Winter chaos on the way to work

A glance out of the window is often enough to dampen the mood: overnight, the landscape has been transformed into a winter wonderland. What looks beautiful is, above all, a source of stress for working people. Frozen railroad switches, icy roads, or buses that don't even show up. In this situation, many employees rightly ask themselves: What does labor law actually say when snow and ice make the journey to the office an odyssey?

Commuting risk: Who is responsible in snowy conditions?

The most important principle in German labor law is clear: the so-called commuting risk is borne solely by the employee, as IG Metall points out. Employees are responsible for arriving on time – regardless of snow or black ice. There is no legal right to “snow-free” travel. The means of transport chosen is irrelevant; since employers have no influence on weather conditions, they do not have to share the risk of employees arriving late, as clarified by Tagesschau.

No pay for being late? The consequences under labor law

The financial consequence is clear: if you are late or do not show up at all, the principle of “no work, no pay” applies. Employees are generally not entitled to compensation for absences due to weather conditions, explains Jura.cc. Whether you have to make up for lost time depends on company regulations: with fixed working hours, there is usually no obligation to make up for lost time (but you will not be paid for that time), while with flexitime accounts, negative hours are accumulated that must be compensated for later.

Working from home and special regulations for parents

A common misconception is the assumption that you can stay at home and work from there on your own initiative when there is snow chaos. NDR clarifies: Even in extreme weather conditions, there is no automatic legal right to work from home, and working from home must always be agreed with the employer.

A special regulation applies here for parents when schools or daycare centers close due to severe weather. In this case, the reason for the impediment is a personal duty of care. In this case, according to § 616 BGB (German Civil Code), there may be a right to paid leave. However, caution is advised: in many employment or collective agreements, this right is explicitly excluded; in this case, vacation days or overtime must be used for childcare.

We hope you get through these snowy days safely and stay safe!