FOOTBALL HOOLIGANISM

How does an employer deal with off-duty misconduct, such as football hooliganism?

(Click on the country you want to view)

SOUTH AFRICA – THE HOST COUNTRY
ALGERIA
EGYPT
HONG KONG
INDIA
INDONESIA
ISRAEL
JAPAN
KENYA
KOREA
LIBYA
MAURITANIA
MAURITIUS
MOROCCO
NEW ZEALAND
NIGERIA
OMAN
SAUDI ARABIA
THAILAND
TUNISIA
UGANDA

SOUTH AFRICA – THE HOST COUNTRY

Generally, what an employee does after work hours is of no concern to his or her employer. As a general rule, an employer has no right to institute disciplinary proceedings against an employee unless it can show that it has some interest in the conduct of the employee outside the workplace. An interest would normally exist where some nexus exists between the employee's conduct and the employer's business. In the absence of such nexus, the employee's conduct is likely to be non-work related conduct or, as it is sometimes termed, ''off-the-job conduct”. It has been accepted that, where an employee’s misconduct occurs off an employer’s premises but impacts the workplace, the employer is entitled to take disciplinary action against the employee. In these circumstances, the employer has to establish that it has a legitimate interest in the matter, for example, the misconduct impacts on the employer’s business or affects the employer's reputation.

ALGERIA

If it is off duty, the company has no legal basis to take disciplinary action against the employee.

EGYPT

If it is off duty, the company is limited in what disciplinary measures it can impose on the employee.

HONG KONG

Depending on the terms of the employment contract, disciplinary action may be imposed. If the employee engaged in off-duty misconduct of such a nature as to make it unsafe for the company to retain the employee, then the employee may be summarily dismissed.

INDIA

A company may reprimand the employee for indulging in hooliganism, even while off duty, if the employee is convicted for any offence involving moral turpitude or if such behavior results in tarnishing the image of the company.

Back to top

INDONESIA

Under Indonesian law the act of hooliganism is itself a form of misconduct if it is done during non-working hours and outside the workplace. If the act of hooliganism involves a criminal act that causes the employee to be detained, the employer has no obligation to pay the employee’s wage but it must give aid to the employee’s family (i.e. 25% of the wage if the employee has one child, 35% for two children, 45% for three children and 50% for four or more children).

ISRAEL

Inappropriate behavior or football hooliganism is not the employer's business unless the behavior is related to work. If there is a serious criminal conviction, depending on the circumstances, it could result in a breach of the employment terms.

JAPAN

According to judicial precedents, an employee who engages in off-duty misconduct can be subject to disciplinary action if such conduct is likely to affect the smooth operation of the company or harm the company's reputation.

KENYA

Under the Employment Act, off-duty misconduct is not a justifiable ground for summary termination unless it leads to an employee being arrested for an offence punishable by imprisonment. An employer, however, can provide in the employment contract that any act by the employee that puts the company into disrepute will invoke disciplinary action.

KOREA

A company usually has Rules of Employment, which provide information on working hours, holidays, wages, absences, leave, wages, codes of conduct, as well as disciplinary action. Based on the Rules of Employment, the company can take disciplinary action against employees who violate provisions regarding the company’s codes of conduct. An employee’s misconduct during his/her off-duty time falls within the employee’s private life and cannot be subject to disciplinary action. However, when the company’s reputation is damaged due to an employee’s immoral or illegal conduct, the company may take disciplinary action against the employee.

Back to top

LIBYA

If the employee’s misconduct is off duty, no disciplinary action can be taken except if the employee has been convicted of a crime or misdemeanour involving dishonesty, infamy, or immorality, or has committed any act that causes serious material damage or loss to the employer.

MAURITANIA

As the misconduct is off duty, the company cannot take any disciplinary action against the employee.

MAURITIUS

Even if off duty, misconduct such as hooliganism still bears an effect on the reputation of the company. Depending on the circumstances after an investigation, the employee involved in such cases will be warned orally and, if his or her attitude does not change, he/she will face disciplinary action.

MOROCCO

If the misconduct is off duty, the company has no legal basis to take any disciplinary action unless the company can prove that it has suffered as a result of the employee’s private misbehaviour.

NEW ZEALAND

Generally, an employee cannot be held accountable to his/her employer for conduct undertaken while not at work. However, there are situations where an employee's conduct will be treated as bringing the employer into disrepute and therefore form a ground for disciplinary action or dismissal. Usually, there needs to be either some connection to the employer or criminal charges before the outside activities of an employee can be taken into account for this purpose.

NIGERIA

An employer’s authority over an employee is limited generally to the place of employment such that the employer cannot be held liable for any act done by its employees where an employee is neither in the place of employment nor acting in the course of his or her employment. Accordingly, where certain employees are involved in activities related to football hooliganism, the employer may be entitled to take action against the employee if the employer believes that such activities are harmful to its business or negatively affect the employee’s ability to perform his or her duties in accordance with the terms of his or her employment. The course of action that may be taken by the employer would depend on the contract of employment.

Back to top

OMAN

Under Article 40 (6) of the Omani Labour Law, if a worker is found guilty of an offence (for example assault as a result of football hooliganism), the employer can dismiss him or her without notice and without payment of end of service benefits.

SAUDI ARABIA

Pursuant to Article 70, "A worker may not be subjected to disciplinary penalty for an act committed outside the workplace unless such an act is related to the job, the employer or the manager in-charge."

THAILAND

Off duty misconduct in general has no employment law consequence.

TUNISIA

If the misconduct is off duty, the employer cannot take disciplinary action against the employee unless it expressly prohibits the behavior or activity. All that may be given to the employee is a caution.

UGANDA

If the misconduct is off duty, the company is limited in what disciplinary action it can impose unless company regulations expressly prohibit the behavior or activity. All that may be given to the employee is a caution.

Back to top