A major strike paralyzed Germany on Monday. Many workers will have trouble getting to work. What are their rights and obligations?
It is well known that warning strikes paralyze certain means of transport. On Monday, however, a very special traffic chaos threatens in many places. The reason: the services union Verdi and the railway and transport union EVG have joined forces for a joint warning strike that affects many different means of transport at once. What does this mean for employees? The overview.
What’s not working?
Deutsche Bahn will completely stop its long-distance traffic on Monday. In the case of regional and S-Bahn trains, “mostly” there will be no trains. “Also on Tuesday, numerous trains will be canceled due to the after-effects of the strike.” Local bus and tram transport is also affected in seven federal states: in Baden-Württemberg, Bavaria, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saxony. Airports and even shipping are also on strike. The closure of motorway tunnels is to be avoided through emergency service agreements, but the roads are likely to be exceptionally crowded.
Are workers allowed to stay at home because of the strike?
Just like that, of course not. Just because others are on strike, you still have to do your job. If you basically have the opportunity to work from home, you are in a good position. Employees should discuss this with their boss. In direct discussions, solutions can often be found anyway that are in the interest of both parties. However, if the employer insists on being present, the employee must think about how to get there in good time.
Am I obliged to switch to other modes of transport?
Yes. Employees must do everything “reasonable” – even if this means that they have to leave earlier, organize car pools or incur additional costs. “If necessary, employees have to take a taxi at their own expense, which is also reasonable,” says lawyer Nadine Oberthür of the DPA. A two-hour taxi ride on the motorway, on the other hand, should no longer be considered reasonable for the vast majority of salary classes, nor should an arrival the day before. If there is no reasonable possibility, a day of vacation must be taken if necessary.
What if I arrive late (or not at all) at work?
According to labor law, the employee wears the so-called . This means that he is responsible for getting to work on time, even in the event of general traffic disruptions, especially since these are announced. If he does not manage to do this, the employer can theoretically warn him or reduce his salary, provided that there are no collective or company agreements to the contrary. If you get stuck in traffic despite your best efforts, you should at least let work know. That way, you might be able to avert more trouble.
Does my child have to go to school despite the strike?
Yes. Compulsory schooling has not been lifted due to the strike. “In the event of events announced in advance, such as a local public transport strike and the resulting impairments, compulsory schooling continues,” quoted the Ministry of Education in North Rhine-Westphalia. Parents have to think about this as well.
What about workers who go on strike themselves?
Those who are in the union and take part in the strike themselves do not have their work duties. “If ver.di has called for a strike and the employees join the call for a strike, the obligation to work is automatically suspended for the duration of the strike,” writes the . According to Verdi, striking workers do not have to report to their superiors either. Only “key holders” may have to clarify where and to whom they give the key.
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Source: Stern
