Commuters are not spared the journey to work, even though it now takes considerably longer to get there due to the railway closures after the flooding. “You have to do everything that is reasonably possible to provide work management,” explains labor law expert Martin Gruber-Risak from the University of Vienna. The fight for compensation is particularly difficult for holders of climate tickets.
What is considered reasonable in a specific case depends on various factors; working from home is often also an option, he explained on Thursday in the Ö1 “Morgenjournal”.
Employees must do everything that is reasonable
In principle, there is always a case of incapacity for work that justifies continued payment of wages, “if the work is not performed for reasons attributable to the employee but not his fault,” says Gruber-Risak, who works at the Institute for Labor and Social Law at the University of Vienna. Employees must still do everything that is reasonably possible to still be able to do their work. If a rail line is closed, this would mean switching to the car or another route by public transport.
How much extra 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 Act, where a return journey of two hours per day is considered ‘at least reasonable’ for a full-time employment contract.
No car? Then there is a risk of termination
It becomes problematic if employees have no alternative to the closed train, for example because they do not own a car. “Then it becomes impossible for me to do my job. If I have no alternative, I will probably be threatened with termination of the employment relationship,” says Gruber-Risak railway line is open again.
There is no right to work from home in Austria. However, in industries where working from home is also possible, it may be conceivable that the possibility of working from home must be granted within a reasonable period before termination occurs.
Childcare is a matter of age
If younger children are unable to attend school due to route closures, it is generally possible for a parent to stay home and take on care responsibilities. However, this also depends on the age of the child; the limit is usually twelve years. The question is also whether other care options would be reasonable, for example with relatives.
In short, it is important to find a solution together with the employer. If this does not work, employees can contact the Chamber of Labour (AK).
Tough battle for compensation for climate card holders
The months-long closure of the western route is particularly bitter for holders of climate tickets. Compensation for the route closure could be difficult, the Passenger and Passenger Rights Agency (apf) said in response to an APA request.
For apf, two options can be considered: a subsequent pro rata compensation in case of non-use or termination. However, since the climate ticket is a network card that in principle applies to the entire transport network – i.e. in the whole of Austria or in the respective transport association – this could make a later pro rata compensation more difficult.
Floods are not a reason for extraordinary termination
However, the climate ticket can only be cancelled without giving reasons from the seventh month onwards. A cancellation fee of one month will then be charged. If there are certain reasons – such as moving from Austria to another country – the ticket can be cancelled for the entire period of validity without cancellation costs. Unfortunately, the collective labour agreement does not allow for extraordinary cancellation in the event of non-use due to a flood, the apf explains.
The organization therefore advises all those affected to demonstrate that they are dependent on a closed route for their regular travel. Ultimately, the decision on this lies with the responsible companies – for the Austrian climate ticket it is One Mobility or for the regional climate ticket it is the respective transport association.
Termination and later new contract is a matter of goodwill
It would be possible to cancel the climate ticket as long as it is hardly possible to use it and to re-contract it as soon as the route used can be used again. 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 apply for a goodwill arrangement or, if necessary, cancel the climate ticket for the duration of the route closure.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
