are working out of conventional hours. Employers should monitor absence patterns but should not make assumptions as to why an individual was absent without investigating thoroughly.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Nationality is a protected characteristic under the Spanish Constitution. Employees and workers should not be treated less favorably on the basis of or for a reason related to their nationality.

If Spanish employers want to offer flexibility for the Spanish football team’s matches, they should offer similar arrangements to employees and workers who are not Spanish and want to support their national team. Such rules should be communicated to all staff prior to the event.

the personal use of company information technology tools?

If an employee uses a work computer to follow games, or uses social media around the games, and this affects productivity, disciplinary action is only appropriate if it breaches an existing policy that the employee was aware of.

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

gambling and drinking alcohol in the workplace?

If an employee is under the influence of alcohol in the workplace, he or she may be liable for disciplinary action. If a social event is organized by the employer, the employer must make clear what type of behavior is acceptable.

Disciplinary policies must be applied fairly and consistently. As employers remain liable for their employees’ health and safety, standards of conduct must be communicated to all staff.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

The employer decides when an employee may take holiday. All employees are entitled to four consecutive weeks of holiday during June-August, but the employer ultimately decides when during this period.

Considering the four-consecutive-weeks rule, there is a pretty good chance the employee will be on holiday at least partly during the World Cup. If the employee wants additional time off, he/she will have to discuss with the employer.

prolonged absenteeism (between a few days and
a month)?

There could be grounds for dismissal if no sick-leave certificate is produced.

Due to the time difference, all games will take place during evenings and nights, so this should not be a problem.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

There could be grounds for dismissal if no sick-leave certificate is produced.

See above.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Not applicable (see above). They can watch the games outside working hours.

the personal use of company information technology tools?

This depends on internal policies and, thus, is completely up to the IT department.

As long as the employees actually work at least close to the agreed working hours and the usages of company IT tools will not cause a full-scale server crash, employers should allow this, to avoid much more complicated questions relating to employee absence.

gambling and drinking alcohol in the workplace?

Alcohol in the work place is never allowed without express consent from the employer. Reasonable gambling (i.e., betting among colleagues) will normally be permitted.

Again, all the games will be in the evening or night so drinking should not be a problem! If someone nevertheless were to drink on the job, it may be sufficient cause to terminate their employment, depending on the severity of the intoxication, the employee’s position and possible alcoholism.

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

There are minimum notice requirements for taking annual leave in accordance with working time legislation (notice must be at least twice the period of the leave to be taken). Employers can impose longer notice by contract and can refuse leave if inconsistent with the needs of the business.

Employers might be tempted to be more flexible during an event like the World Cup but should ensure that they have a clear absence policy and act consistently (during the World Cup and in relation to other events) to avoid potential discrimination (see below).

prolonged absenteeism (between a few days and
a month)?

Employees wishing to attend the World Cup or to be available to watch their favorite team should book holiday in the usual way.

Unauthorized absence is usually a disciplinary matter and could result in sanctions up to and including dismissal, if appropriate.

Employers should remind employees of their absence policy and apply it consistently.

They should also manage unauthorized absence in accordance with their disciplinary procedures.

Again, employers need to be consistent.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

The same rules apply for unauthorized short-term absence – although one-off absence (including leaving the workplace early or arriving late) is less likely to justify a final warning or dismissal in isolation.

Employers might have suspicions about post-match hangovers if an employee is late in or claims sick leave the day after a big match. If not genuine sickness, the employer could take disciplinary action.

Given the time difference with Brazil, few England matches will fall within the working day other than for employees who work a late shift. Football fans are more likely to have a late night out (or at home) to watch a game.

Employers should already be monitoring absence: if there are any unusual patterns during the World Cup they can take action but should not make assumptions and investigate thoroughly before doing so.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Nationality is a protected characteristic under the UK’s Equality Act: Employees and workers should not be treated less favorably on the basis of or for a reason related to their nationality.

Given that not everyone likes football, applying different criteria or practices during the World Cup could lead to inadvertent indirect discrimination: what about employees who wish to take absences for religious festivals, for example?

If employers in England want to offer flexibility in relation to matches involving the England team they should offer similar arrangements to employees and workers who are not English and want to support their home team.

To avoid indirect discrimination a consistent approach should be taken throughout the year to similar events.

Any flexibility and any applicable conditions should be agreed and communicated clearly before the event.

the personal use of company information technology tools?

Employees with access to a computer might be tempted to follow their team’s progress using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game in working time.

This could have an impact on productivity and also affect the operation of the employer’s systems.

Disciplinary action is unlikely to be justified unless an employee is in breach of an existing policy of which the employee should already be aware.

Employers should have a clear IT policy in place and be able to demonstrate that this has been communicated to staff.

If an employer monitors web and computer usage it will need to notify employees in advance and comply with the Data Protection Act.

gambling and drinking alcohol in the workplace?

Anyone under the influence of alcohol in the workplace is likely to be at risk of disciplinary action.

However, if employers set up a social event and offer a drink to employees while they are watching a game together, they will need to ensure that employees are aware of the behavior expected and look out for the health and safety of all their staff.

Employers should apply their disciplinary policies fairly and consistently.

Employers remain responsible for their employees’ conduct during work-organized activities. Make sure that expected standards of behavior are clearly communicated in advance (for example, that there is a bullying and harassment policy in place).

What Are the Legal Issues Arising From:

Legal Rule Applicable

Action Points

employees taking holidays at very short notice?

Time off is governed by company policy. No particular federal, state or local legislation addresses notice requirements in connection with employees’ requests for time off from work.

Employers should review their policies in advance and be prepared to respond to employees’ requests for time off in an even-handed manner.

prolonged absenteeism (between a few days and
a month)?

Employees wishing to attend the World Cup or to be available to watch their favorite team should schedule vacation in the usual way and/or in accordance with company policy.

Unauthorized absence usually results in disciplinary action, including termination of employment if appropriate.

We would not anticipate that U.S. employers would receive many requests for prolonged absenteeism in connection with viewing or attending World Cup matches. Nevertheless, employers should respond to such requests in a consistent manner.

short-term absence (between one and two hours) to (i) watch a match or (ii) because the employee did not sleep
the night before?

Generally, employers can sanction employees’ unexcused absences from work. For example, an employer can sanction an employee who misses work to watch a match or to rest because he or she did not sleep the night before. However, an employee’s absence is excused if it is due to a valid medical reason. An employee who suffers from an illness after a sporting event may qualify for leave under the Family and Medical Leave Act or state or city sick leave laws, such as the New York City Earned Sick Time Act.

Since U.S. time zones approximate Brazil time zones and many matches are scheduled to occur during work hours, it is not inconceivable that employees will request time off during the work day to watch the matches. Again, employers must apply their absence policies in a consistent manner.

a situation where a company adapts working time during the World Cup to follow the national team, what risks are incurred in respect of discrimination against other nationals or those simply not interested in football?

Given the diverse ethnic and cultural backgrounds in the U.S., there is a wide spectrum of interests in soccer and particular soccer teams.

Employees’ national origin is a protected category under U.S. federal, state and local anti-discrimination laws. Accordingly, employers cannot discriminate against employees on the basis of their national origin.

Given the varying degrees of interest in the World Cup from different ethnic groups in the U.S., employers must ensure that they respond to employees’ requests for time off in an even-handed manner. It would not be advisable for employers to grant requests for time off to ethnic groups with only a few members as opposed to ethnic groups with many members.

the personal use of company information technology tools?

Employees with access to a computer may wish to follow their favorite teams using their employer’s IT systems or might otherwise want to participate in social networking discussions about the game during working time.

Disciplinary action is unlikely to be justified unless an employee is in breach of an employer’s computer use policy.

Employers should develop computer use policies that address such issues and should remind employees of their policies.

gambling and drinking alcohol in the workplace?

Employers should not organize, encourage or condone work-related social events involving employer-sponsored gambling, excessive alcohol consumption and disruptive conduct (e.g., harassment). Although employers usually do not sponsor gambling pools, such pools are legally permissible in some states, provided that employers do not receive fees or proceeds from the gambling pool.

Employers are not required to sponsor work-related social events or accommodate employees’ requests to view or participate in World Cup matches or related events. If employers choose to sponsor work-related social events where employees can watch matches, employers should consider enforcing company rules regarding alcohol consumption and workplace conduct and monitoring employees’ conduct at work-related social events to ensure that employees are acting appropriately.