Employee obligations in the event of obstacles at work and the consequences of their breach

There is nothing worse than a Monday morning when a key team member fails to show up for work without any warning. Chaos immediately ensues – tasks are put on hold, clients are waiting, and other employees improvise to cover the gap. Such a situation can disrupt the running of a company within an hour and cause headaches for many managers.

Author of the article: ARROWS (Mgr. Bc. Kryštof Pažourek, office@arws.cz, +420 245 007 740)

Every employer knows that obstacles at work on the part of employees – whether planned or unexpected – can affect the running of a company and the productivity of a team. But what if your employee fails to fulfill their obligation to inform you in a timely and proper manner? What are the risks involved and how can you effectively protect yourself?

Lack of information and preparedness can have serious consequences for a company. Unfortunately, these are not isolated cases – every day, our law firm deals with companies that are facing problems due to frequent obstacles at work on the part of their employees. Many companies only realize how important it is to be clear in this area after a bad experience.

This article therefore summarizes how the Labor Code regulates the obligations of employees in the event of obstacles to work and what you, as an employer, should pay attention to. We will also offer practical tips from our experience – from preventing problems to dealing with the consequences – so that you can avoid similar situations and protect your company.

The employee's obligation to inform you in a timely manner – the basis for smooth operations

The Labor Code distinguishes between two situations in which employees must notify their employer of obstacles to work:

• Obstacles known in advance – typically a scheduled doctor's appointment, blood donation, attendance at a family wedding, etc. Employees are required by law to inform you of these obstacles in a timely manner and, in the words of the law, “request” time off work. The term “request” is somewhat misleading here, as the employer is not entitled to refuse it if it concerns an obstacle recognized by law – in fact, the employee is not asking for permission, but merely informing the employer of the obstacle. Timely notification means informing the employer in advance so that they can take measures to prevent the negative consequences of the employee's absence. In other words, as soon as an employee knows about a planned obstacle, they should let their employer know – for example, arrange time off a few days in advance, find a replacement, or allow work to be rescheduled among other employees.
• Unexpected obstacles – typically sudden illness or an unexpected family event. In such cases, the employee must inform the employer without undue delay, i.e., as soon as possible. This usually means immediately upon discovering that they cannot come to work – for example, calling their supervisor or sending a message early in the morning before the start of their shift. Here, too, quick communication is key to the smooth running of the company. Thanks to timely notification, you can quickly find a replacement or at least redistribute the work so that the damage is kept to a minimum.

The employer's right to prove the obstacle

An important part of the notification obligation is also the obligation to prove the obstacle. The employee should document their absence with a relevant document—for example, a doctor's note, a blood donation certificate, or other objective evidence, depending on the type of obstacle. If they fail to do so, you, as the employer, have the legal right to consider the employee's absence as unexcused. Unexcused absence means that the employee was absent without a valid reason or without providing proof. Such conduct is classified as a breach of work duties and may lead to further legal action, including a warning for breach of work discipline, a letter of reprimand, or, in extreme cases, termination of employment. In particularly serious situations (e.g., repeated or long-term absences without excuse), it may even be grounds for immediate termination of employment by the employer.

We recommend having internal procedures in place (e.g., in the form of internal guidelines) for requiring employees to provide and record documentation of obstacles to work. For example, specify the latest date by which an employee must submit a doctor's note and to whom it should be submitted. Systematic recording of these documents will ensure that you have the necessary evidence at hand in the event of a dispute or inspection. A clearly defined process also has a preventive effect – employees will know that no absence will go undocumented and cannot be concealed. Well-defined internal rules will allow you to act quickly, efficiently, and transparently if an obstacle to work arises.

Risks of an employee's failure to comply with the notification obligation

So what can happen if an employee fails to fulfill their notification obligation properly and on time? The consequences can be serious for both parties – the employer and the employee. The most common risks include:

• Unplanned work stoppages without the possibility of adequate replacement: The sudden absence of a key employee can cause certain tasks or operational activities to be left undone. If you do not know about the absence in advance, it is difficult to arrange for a replacement in time. This can lead to production stoppages, customers waiting, or services not being provided on time. Such an outage jeopardizes the fulfillment of orders and disrupts the smooth running of the company.
• Increased costs associated with crisis management: Improvised solutions to unexpected absences usually cost more money. You may have to pay overtime to other employees, quickly find a temporary worker or external contractor, or pay for express delivery to make up for the delay. Crisis solutions are always more expensive than planned ones – and these unexpected costs come directly out of the company's budget.
• Breach of employee duties and related consequences: For the employee themselves, failure to comply with the reporting obligation has disciplinary consequences. It is a breach of work duties, which can lead to a warning or a written reprimand, and if a similar situation occurs again, even termination of employment. The employee risks losing their job
• and damaging their reputation in the eyes of their employer, which may affect their future career.
• Claims for damages from the employer: If the company suffers damage due to unreported absence, the employer may claim compensation. For example, if failure to comply with the notification obligation led to the loss of an important order or a contractual penalty from a customer, the employer may require the employee to compensate for the damage incurred. Although the law limits the maximum amount of compensation for which an employee is liable in the event of negligence, the principle is clear—whoever causes damage through their own fault may bear financial responsibility.

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How employers can prevent problems

The good news is that many problems can be prevented by taking appropriate measures. As an employer, you can implement several preventive steps that will significantly reduce the risk of chaos caused by unreported obstacles:

• Define clear rules for communicating obstacles at work: Include in employment contracts and internal regulations the exact procedure for employees to report obstacles at work. Specify to whom they should report planned absences, how far in advance, and in what form (e.g., in writing, by email). Also establish an obligation for employees to report unexpected obstacles as soon as possible. When the rules are formally established and employees are demonstrably familiar with them, they cannot subsequently claim ignorance.
• Insist on written notifications and documentation and keep records of everything: Require that every obstacle (if the situation allows) be reported in writing—for example, by email or using a form. Likewise, insist on documentation of the obstacle with relevant documents. Archive all excuses, confirmations, and requests in the system or file documentation. Systematic record-keeping will provide you with a clear overview and evidence in the event of recurring problems. Modern HR software or at least a shared calendar can streamline and clarify this process.
• Respond flexibly but consistently: When an obstacle arises, act with understanding for the situation, but at the same time insist on compliance with the rules. If an employee repeatedly violates their reporting obligation or you have doubts about the validity of their excuses, do not turn a blind eye. Early intervention is better than long-term tolerance. Discuss the issue with the employee concerned and, if necessary, inform them of the possible consequences. And before you decide on drastic measures (such as dismissal), consult a lawyer—ideally with experts from ARROWS, who deal with these issues on a daily basis and can advise you on the best course of action.
• Educate management and HR staff: Make sure your line managers and HR staff are familiar with the rules and legal implications of obstacles to work. It is often team leaders who are the first to learn about absences, so they should know how to respond, what information to request, and when to escalate the matter. Regular management training in this area will help ensure that policies are followed consistently. Company management should lead by example and consistently enforce internal rules.

• Train and inform your employees: Don't underestimate the importance of educating your employees. When new colleagues join the company, familiarize them with their responsibilities in the event of obstacles to work. Remind them of the rules for reporting and documenting obstacles, for example through internal training, clear manuals, or regular meetings. When employees understand the reason for these rules (that they are not unnecessary bureaucracy but ensure the smooth running of the company), they are more likely to comply with them.
• Ensure that key positions can be covered: Even with the best prevention, occasional absences are unavoidable. Therefore, plan ahead and always have a substitute or emergency plan in place for key roles. Train more people for critical activities, share know-how among the team, and keep an updated list of colleagues who can take over the absent employee's agenda if necessary. This will significantly reduce the risk of sudden absences catching you off guard and paralyzing important processes.

A professional approach saves time, money, and the company's reputation

Do not underestimate the importance of well-established rules and open communication about obstacles at work. Preventive measures and consistent compliance with obligations will pay off many times over – in the form of saved time, money, and a reputation as a reliable partner for your clients. A responsible approach in this area is an investment in the peace of mind and stability of your business.

ARROWS has extensive experience in this area and offers comprehensive legal support to companies of all sizes in the field of labor law. We will help you set up functional internal rules, resolve any disputes, and prevent problems before they threaten the operation of your company. Our lawyers deal with similar situations every day, so we can advise you quickly and practically.

Don't leave anything to chance. Want to make sure your company is well prepared for obstacles at work? Contact us and get reliable, tailored legal support. We are ready to help you protect your business from unexpected downtime.

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