Winter chaos on the commute: What are the legal implications under labor law?

Snow, ice, and storms often cause delays in public transport during the winter. Roads are blocked, and schools sometimes close at short notice. This raises the question for employees of what the employment law consequences are if they are late for work or unable to arrive at all.

The following article explains the legal situation. It shows what obligations employees have and when claims may arise.

Delay due to snow: Who bears the risk of the route?

According to established case law, the so-called " commute risk" lies with the employee. This means that employees are generally responsible for arriving at work on time – even in bad weather conditions.

If a delay occurs due to snow or ice, there is no entitlement to compensation for the lost working time. The principle "no work, no pay" applies. This is pointed out, among others, by the trade union lawyer Till Bender in an article by IG Metall.

There is no obligation to automatically make up for the missed time. However, in companies with working time accounts, lateness can be recorded as negative hours.

Source: IG Metall, Labor Law – Commuting Risk

Duty to provide information to the employer

If it is foreseeable that delays or work stoppages will occur due to weather conditions, employees are obliged to inform the employer immediately .

It is advisable to initiate a conversation early on and offer possible alternatives, such as:

• Working from home, if possible

• flexible working hours

• Making up for the missed hours

Failure to provide information may have consequences under labor law.

Severe weather warning and unreasonableness of the commute

The situation may be different in the event of an acute severe weather warning , such as for extreme black ice or storms. In such cases, the commute to work may be unreasonable .

The German Trade Union Confederation points out that in exceptional cases, a so-called justified inability to work may exist. Employees are then permitted to stay away from work if the commute cannot be completed safely for objective reasons. However, even in this case, there is an obligation to inform the employer immediately.

Source: German Trade Union Confederation (DGB), Work stoppages due to extreme weather

Daycare or school closed: Special regulations for parents

Special questions arise when schools or daycare centers close due to weather conditions and employees have to look after their children.

In these cases, Section 616 of the German Civil Code (BGB) may apply. According to this section, there may be an entitlement to continued payment of wages for a relatively short period if the employee is prevented from working through no fault of their own due to a reason inherent in their person.

The need to care for a child due to a short-term school or daycare closure can constitute such a reason, provided no alternative childcare is available. However, Section 616 of the German Civil Code (BGB) is frequently excluded in employment contracts or collective bargaining agreements. In these cases, there is no entitlement to remuneration.

Legal basis: Section 616 of the German Civil Code (BGB)

Conclusion

Winter traffic problems do not automatically release employees from their obligation to work. Generally, the employee bears the risk of travel delays and is not entitled to compensation. Exceptions may exist in cases of extreme weather or short-notice childcare needs, but these are legally limited.

If in doubt, early legal advice is recommended to avoid disadvantages under labor law.

You can find more information about employment law for employees HERE .

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