Apart from Corona, there are also imponderables on vacation: natural disasters or a strike, for example, can leave employees stranded at the resort.
Is there still a salary - and what needs to be done?
A closed airport due to a volcanic eruption, a pilots strike or a defective car: reasons why an employee cannot show up to work on time * after their vacation * abound.
Returning from vacation too late through no fault of your own - that's what labor law says
Because it hits you through no fault of your own, you should actually continue to receive a salary, some might think.
But this is not the case, as Jürgen Markowski, specialist lawyer for labor law in Offenburg, explains.
"It is a principle in labor law: There are only wages for work," says Markowski, who is also a member of the executive committee of the labor law working group in the German Bar Association (DAV).
Statutory or collective bargaining regulations, which also provide for
compensation
for
downtime
, do not apply to a late return to vacation, as court rulings show.
"Unfortunately in such a case there is no relevant regulation and therefore
no continued payment of wages
."
+
Jürgen Markowski is a specialist lawyer for labor law and a member of the executive committee of the labor law working group in the German Lawyers' Association (DAV).
© Marion Stephan / Manske & Partner / dpa-tmn
Rather, employees must
inform
their
employer immediately
that they cannot come back in time.
“If possible, they should get a confirmation for this.” It is also an employee's duty to find alternative travel options.
That could mean traveling back by train instead of by plane.
Also read:
Warning: In these cases, your boss may warn you.
No wages, but no punishment either
However, there is also no penalty for appearing too late through no fault of your own.
“You just don't get any wages, the employment relationship is suspended during this time,”
says the labor lawyer.
"I can of course agree with my employer to take vacation or, if available, to use a temporary work account." However, that is a matter of agreement.
A warning or even
termination are not justified
.
“That can only happen if I have culpably violated an employment contract,” says Markowski.
"But if I don't inform the employer, there can be consequences."
As a precaution, Markowski does not think it is a good idea to take the business laptop with you on vacation so that you can work from there in the event of an emergency.
Something like that always has to be coordinated with the employer.
However, if you are expecting a natural disaster at your holiday destination, you should perhaps not even travel there.
(dpa / ans) Merkur.de is an offer from IPPEN.MEDIA
.
Also read
: Salary: These are the highest-paid professions in Germany in 2021.
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