I skipped work after a World Cup night

Employment lawyer Roger Rudolph explains when fatigue remains a private matter, why skipping work can be dangerous, and why honesty is sometimes the best strategy.
 

A week of round-of-32 World Cup matches played in the middle of the night is behind us, and the round-of-16 now awaits night owls. Switzerland play against Colombia at 10 pm on Tuesday, 7th July. But many other matches are also taking place at critical times during the night.

The TV is constantly on, and sleep is in short supply. How can we cope with this at work the next morning? Employment lawyer Roger Rudolph explains.
 

I'm completely exhausted because I watched World Cup football all night. What excuse will help me out at the office in the morning?
Roger Rudolph: Well, if you're looking for excuses, it already suggests you have a guilty conscience … and that sounds like a problem!
It’s perfectly normal that you and I are allowed to watch football at night. No employer can dictate what I do in my free time. That applies in general, not only during the World Cup.
But it becomes a problem if you're no longer able to perform your - let's say - average job performance due to constantly watching TV at night. There's no issue as long as you can - no excuse is needed. But if you're so exhausted that you can only crawl into the office on all fours, then we have a employment law issue. Everyone is obligated to perform their work in a way that constitutes acceptable performance.

Would it be wise to pro-actively mention my fatigue?
That’s courageous, and would be an open and fair approach. Taking the bull by the horns, so to speak.
But of course, it depends on the employer and how that's received. If you told me that, I'd understand, because I'm also a football fan.
But there's another side to it. I also know people who shake their heads at me watching a World Cup match in the middle of the night. An employer like that would say, "Your problem! None of my business." I would therefore only do it if you're fairly certain you'll find some understanding from your employer. If not, there could be trouble. And then I would rather wait and say nothing. Besides it would first have to be proven that your performance really wasn't up to par.

So, if I know my boss isn't a big football fan, I should keep a low profile.
That's probably the best approach. The alternative, of course, is to take half a day or even a whole day off. Or you could arrange to start work later in the morning if you have flexible working hours, for example. Or, with your employer's agreement, you could take time off to compensate for overtime. All of this would be perfectly legal.

Harry Kane and England played Mexico from 3:00 am on Sunday night/Monday morning       Erik S. Lesser
Roger Rudolph is a professor and holds the Chair of Labor and Private Law at the University of Zurich.      Photo provided.
Host nation USA, with Christian Pulisic, takes on Belgium at 2:00 am on Monday night/Tuesday morning        Jeff Chiu
 

If I were to announce a dentist appointment at work at short notice ...
... I have to interrupt you right away here, and give you a clear answer: if you pretend to be sick or have a dentist appointment, or any other kind of appointment, that would be a clearbreach of your employment contract. And there will be consequences if this comes to light. It could start with a warning, but the sanction could go as far as dismissal.

Could it be that drastic?
You have to be aware: Swiss employment law is very liberal when it comes to dismissals. In other words: you can resign without any problems, at least while adhering to the defined notice period. But counting on a judge ruling that "That's just a minor infraction, the dismissal is invalid" - is unlikely to work, and dismissal would be a real possibility. Of course, as a boss, I probably wouldn't fire someone for a single instance of absenteeism, and would issue a formal warning first. But speaking purely legally, it would be possible.

So, honesty and prior coordination are definitely the best approach.
That would be the cleanest solution, obviously. Perhaps the boss could simply say: "That's fine today, you can make up the three hours tomorrow, or the day after."

What if disputes arise within a team regarding potential shift swaps? How can such issues be handled smoothly?
In case of a dispute, the boss has to decide. I think it's a good idea to check with those who aren't so interested in football beforehand, and ask: "Could you cover that shift?" It's just a problem when everyone wants to watch the same match.

Has a World Cup become so big that there should also be employment laws for managers? A kind of "higher power of a World Cup"?
Personally, as a football fan, I would find that appealing. But you're asking me as an employment lawyer, and I have to say: no chance.
Football may be a private matter – but it mustn't conflict with my employment obligations.

What advice would you give companies on how to deal with their employees?
It depends on the type of production, of course. If you're running a factory where the machines have to run 24/7, or a hospital, then the options are limited. What's great, of course, is if a company tries to integrate the World Cup into a team event. Why not organise a "company viewing" with croissants and coffee? That would certainly be very much appreciated by the employees.

What about apprentices? When young men and women think their energy is boundless, what advice do you give parents on how to handle it?
I'm not really an expert on that. But if you're asking spontaneously, I think a solution that isn't black and white would be good - one that doesn't either allow or forbid everything. A World Cup only comes around every four years - I mean, you can accept that a child might be a little over-tired once in a while, and perhaps not be in top form the next day for a visit to Grandma. I'd have some understanding for that. I know from my own youth: a World Cup is like its own timeline, where you're on the edge of your seat day after day.

But you don't see any difference regarding the employment contract of an apprentice and a qualified adult? Should you be more lenient with young people?
On the contrary. It might even be the other way around. Legally, an apprenticeship contract is also an employment contract - but a special one. Because it's not just about work for wages, but also about training: that's the central element.
As a trainer, I have to make sure that the young people are actually being trained, and don't just end up learning nothing for five weeks because they're constantly exhausted. Looking at it that way, one might even need to be a bit stricter with the trainees.

My conclusion is: It's better to re-schedule work hours or, if necessary, take half a day holiday, rather than risk a situation that could escalate.
I completely agree. Again: if someone is genuinely skipping work under a pretext - for example, feigning illness - then that's not just a trivial matter under the employment law. If you've constructed a web of lies, a standard dismissal would be justified, at the very least, and even a summary dismissal in the worst case. I would strongly advise against that.