Follow the rules!

No consequences if you don’t make it into work

(Bild: stock.adobe.com/Christian Schwier)

Persistent rain and thunderstorms will probably lead to disruptions and interruptions in public transport on Monday. Employees need not fear any consequences under employment law if they arrive late or do not show up for work at all due to the storm. However, there are rules that must be observed. 

The Austrian Trade Union Federation (ÖGB) and the Chamber of Labor have announced that employers must be informed as early as possible.

"Absence justified" in the event of natural disasters
In the event of natural disasters such as severe storms, flooding or mudslides, there are no negative effects on employees. "This is a reason for prevention that justifies absence," explains ÖGB labor law expert Martin Müller. However, employees must make every reasonable effort to arrive at the office on time.

The storm situation is particularly critical in Lower Austria - the picture shows the Waldviertel municipality of Zwettl.

(Bild: APA/DOKU-N…)

Employees must take reasonable precautions
Employees must also inform their employer immediately and provide proof that they are unable to work. In addition, employees are obliged to take all reasonable precautions to arrive at work on time despite the natural disaster, the AK announced on its website at the weekend. If, for example, a train is canceled, car owners must switch to their cars in order to minimize the disruption to work. Employees are then also entitled to continued remuneration.

Prevention also permitted for childcare 
Employees are also prevented from working if children are unable to attend nursery or school and parents have to take over childcare. "I am obliged to fulfill my duty of care and will be able to stay at home with the child during this time - even without having to take leave or compensatory time off," said ÖGB employment law expert Martin Müller.

The question of whether employees are allowed to stay away from work to protect their property or that of relatives is more difficult. This has to be examined on a case-by-case basis. In one case, the Supreme Court ruled that this was a reason for absence from work, as flood relief for siblings could not be postponed.

Volunteers must inform their employer
Anyone who volunteers for relief work must clarify this with their employer beforehand and take leave or time off in lieu, for example. The situation is different if employees are volunteers for an aid organization. In this case, they may be absent from work, but must also inform their employer. However, continued payment of remuneration is then not guaranteed.

Emergency aid, for example to save a person's life, can also be provided without the employer's consent. However, the employer must also be informed of this - even if it is after the event.

Employer not obliged to continue paying remuneration
If the disaster affects not only the company but also the general public, the employer is not obliged to continue to pay wages, the AK also noted.