Persistent rain and storms are also likely to cause disruptions and interruptions to public transport on Monday. Employees do not have to fear legal consequences if they show up late or not at all due to the storm. However, there are rules that must be followed.
The employer must be informed about this as early as possible, according to the Austrian Federation of Trade Unions (ÖGB) and the Chamber of Labour.
In case of natural disasters ‘staying away is justified’
There are no negative consequences for employees in natural events such as heavy storms, floods or mudslides. “It is a reason for being prevented that justifies the absence,” explains ÖGB labor law expert Martin Müller. However, employees should do everything that is reasonably possible to be in the office on time.
The employee must take reasonable precautions
In addition, employees must immediately inform their employer and provide proof of the absence. Furthermore, employees are required to take all reasonable precautions to arrive at work on time despite the natural disaster, the AK announced on its homepage this weekend. For example, if a train is cancelled, car owners should switch to cars to keep the disruption to service as low as possible. Employees are also entitled to continued payment of wages.
Prevention is also allowed for childcare
Absenteeism also occurs when children cannot go to nursery or school and parents have to provide childcare. “I am obliged to fulfil my duty of care and can stay at home with the child during this time – even without having to take vacation or compensatory time,” says ÖGB labor law expert Martin Müller.
The question becomes more difficult whether employees are allowed to stay away from work to protect their property or that of family members. Because this has to be checked on a case-by-case basis. In one case, the Supreme Court ruled that there was a reason for the inability to serve, because the flood relief for siblings would not tolerate any delay.
Volunteers must inform employers
Anyone who volunteers for support services must discuss this with their employer in advance and, for example, take vacation or compensation time. It is different when employees do volunteer work for an aid organization. They may then stay away from work, but must also inform their employer of this. However, continued payment of wages is not guaranteed.
Emergency aid, for example to save someone’s life, can also be provided without the employer’s permission. But here too, the employer must be informed about this – even if this happens afterwards.
Employer is not obliged to continue paying wages
If the disaster affects not only the company but also the general public, the employer is not obliged to continue paying wages, the AK also found.
Source: Krone
I’m Ben Stock, a journalist and author at Today Times Live. I specialize in economic news and have been working in the news industry for over five years. My experience spans from local journalism to international business reporting. In my career I’ve had the opportunity to interview some of the world’s leading economists and financial experts, giving me an insight into global trends that is unique among journalists.
