Such behavior raises not only organizational but also legal challenges: when is it worth patiently waiting, and when should action be taken? How should an employer respond proportionally but confidently? Labor law expert Aurelija Daubaraitė from the law firm “Sorainen” discusses this.
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Contact the employee and do not rush with penalties
If an employee does not return to work after vacation, one should not immediately start with a formal demand for explanation or threat of dismissal. If the employee has had an accident, it is likely that the employer is not the first to learn about it.
“Therefore, it is first recommended to try to contact the employee by phone, and later document the conversation by email. If contact is not possible, one can reach out to the emergency contact person provided by the employee,” says A. Daubaraitė.
She states that the employee may have other justifiable reasons for not returning as planned, such as a canceled flight, health problems, or other important circumstances. Therefore, it is important for the employer to assess the situation and respond proportionally after the conversation, i.e., not to rush to punish or blame.
“Of course, to prevent abuse, such information should be verified. It is completely normal practice to request documents proving the justification, for example, a notice of a canceled flight. However, in this case, the responsibility primarily lies with the employee. An employee facing unforeseen circumstances should inform the employer as soon as possible and provide supporting documents.
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Working from abroad cannot be decided unilaterally
If the employee did not inform about the absence and did not show up at work without a justified reason, the employer has the right to apply disciplinary measures – from a warning to dismissal. However, it is important that the decision to dismiss is a measure proportional to the violation. The process itself must be properly documented.
A. Daubaraitė adds that recently there have been cases where employees unilaterally decide to stay abroad and continue working remotely. However, working from abroad is not an employee’s right but an option that must be agreed upon in advance with the employer. Therefore, the employee does not have the right to unilaterally decide to work from abroad, as the work is organized by the employer.
If such work organization suits the employer, it is necessary to agree in advance on the duration of such work, responsibilities, safety and health assurance issues, tax application nuances, migration, and other relevant matters. If the employer does not agree, the employee must return to work in the usual manner as planned. Otherwise, disciplinary consequences are possible.
“To avoid similar situations in the future, it is important to clearly define the procedure in internal documents: when and under what conditions it is possible to negotiate remote work or so-called work leave, how and by when the employee must inform the employer about obstacles to returning to work, and what consequences will be applied in case of non-compliance with these rules. Clear internal rules help prevent misunderstandings and ensure smooth management of situations for both the employee and the employer,” concludes labor law expert A. Daubaraitė.
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