Employee’s rights in case of flood

​​​​​​​​​​​​by Michał Majnusz 

16th September 2024 

Due to the ongoing state of flood emergency and the introduction of the state of natural disaster in affected areas, we would like to remind you about the rights of employees living there.

If an employee is incapable of working due to a flood, not only is his absence from work excused but he also retains the right to a part of his remuneration.

This stems from the Act of 16 September 2011 on Special Measures to Remedy Effects of Floods. The statute stipulates that an affected employee is entitled to a part of the minimum wage calculated according to separate regulations for the duration of his excused absence but no more than 10 working days resulting from the employee's working time schedule. That wage is paid by the employer, unless the employee is entitled to remuneration or compensation for this period on another basis.

As regards the employer, insofar as possible, he may direct the employee to do a different job than his job description says if this is necessary to remove the effects of flood at the employer's establishment. Then, the employee retains the right to his standard remuneration calculated according to the rules applicable to the calculation of holiday pay.

Regardless of the above statutory stipulations, the employee has the right time off work for 2 days or 16 hours due to force majeure under Article 148¹ of the Labour Code. During such a time off the employee remains entitled to 50% of his remuneration.

If you have any questions about labour laws and rights available in case of a flood, contact us.​