Background information

If natural events occur, such as floods, heavy snow, large-scale power outages (blackouts) or transport strikes, workers may be prevented from reaching their workplaces (at least on time).

This raises several questions which lie in the domain of labour legislation, including the question of whether continued pay through the employer would apply.

Content of measure

In the question of whether continued pay applies while a worker is prevented from working, case law distinguishes between spheres to which the impediment to service can be assigned to (sphere of employee, sphere of employer, neutral sphere), as well as between a comprehensive natural event (meaning a large number of workers is concernced of a locally not limited event) and a local natural event.

While in the case of a comprehensive natural event, the employer is generally not required to continue paying wages (however, collective agreements may contain different regulations), the employer has to pay wages if important personal reasons justify the employee's absence from work and the employee is not at fault. The prerequisite is that the employee immediately announces the absence from work and makes all reasonable efforts to start work as soon as possible.

If an employee cannot come to work (on time) due to natural disaster, he/she may not be dismissed on grounds of this. If an employee volunteers for auxiliary services in case of a natural disaster, this absence from work needs to be agreed with the employer in advance (e.g. vacation, compensatory time). As a volunteer employee of an aid organsation (e.g. Red Cross), the respective employee is allowed to stay away from work if this is necessary to avert danger to life and limb. However, this must also be reported to the employer. In the case of emergency assistance (e.g. rescuing an old neighbour, averting danger to one's belongings), an employee may stay away from work without the employer's consent. Notification to the employer must be made - also in retrospective.

Use of measure

No numbers are available.

Target groups

Workers	Businesses	Citizens
Applies to all workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Company / Companies	Companies

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: N/A

Involvement

Unknown.

Views and reactions

Unknown.

Sources

• 08 August 2023: Prevention of service during natural disasters (www.wko.at)
• 27 November 2023: Preventing service during floods and natural disasters (ooe.arbeiterkammer.at)