The political crisis that a country is going through can have a significant impact on the daily lives of its citizens, and one of the aspects that is affected is the attendance of employees at their workplaces. Demonstrations, protests and road closures are common phenomena during these situations, leading to delays and non-attendance of employees in their work. This scenario raises the question: who bears the cost of the employee's absence? Do non-working days have to be paid or can they be discounted? In this article, we'll explore the legal implications and options available to both employees and employers in this situation.

Legal Implications Under the Labor Code:

The Labor Code does not specifically address absences due to road closures or political demonstrations, but it does establish general guidelines for justified and unjustified absences. On the one hand, it does not require employers to pay for non-working days, but, on the other hand, in article 128, it states that the employer must give permission to be absent in cases of force majeure. This includes justified faults related to serious domestic calamities, provided that due notice is given in advance and that the operation of the company is not jeopardized.

Employee Protection and Safety:

Article 128 of the Labor Code also requires employers to ensure the safety of their employees and their assets. This means that employers must take steps to avoid exposing workers to dangerous situations, such as going through violent protests or roadblocks. In addition, consideration must be given to the economic impact that an employee may suffer when faced with road closures, ranging from theft and theft to damage to vehicles and personal belongings.

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Compensation Strategies: To Pay or Not to Pay?

The main question that arises in this situation is whether or not employees should be paid for days when they cannot attend work due to road closures or political demonstrations. To answer this question, several aspects must be considered:

1. Justification for the absence: First, it is essential to determine if the absence of the collaborator is really justified. If the worker lives in an area affected by road closures or their way to work is blocked, they must report this situation in a timely manner.
2. Options for the non-working day: The Labor Code offers several options for dealing with non-working days:

• Paying for time not worked: The employer may choose to pay for the time the employee did not work.
• Discount the time not worked. From my perception and analysis of the Code, I would only take this route in case of unjustified absences or refusal of the collaborator to handle any other option that suits the parties.
• Offset time at different times: Another alternative is to allow the employee to compensate for lost time working hours other than their regular shift.
• Teleworking: If feasible, telecommuting can be a solution for maintaining employee productivity during a political crisis.
• Negotiate and apply to pending holidays: The parties can negotiate and agree to apply the time not worked to pending vacation.

The Importance of Communication:

In this context, communication between the employer and the employee is essential. The company must guide the worker about the options available and how to properly handle the situation. In addition, it is important to remind the employee of the importance of communicating in advance any impossibility to attend work.

This situation definitely creates challenges for both employees and employers. The safety and well-being of all must be a priority, while ensuring the continuity of business operations. Flexibility and empathy play a crucial role in managing absences during situations of political crisis.