All of the questions in the Overview: I Am bound to come in spite of the strikes to work on time? What it means in this case “reasonable”? Is the name of the higher travel costs are reasonable? Can I be terminated when I come because of the strike too late? I have to stop at Kita-times – can I go early so I can pick up the kids on time? I work part-time and make it with alternative means of transport only with a large delay to the office. Can I work from home? May order the employer that lost work time will need to be reworked? I’m on an alternative Route or other means of transport as well as accident insurance? My vacation ends. Because of the train strike, I’m not home in time to be punctually the next day at work. What should I be aware of? view More I Am obliged to come, in spite of the strikes to work on time?
Yes. Workers carry the so-called directional risk. This is true for all of the foreseeable obstacles on the way to work, such as the strikes in the transport, but also ice and snow or a storm fallen trees. In principle, workers are obligated to appear for work on time.
Because the strikes are usually announced at least 24 hours in advance, the delay on the way to work to plan. Employees are encouraged by the case law of the Federal labour court (BAG) in Erfurt to use all other reasonable means of transport or alternative routes. Also, you are required earlier launch. the
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which means in this case “reasonable”?
The question of reasonableness must be determined in each individual case. In the case of a severely disabled job judges define the criteria for the acceptability of different than with a completely healthy workers. In the rule, the chief may require that its employees have to resort to Bus or U-Bahn, the wheel (if it is a path of a few kilometers) or to carpool with other colleagues. Also, it is reasonable that employees leave for up to an hour or two earlier. Not reasonable, however, is that workers leave the night before, stay in a Hotel or costs, which eat up your salary.
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this Means that higher travel costs are reasonable?
Yes, as long as you stay within reasonable limits. Anyone who takes one day a Taxi for 20 euros, instead of taking the S-Bahn that will remain on the costs, and not on the employers to settle. Unless the employment contract, a works agreement or a collective agreement rules are slightly different – but the boss offers this possibility.
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Can I be terminated when I come because of the strike too late?
no – but it applies in labor law the principle that there is no work, no pay. The employer cannot reduce the wage if the employee appear for work on time. In the case of repetition, he may issue even a warning. In reality, employers do not make use of such measures, but only if it is a genuine misconduct of the employee, for example, if the employee says in the morning, know that he shows up because of the strike too late, and only hours later, and several days successively repeated, in spite of a conversation with the boss.
Tina Groll
Tina Groll is an editor in the Department of politics, the economy and society at a TIME ONLINE. She writes, among other things, on labour law, women and career, as well as equality. In 2016 the book kids + career = conflict appeared? on the (Un-)compatibility of family and career. Together with Sabine Hockling it operates www.diechefin.net a Blog for Executive women. Your profile page, you can find here.
rework is not often easy so, even if the majority of companies here are quite accommodating. The remaining work at a later time is likely to catch up in Establishments with trust-based working hours and a flextime model to the simplest possible. The shift, however, it is operated for the employer, much more difficult to react flexibly.
employees due to a long strike too late, then also the companies are in the obligation to respond to this predictable event to be as flexible as possible. Many companies give their employees these days holiday or make it possible for uncomplicated Overtime to reduce. And often there are collective agreements and company agreements, or control agreements, have regulated a procedure for such situations.
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I have to stop at Kita-times – can I go early so I can pick up the kids on time?
Also applies to this question: A right to claim it. If the boss allows, is the grace. But in General, it is the Problem of the individual employees.
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I work part-time and make it with alternative means of transport only with a large delay to the office. Can I work from home?
Unless the company has rules on tele-working or easy way to work from the home office, it should be possible. There are, however, no clear rule, and the chief to be present, would be in the individual case to consider whether the reasonableness is still guaranteed. This would be the case if the part-time force arrives so late at the workplace, that they would be only for a very short period of time – maybe an hour or two. Affected person should immediately seek the conversation with the supervisor and clarify what is here useful.
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the employer May require missed work time will need to be reworked?
Yes, unlike if the employee provides it, is such an arrangement in the case of trust-based working hours and within the working time on jeden case possible. There is, however, a fixed layer model with clear working hours and a works Council, the employer may order the easy way, but must get the consent of the workers representatives, if the rework is to be done outside of the controlled layers.
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I Am insured on an alternative Route or other means of transport as well as accident?
employees are insured on your way to work, on the employer’s accident. And this insurance applies in case of Strike, also, if a different Route or a different system is used. A prerequisite is, of course, that is the under these circumstances, the direct way to and from work. (And also applies if you collect on the way other colleagues.) And, of course, that the employee is not sitting drunk at the wheel of a self-fault is assumed.
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that ends My vacation. Because of the train strike, I’m not home in time to be punctually the next day at work. What should I be aware of?
here, Too, the ways of risk rests with the employee. Who sits in the holiday because of a strike (or even because of an ash cloud), the needs of his employer. Then the bug will be credited with the days as unpaid leave. Also there is no wage Without work. If appropriate, leave not taken may be counted for days.
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