Employer's formal notice

Legal provision

When the employer, through his own fault, prevents the performance of the work or is in default of accepting it for other reasons, he is in default. This is the case when the worker offers his services and is ready to work, and the employer refuses his services without a valid reason.

The employer is still obliged to pay the salary and cannot require the worker to make up for lost working hours. The situations in which the employer remains liable are varied.

Formal notice given to the employer or abandonment of employment

Following an argument with the employer, the employee leaves his workstation and returns his keys. Can the employer deduce from this that the employee has permanently abandoned his workstation? Is the employer obliged to accept the services of an employee who returns to work two days later, having calmed down?

If the employee has given up his job, the employer may refuse his services. If this is not the case, the employer who does not accept the employee's services will be in default and will have to pay the employee's salary.

Mobbing/sexual harassment

Employers are obliged to protect the personality and mental health of their employees. When faced with a situation of mobbing or sexual harassment, the employer must take the necessary measures to put an end to it. If they fail to react or take appropriate measures, employers are in default. In serious cases, an employee who has been the victim of harassment may refuse to come to work, while retaining his right to a salary. 

Quarantine

In the event of a pandemic or epidemic, employers are torn between their obligation to protect the health of their employees and the economic needs of their business. A particularly conscientious or concerned employer will be tempted to quarantine employees returning from a country he considers at risk, even if they show no symptoms. Depending on the circumstances, he may be in default and have to pay their wages.

Protection of health

Employers must protect the physical and mental health of their employees. This includes preventing and putting an end to situations of sexual harassment and mobbing. If the employer fails to take appropriate measures, he is in default. In particularly serious cases, the employee may refuse to come to work and retain his right to salary.

Corporate risk

Employers are sometimes faced with shortages of raw materials or out-of-stock situations. When the weather is unpredictable, companies may find themselves flooded or without power.

A heatwave or snowstorm can make it impossible for employees to work outdoors. Following an accident, the employee may be permanently unable to carry out his or her job, and the employer may not be able to assign him or her to other tasks.

These are all situations in which the employee is unable to perform his work. Employer's residence or inability to work? This is a particularly delicate question!

These situations are sometimes part of the business risk borne by the employer. In most cases, they will have to pay their employees' wages. If the situation persists, the economic damage can be considerable. Employers can take steps to limit the damage.