“The Labor Code does not provide for a special provision in the event of a shortage of petrol”he explains to TF1info Eric Rocheblave, a lawyer specializing in labor law, enrolled in the Montpellier Bar. “In most situations, commuting is an employee’s choice. Going to work is therefore their responsibility, not the employer’s responsibility.”he continues.
The shortage of gasoline, as well as bad weather or strikes, are therefore the employee’s problem, summarizes the lawyer. “If he does not hire in time, he must justify himself”, adds Eric Rocheblave, or he exposes himself to sanctions and a deduction from his salary, proportional to the time not worked. Gold, “the reason for the shortage is not a justified absence, because it is not a case of force majeure”, In his opinion. In fact, this force majeure, framed by the law, must combine three elements to be invoked: there must be an event external to the employee, unpredictable and irresistible.
