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If you foresee that you will not be able to leave a cruise ship - even if you are healthy - you should contact your employer and ask for additional vacation days.
© Andrea Warnecke/dpa-tmn/dpa
If a cruise ship is not allowed to dock due to gastrointestinal illnesses, employees may not be able to return to work on time.
What are the consequences and what should be done?
Gütersloh - Anyone who is sick will have their holiday clock stopped.
This also applies on a cruise ship, confirms labor law specialist Johannes Schipp.
However, the employer must be informed as quickly as possible.
“And you need a certificate that says two things: firstly, that you are sick, and secondly, that you are unable to work.”
In the case of a gastrointestinal illness, the situation is quite clear: “I can't imagine a case where I would still be able to work, i.e. be able to carry out my professional activity.” Those affected must then have such a certificate issued by the ship's doctor.
Breach of work obligation
If you are not ill yourself, you will of course not have any vacation days.
And if employees are unable to return to work on time due to illness on the ship, that is their personal bad luck.
“I am violating my work obligations, even if I am not guilty of this, and therefore do not receive any remuneration,” explains Johannes Schipp.
Johannes Schipp is a specialist lawyer for labor law in Gütersloh and a member of the German Bar Association (DAV).
Johannes Schipp
Can this also be regulated by, for example, taking additional vacation days afterwards?
“Strictly speaking, no vacation can be granted retroactively,” says the lawyer.
“But we often agree on it.” Or days off are taken into account.
Even a warning is possible
If you foresee that you will not be able to leave a cruise ship - even if you are healthy - you should contact your employer and ask for additional vacation days.
However, if these are not granted, the remuneration will be reduced.
“The employer could even think about whether to issue a warning,” says Schipp, explaining the legal situation.
Because no guilt is necessary for this.
“As a rule, the employer will not do this - unless such incidents occur more frequently.” dpa