Poland explained what happens to salaries when late due to an air raid alert

An employee in Poland who is late or unable to arrive at work on time due to an air raid alert and the need to remain in a safe place may have a valid reason for such absence. However, current rules do not guarantee payment for time not actually worked.

This was reported by Rzeczpospolita, citing labor law expert Professor Arkadiusz Sobczyk. In his assessment, if a person was forced to stay in a shelter due to a real air threat and was late because of this, such lateness should be considered justified.

At the same time, the mere fact of a valid reason does not automatically mean the salary is preserved. Polish labor legislation provides for payment for time when the employee did not perform work only in cases directly specified by law. There is currently no separate provision for payment for time absent due to an air raid alert. However, the employer may establish more favorable rules for employees.

The official position of the Polish Ministry of Family, Labour and Social Policy is somewhat more cautious. The ministry previously explained that an air raid alert is not directly included in the list of reasons that the law automatically recognizes as a justified absence. Therefore, the employer may recognize such a reason as valid, but current norms do not impose an unconditional obligation on him to do so.

At the same time, the ministry emphasized that the employer's freedom is not unlimited: he must take into account the circumstances, principles of fair treatment of employees and should not punish a person for circumstances that were objectively beyond his control.

If an employee cannot come to work, Polish rules require notifying the employer of the reason and expected duration of absence as soon as possible. If the company's internal rules do not establish otherwise, this can be done by phone, email, message or through another person.

The issue became particularly relevant after a series of Russian attacks on western regions of Ukraine. In the Lublin and Subcarpathian voivodeships of Poland, RCB warnings about air threats were repeatedly sent, sirens were activated, and some institutions and schools evacuated people to safe places.

There are currently no unified detailed rules for enterprises. Chief Labour Inspector Janusz Krasoń reported that the Polish State Labour Inspectorate is preparing recommendations for employers. Employees and companies are already contacting the inspectorate with questions on how to act upon receiving an air warning while working.

Until such recommendations appear, employers are advised to check internal safety procedures, evacuation routes, possible shelter locations and employee preparedness for emergencies. The Polish Ministry of the Interior emphasizes that responsibility for the safety of people directly at the enterprise lies with the employer.

Based on materials from: Rzeczpospolita, Serwis Samorządowy PAP, Polish State Labour Inspectorate