After storms

Commuters still have to get to work even when lines are closed

(Bild: APA/BUNDESHEER/BMLV/DANIEL TRIPPOLT)

Commuters are not spared the journey to work, even if it now takes them significantly longer to get there due to the rail line closures following the floods. "You have to do everything reasonable to get to work," explained labor law expert Martin Gruber-Risak from the University of Vienna. The fight for compensation is particularly difficult for climate ticket holders.

What is considered reasonable in a specific case depends on various factors, and working from home is often also an option, he explained on Ö1's Morgenjournal on Thursday.

Employees must do everything reasonable
An absence from work that justifies continued payment of remuneration always exists "if work is not performed for reasons that are attributable to the employee but for which they are not responsible", said Gruber-Risak, who works at the Institute for Labor and Social Law at the University of Vienna. Employees must nevertheless do everything that can reasonably be expected of them to still perform their work. In the case of a train line closure, this could be switching to a car or taking a different route on public transport.

How much additional travel time is reasonable depends on various factors, but there are no clear limits. As a rule of thumb, the expert referred to the Unemployment Insurance Act, which states that a commuting time of two hours per day for the outward and return journey for full-time employment is "at least reasonable".

No car? Then there is a risk of dismissal
It becomes problematic when employees have no alternative to the closed train, for example because they don't own a car. "Then it is impossible for me to work, if I have no alternative, then I will probably be threatened with termination of employment," says Gruber-Risak, as it is not reasonable for employers to wait until the train line is open again.

A commuting time of two hours per day for the outward and return journey for full-time employment is considered reasonable in any case.

Arbeitsrechtsexperte Martin Gruber-Risak

There is no entitlement to working from home in Austria. However, in sectors in which work can also be performed from home, it is conceivable under certain circumstances that the option to work from home must be granted for the foreseeable future before notice is given.

Childcare is a question of age
If younger children are unable to attend school due to lockdowns, it is generally possible for a parent to stay at home and invoke their childcare obligations. However, this also depends on the age of the child; the limit is typically drawn at the age of twelve. There is also the question of whether other care options are reasonable, for example with relatives.

In principle, it is important to find a solution with the employer. If this is not possible, employees can contact the Chamber of Labor (AK).

Tough fight for compensation for climate ticket holders
The months-long closure of the western line is particularly bitter for climate ticket holders. According to the Agency for Passenger and Passenger Rights (apf) in response to an APA inquiry, compensation due to the route closure can be difficult.

For the apf, two options could be considered: subsequent pro rata compensation for non-use or termination. However, as the climate ticket is a network ticket that is generally valid for the entire transport network - i.e. either throughout Austria or in the respective transport association - this fact could make subsequent pro rata compensation more difficult.

Flooding is not a reason for extraordinary termination
However, the climate ticket can only be terminated from the seventh month onwards without giving reasons. However, a termination fee of one month will then be charged. If there are certain reasons - such as moving from Austria to a foreign country - the ticket can be terminated without a termination fee for the entire period of validity. Unfortunately, extraordinary termination is not permitted under the tariff in the event of non-use due to flooding, explained the apf.

The organization therefore advises all those affected to prove that they are dependent on a closed route for their regular journeys. However, the decision ultimately lies with the responsible companies - for the Climate Ticket Austria this is One Mobility and for the regional Climate Ticket the respective transport association.

Cancellation and subsequent renewal a question of goodwill
It would be possible to cancel the climate ticket as long as it is hardly possible to use it and to purchase a new one as soon as the route used can be used again. In this case, the apf emphasizes that we must hope for a goodwill solution from the responsible companies.

The organization advises commuters who are severely affected by the route closures due to the flooding to contact the relevant transport company as soon as possible and request a goodwill solution or, if necessary, cancel the climate ticket for the duration of the route closure.