Snow: being late, absent from work, what is my risk?

Icy roads, chaotic transportation, what to do when the weather plays tricks on us?

In case of snow, are snow tires mandatory?

Since 1^eh November 2021, the Law on the mountain 2 obliging motorists to equip their vehicle with specific equipment between 1^eh November and March 31 in some departments located in mountainous areas in France. Especially the departments of the regions of the Alps, Corsica, the central massif, the Jura massif, the Vosges massif and the Pyrenees, namely: Ain, Allier, Alpes-de-Haute-Provence, Hautes-Alpes, the Alps – Maritimes, Ardèche, Ariège, Aude, Aveyron, Cantal, Corrèze, Corse-du-Sud, Haute-Corse. Côte-d’Or, Creuse, Doubs, Drôme, Gard, Haute-Garonne, Hérault, Isère, Jura, Loire, Haute-Loire, Lot, Lozère, Meurthe-et-Moselle, Moselle, Nièvre, Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Pyrénées-Orientales, Bas-Rhin, Haut-Rhin, Rhône, Haute-Saône, Saône-et-Loire, Savoie, Haute-Savoie, Tarn, Tarn-et-Garonne, Var, Vaucluse, Haute-Vienne, Vosges, Yonne and the Territory of Belfort. The goal? Improve winter traffic conditions and user safety. Motorists affected by the Mountain Law will be penalized if they are improperly fitted with snow tires or chains in mountainous regions and risk a fine of €135 and immobilization of their vehicle.

Snow, can I leave work early to go home?

Yes, if there is an agreement from the employer. Because once we get to work, by law, we are not allowed to leave earlier than usual to anticipate transportation difficulties…

If I arrive at the office late because of snow, what is my risk?

Once snow-related delays are verified (buses pulled from impassable roads, delayed trains), your boss cannot sanction you. On condition, of course, to prevent and be able to justify it case of force majeure. It’s hard to arrive 1 hour late every morning when you live two blocks from your business! So, we call, we send an email, we get supporting documents (message from the bus company, RATP, etc.) and we even take pictures of our doorstep, of our street to prove our good faith in the case with which HRD is not very congenial.

Lateness, absence … can my salary be reduced?

No work, no pay…it’s the law, and it doesn’t matter if it’s the snow’s fault. To avoid the reduction of salary days, and if teleworking is not possible, employers often offer to take back the hours, to count an RTT, to take a day off, otherwise, it is free of charge. Except in the case of a specific branch or company agreement. In construction, for example, days of unemployment in bad weather are compensated at 75%. On the other hand, if you get to work and find the door closed, the employer must pay him normally.

Can my employer force me to work from home because of the weather?

Legally, telework is based on voluntary work but, in the event of bad weather, an employer can impose work from home. If we cannot refuse, we must, however, be compensated for the costs incurred (telephone, courier, etc.).

Because of the weather my connection is not insured, will I be charged?

The bad weather conditions are considered “unusual events”*. Therefore, airlines are not required to pay their passengers.

* European Regulation No. 261/2004 on passenger rights

Do I have the right to refuse a business trip in case of bad weather?

Once the weather becomes a source of danger, you can refuse a trip, even if the mobility clause is included in the employment contract. We must immediately alert his boss that, it is necessary to take all security guarantees for his employees, it cannot be opposed. If that’s not the case, if he doesn’t want to hear anything and if we believe we’re putting his life in danger, we can exercise the “right to leave”*. In this case, if the legitimate reason is recognized, you cannot be penalized or suffer a salary deduction.

* Art. L4131-1 of the labor code

Can I cancel my stay free of charge if there is no snow at the ski resorts?

To encourage people to book stays without fear of a lack of snow, tour operators and insurance companies offer “snow guarantees” that “guarantee” payment of services in the event. .. In reality, to succeed in benefiting from it, the mountain is green, the station is high and the snow cannons are no longer in service. So, to avoid losing everything, we alternate skiing with walks.

Thanks to Me Nathalie Lailler, lawyer in Caen.

Laws may change; we do our best to keep this article up to date. If in doubt, don’t hesitate to check ww.legifrance.gouv.fr