In view of the nationwide major strike on Monday, there is a risk of standstill. But what if you depend on public transport? What employees should know.
The most important things at a glance
At the beginning of the week, all of Germany was confronted with an unprecedented warning strike. Whether on land, on water or in the air – the strike by the EVG rail union and Verdi affects long-distance and regional rail transport as well as motorways, waterways, local transport in many federal states and municipalities and almost all German airports (more on this here ).
This can be stressful for employees without their own car. And even those who can switch to the car should have problems. After all, there are likely to be millions of additional commuters on the roads (read here how best to behave in traffic jams), and some motorway tunnels could also be closed. So what do you do when public transport fails? t-online answers the most important questions.
Can I be late or stay at home during a strike?
No. Even if train and bus staff are on strike and public transport is largely at a standstill, 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.
Does the employer cover any transport costs?
No, the employer has nothing to do with that either. For example, if you switch to car sharing or order a taxi, you do so at your own expense. That is reasonable, according to Oberthür.
Do I have the right to work from home in the event of a strike?
If working from home is already part of everyday work anyway, you have a good chance of being allowed to do so on the day of the strike. In this case, the employer is likely to be obliged to make working from home possible due to his duty of care. It is best to raise the issue with your manager. However, there is no case law on this yet.
What applies to parents if the day care center is also on strike?
You may be allowed to stay at home if you are unable to have your children cared for elsewhere. Section 616 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) stipulates that an employee may be absent from work for a “not significant period of time” for a “reason not related to his person”.
Employment lawyers usually understand “not significant” to mean two to three days. If the strike lasts longer, the legal protection no longer applies. The parents can be expected to have organized a babysitter or other type of care by then.
Employees should also always look at their employment or collective agreement. If something else is regulated there than provided for in § 616 BGB, you are bound by these regulations.
Do children have to go to school when the bus and train are on strike?
Just as a strike is not a sufficient reason for employees to be absent from work, students must not skip classes either. Because compulsory school attendance also applies in principle to strikes in local public transport. In Bavaria, students are allowed to stay at home under certain conditions. The same applies to Baden-Württemberg.
Each school can also decide for itself whether to exempt affected students from classes. In rural areas in particular, the alternative options are limited when buses and trains are canceled and the paths cannot even be covered by bike or on foot. As in the times of the pandemic, schools sometimes switch to digital lessons.
