If you are at fault, you may be warned or dismissed
Attorney Arnd Kempgens also agrees. He explained to the Westfälisches Anzeiger that employees who report the delay too late are threatened with a warning. In extreme cases, if you are responsible for the delay yourself and similar cases occur more often or if you do not send the information to the employer promptly, experts say that you may even be threatened with dismissal. But in an interview with the Kölnische Rundschau, specialist lawyer for labor law Jürgen Markowski reassured employees in the flight chaos: “That can only happen if I culpably violated an obligation under labor law.” It is therefore best to obtain confirmation of the delay from the airline and present this to the employer. In this way you can be on the safe side and not cause unjustified resentment on the part of the employer.
The employer does not have to compensate for the absence
A late return to the office has another consequence – according to paragraphs 326 and 275 of the German Civil Code, employers do not have to pay their employees if they do not perform well. Markowski emphasizes: “There is only wages for work.” Statutory remuneration regulations for a loss of work do not apply when returning from vacation. “You just don’t get any wages, the employment relationship is suspended during this time.”
Individual solutions in consultation with the employer are the best way
Kempgens therefore recommends finding an individual solution with the employer as soon as possible after the announcement of the delay. It is conceivable, for example, to shift the working hours for the first few days after vacation or to compensate for the absence with remaining vacation and overtime. However, neither the employer nor the employee has to accept such a solution – if there is no consensus, the loss of wages remains.
By the way: It is not enough to simply inform the employer about the cancellation of the flight or train connection. Employees are obliged to look for reasonable alternatives in order to return to the office on time if possible.
Olga Rogler / Editor finanzen.net
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