The strike in the public sector hit hundreds of thousands.
It then becomes difficult for employees to get to the office.
Do employees have the right to work from home on strike days?
Munich – On Thursday and Friday there are public service warning strikes in Bavaria.
Subways and trams should no longer run in Munich on these two days, buses only in part.
In the course of the collective bargaining dispute, there have been warning strikes in day care centers and at airports for weeks.
All of this affects not only municipal employers, but also hundreds of thousands of workers.
Dominic Hauenstein, lawyer specializing in employment law at the law firm Kupka and Stillfried in Munich, provides answers to the most pressing questions.
What generally applies on strike days?
In principle, the two principles also apply on strike days: the risk of travel lies with the employee and “no work, no pay”.
This means that an employee cannot simply stay at home because the bus and train are not running.
It is the employee's risk not to live within walking distance of the place of work.
A strike day, which is usually announced, does not change that.
If the usual commute to work is not possible, the employee must look for a reasonable alternative.
What does reasonable mean?
It depends on the individual case.
Basically, one can say that it is reasonable to take a car or a bicycle instead of a short train ride.
However, I also need to have a driver's license or be physically able to ride a bike, otherwise it's unreasonable.
The employee must also bear any additional costs – for example for a taxi – himself.
But they must also be reasonable.
What if you're late for work?
Legally, it is the employee's responsibility to take into account risks such as traffic jams caused by the increased volume of traffic caused by strikes.
"I have to leave early enough, it's just not possible to be late," warns Hauenstein.
Working time accounts, through which you can make up for lost time, are ideal here.
If you are late for work, you should definitely let your employer know, otherwise you may face a warning.
In the worst case, if you are late for several days without an excuse, even a termination without notice, according to the lawyer.
Is there a right to home office or a day off on strike days?
No, there is no right to work from home because of a strike.
What is stipulated in the contract of employment applies as a matter of course.
“Of course, if there is an agreement here, that is something different,” explains Hauenstein.
There is also no entitlement to a day off because of the strike.
But you can, for example, agree to reduce overtime.
In most cases, a conversation between employee and employer helps.
What applies to parents whose children cannot go to kindergarten because of a strike?
The legal situation is somewhat different here. It is important to ensure that the child is cared for.
Basically, parents have to try to find an alternative care.
A parent is only allowed to stay at home if no one else can look after the children, such as grandparents.
If the strike was announced well in advance - that is, several days - it is reasonable to look for alternatives.
If there is no other possibility of childcare, then many parents have the right to take paid days off.
Paragraph 616 of the German Civil Code regulates the paid release of employees in defined cases and in a “relatively insignificant period of time”.
But be careful: Employees must inform themselves, because there are collective agreements and employment contracts