Status: 16.01.2024, 17:15 PM
By: Anna Katharina Küsters
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If you are late for work, you are violating your obligations to your employer. At a certain point, termination can follow.
There are various reasons why employees do not arrive on time at work. Rail strike, a broken down car, traffic jams on the motorway – these are just a few of many. But no matter what the reason for being five minutes or 30 minutes late at work is, it is the responsibility of the employees. This is because, according to the law, they bear the so-called travel risk.
Planning for the risk of travel is mandatory
If you are late for work, you will suffer the consequences. © Pond5 Images/Imago
Travel risk is the obligation to ensure that you arrive at work on time. It doesn't matter what the external circumstances are. A rail strike is usually announced in advance, so employees generally have enough time to look for another means of transport to work. Traffic jams can also be planned for in most cases: If the motorway is congested every morning due to rush hour traffic, it is the employees' duty to leave earlier in order to still be on time.
If a delay nevertheless occurs, no matter how long, employees must expect consequences. These follow in the first place in the form of a warning. According to the law firm Grasmüller and Wehner, such a warning does not yet have any legal consequences, but shows the employee that he or she has not behaved correctly. A written warning should therefore contain the following points:
- Accurate documentation of the violation
- List of days, duration and number of delays
- Clear indication to employees that they have behaved incorrectly and how they should behave in the future
- Notification that termination is imminent if the employee does not change behavior
However, the boss is only allowed to send such a warning if the delays are piling up. In other words, if you have never been guilty of anything, have always been punctual and then arrive late, this is not a reason for a warning.
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The warning may be followed by a termination
If the lateness creeps in despite the first warning and is repeated two or three times within a month, for example, the employer has the right to send another warning. According to the Hasselbach law firm, termination is possible if there are several warnings within a short period of time for the same reason – i.e. repeated unpunctuality. A warning should therefore not be taken lightly by the worker.
Late work: There are always exceptions
Whether a warning or termination is actually issued always depends on the individual case. For example, there are reasons why people are late for work that should not be reprimanded. These include, for example:
- an accident
- he or she had to administer first aid
- a fire brigade or THW operation
- unforeseeable school loss of the child and there is no caregiver at home
In addition, it is clear that good communication is always key. If you are late, the first thing you should do is talk to your superiors and explain your reasons. Often, all anger is gone after that and a warning is no longer necessary.