As of: January 19, 2024, 8:02 a.m
By: Anne Hund
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If there is black ice or snow on the roads, employees should allow more time so that they can still arrive at their workplace on time.
Not everyone can or is allowed to work from home.
And so employees who have to go to the office or factory floor, for example, have to plan for the fact that their journey to work may be delayed due to weather, especially in winter.
What happens if you show up late at work because of black ice or snow?
Can there be a warning if you are late?
“If there are flexible working hours, the delay can be made up,” says labor law specialist Nathalie Oberthür, according to a report by the German Press Agency (dpa).
A warning is also generally permissible in the event of a delay, “since the employee is responsible for starting work on time,” said the specialist lawyer.
The best thing to do is to set off in good time and be careful when traveling, as the report says.
Winter often makes the commute to work difficult - but you should still arrive at the office on time.
(Archive image/symbolic image) © Marcus Brandt/dpa
Late for work because of black ice – what about your wages?
In principle, it is up to the employees how they get to work, as stated by the Verdi union.
They owe their employer to show up on time, according to a post on their website.
“If employees arrive late for work due to the weather, they are not entitled to any wages for the time they did not work.” It is different if an overtime account is kept by the employer;
The missed hours would then be recorded as negative hours and could be made up at a later time.
When there is black ice, there is a so-called objective traffic situation, as
Bayern3.de
also states on the subject - which means that it affects all employees.
The situation is different if subjective reasons lead to a delay.
The report explains it using an example like this: If you get into an accident due to slippery roads through no fault of your own, you couldn't have predicted it beforehand.
According to the
BR
report, the boss can't turn this into a trick .
In Verdi's earlier article, the legal situation is explained, among other things, as follows: Only in a few exceptional cases does the employer have to continue to pay wages despite the lack of work if the employee "works for a relatively insignificant amount of time for a personal reason through no fault of his own." is prevented”, i.e. stay away from work.
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What applies if the school switches to distance learning?
Parents can also face another problem: if the school switches to distance learning because of black ice and the child has to be looked after at home.
According to the BR report, this is also a subjective reason.
According to §616 BGB, wages must then continue to be paid - unless this is explicitly excluded in the employment or collective agreement or a corresponding company agreement.
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No right to home office
Basically, everyone should know that there is no right to work from home, even when there is snow or slippery roads.
“Home office is only permitted with the agreement of the employer,” emphasizes specialist lawyer Nathalie Oberthür, according to dpa.