Do I get paid for not being able to work due to technical issues? [closed]

Question

I have a full-time remote job, but I haven't been able to work for two weeks due to technical issues with my work equipment. Nothing in my contract says anything about salary if absent due to technical issues and my supervisor is now telling me that it may affect my paycheck, but getting only half a salary is hard to survive from. So do I have the right to receive my whole salary because it's their equipment that is not working and there is nothing I can do about it or can I only get money for the hours I actually worked?

Answer 1

It would depend on your actions. Since you can't do the work that the company was intending for you to do, you automatically have a new job, which is doing whatever you can to change the situation.

For example, if your VPN connection breaks down, you can't do your job, and you wait two weeks without telling anyone, that's bad for you. If you call your company's IT department immediately, and they don't fix it within a few hours, so you call them again and call your manager and escalate it, and that drags on for two weeks where you do what you can to get your connection back, that's the company's problem.

I would also expect that you use the time to do things that help you in your job, like reading books about aspects of your job, documenting things, doing less important things that you can do, and so on instead of just doing nothing.

Answer 2

You will probably need to prove that the employer is to blame for the impediment. You may also need to prove that you did everything you can to notify them of the problem, fix the problem yourself and/or cooperate with them in order to fix it. If that's the case, then they can't withhold you your payment

Answer 3

I don't think that withholding salary for an employee is lawful (disclaimer: I am not a lawyer). Normally employees aren't paid based on their output, but on the time they are available for the company (the time they are in the office, or in your "full remote" case, the time you are available to them in your home office). But to be sure, check your contract. During work time you are paid to do what your supervisor tells you to do. If it's not possible for you to complete your tasks, you communicate that immediately and best in writing. After that it's your supervisors problem, not yours.

Apart from that, if your supervisor thinks you didn't communicate enough, or didn't do what is neccessary to overcome the issues, he/she has legitimate ground for disciplinary action against you. But withholding salary is normally not a tool in that toolbox (but also here, check your contract).

So what does that mean in the real world? If your employer withholds a part of your salary, this is most probably unlawful. But if it's a good idea to sue your employer is a hard decision to make. In my opinion, regardless of the outcome, I would look for another job. I can't imagine that it's fun to work for such a dysfunctional company.

Answer 4

IMHO, it depends on your employment type, check your contract

If you are an employee, it should not affect your paycheque, especially when employer is the one responsible for not providing the working environment

But, in case you are freelancer for the employer, it may.

Answer 5

In some jurisdictions, it can be lawful to stand down workers when it's impossible for them to work.

Example in Australia:

An employer may stand down an employee during a period in which the employee cannot usefully be employed because of a number of circumstances including:

• industrial action (other than industrial action organised or engaged in by the employer)

• a breakdown of machinery or equipment, if the employer cannot reasonably be held responsible for the breakdown, or

• a stoppage of work for any cause for which the employer cannot reasonably be held responsible.

So, in Australia, it would depend on if the reasons for the non-functioning equipment.

Maybe, for example, the equipment is heavily specialised, and on transit to your home, was involved in a car accident and damaged. Due to the nature of the equipment, it's difficult to replace.