Rail strike and the commute: Do you have to take a taxi in an emergency to get to work?

If train traffic comes to a standstill, it hardly affects the employer. It is the responsibility of the workers themselves to ensure how they get to work. But what happens if there are no other means of public transportation?

The Train Drivers' Union (GDL) called for a new 24-hour strike starting Tuesday (March 12, 2024) at 2:00 a.m. Many workers were affected by the rail strike.

Employees should definitely avoid simply arriving late or not showing up at all to the workplace. Relying on the strike is not a good alternative.

Even during a rail strike – the travel risk lies with the employee

Even if the railway staff goes on strike, causing regional and long-distance transport to largely come to a standstill, employees must still arrive at work on time.

The employee always bears the so-called travel risk, regardless of whether a strike is taking place or not. A strike is also not considered an unforeseen event, as it is usually announced in advance, often already the day before or even earlier.

If necessary, take a taxi

Even though it is usually easier in urban areas to switch to other public transport, carsharing, or short distances, this has no legal significance. In an emergency, employees must also take a taxi at their own expense. This is reasonable.

And what about working from home?

If working from home is already a common practice, employees have a good chance of obtaining permission for the strike day. Under his duty of care, the employer is likely obligated to enable work from home in this exceptional case. However, there is currently no case law on this topic.