Provided that the current disruptions are not considered to be force majeure beyond the control of the parties to the employment contract, for which no continued payment of remuneration is required (in this regard, OGH 9 ObA 202/87; 9 ObA 42/88), a claim for continued payment of remuneration limited in time (to a maximum of one week) due to personal inability to work may be considered in accordance with Section 1154b (5) ABGB or Section 8 (3) AngG. However, this presupposes that the employees are not at fault for the inability to work and that they fulfill their reporting obligations. The prerequisite is therefore that the employees concerned inform their employers immediately (as soon as it becomes foreseeable) of the delayed return and do everything reasonable to get home as quickly as possible.
If they fail to do so, they may face further consequences, including dismissal, in addition to the loss of continued remuneration. The same applies if employees go on vacation despite already foreseeable flight cancellations. In this case, a mutual change to the vacation agreement may be considered; however, impending flight cancellations do not entitle employees to withdraw from the vacation agreement. After all, it is usually possible to get sufficient rest at home to fulfill the purpose of the vacation.
