From BZ/dpa
If the trains stand still, this affects the employer little. Because how employees get to work is their business. But what if there is no other public transport?
Even if train and bus staff are on strike and public transport is largely at a standstill as a result, employees must be punctual at work.
“The so-called travel risk is always borne by the employee, whether there is a strike or not,” says lawyer Nathalie Oberthür.
A strike is not an unforeseen event. As a rule, it is announced in good time, i.e. about the day before or even earlier.
Other forms of public transport, car sharing, short distances – it is generally easier to dodge in the city than in the country. Legally, however, this has nothing to do with the matter.
“If necessary, employees have to take a taxi at their own expense, which is also reasonable,” says Oberthür.
And what about home office? If working from home is already part of everyday work, the employee has a good chance of being allowed to do so on the day of the strike.
As part of his duty of care, the employer should be obliged in this exceptional case to enable work to be carried out at home. However, there is no case law on this yet.