Can I automatically work from home during a red alert?

First things first: In the absence of prior agreements, the fundamental principle is that employees are expected to report to work. However, in situations like Wednesday, where authorities advise against unnecessary travel, employees opting to stay home cannot face sanctions from their employers.

Lawyer Jean-Jacques Schonckert highlights the importance of providing advance notice, emphasising the need to communicate such decisions in writing:

"I have to have given prior notice, of course. Nowadays, this can be done quite quickly by email. In any case, it's not enough to simply say: 'But you knew I couldn't come'. That's not enough. You have to put it in writing."

Employers have the discretion to consider the day as paid leave but are not obligated to do so. In industries like construction, where remote work is impossible, employees unable to attend work due to a red alert, as on Wednesday, must be compensated at 80%.

If an employee has children they have to look after because they are not going to school due to a red alert, they may take leave without fearing employer reprimands. However, Schonckert clarifies that employers are not obliged to pay a salary for such leave, stating:

"The employer is not obliged to pay them this salary because they have not fulfilled their part of the employment contract to perform work. The new government may want to review the legislation in this regard. Because I fear that these kinds of cases will occur more often, the key term here being climate change."

If childcare responsibilities arise due to school cancellations, employees are also required to inform their employers if they are unable to come to work.