Work disruption during power outages - compensation for employees?
Putting History in Perspective
Here's a twist on yesterday's events. At 11:30 am, on the 28th of April, 2025, an unprecedented power outage struck the nation, immobilizing countless workers and halting their daily tasks. After consulting with several legal experts, it appears that these employees were entitled to their full day's wage, as their absence from work was largely beyond their control.
Legal consultant Gonçalo Pinto Ferreira, a partner and head of the employment department at Telles, explains, "The catastrophe we witnessed [yesterday] undoubtedly qualifies as a force majeure situation, detached from the employees' influence as well as their employers."
He further adds, "Our labor legislation clearly states that such unpredictable circumstances, being beyond workers' control, must not jeopardize their right to compensation. This is a non-negotiable principle."
Similarly, lawyer Pedro da Quitéria Faria, partner at Antas da Cunha Ecija and head of the labor law department, echoes the sentiment, asserting, "It is imperative that the employers honor their commitment by remunerating the workers for the hours they were prohibited from working. The reason behind their inability to fulfill their professional duties was unrelated to their actions."
Both legal experts agree that the blackout and employers' decision not to force workers to come in were the primary causes for the wage situation. Faria adds, "Under the current circumstances, I fail to see any justification for withholding wages for that day, given that the workers were prepared and willing to work but were prevented by circumstances outside their control."
Lastly, Madalena Caldeira, another legal expert, highlights the possibility of full remuneration in situations where an employer decides to dismiss workers, citing a precautionary measure as an example.
However, it is essential to consider the specifics of each employment contract and the labor laws of the respective country. Pinto Ferreira cautions that while the force majeure event exonerates employers from certain responsibilities ("indeed, it will incur losses," he says), their obligation to pay wages remains a priority, as mandated by labor legislation.
Keep in mind that my insights are general and do not apply specifically to any particular country's labor laws. For ample clarity, one must consult their country's labor laws to determine wage obligations during unforeseen events such as power outages.
In light of the nationwide power outage, the unfolding events have significant implications for policy-and-legislation in the context of employment laws. Various legal experts, such as Gonçalo Pinto Ferreira and Pedro da Quitéria Faria, have affirmed that workers are entitled to their full day's wage in such force majeure situations, as these circumstances are beyond the control of workers and employers.
