In terms of labor law, the situation in such cases is comparatively clear – and often unpleasant for employees. If a return journey is objectively impossible, for example because flights are canceled or the airspace is closed, this is a case of so-called impossibility of work. Employees then simply cannot do their work.

This means that the obligation to work is temporarily eliminated – but there is usually no entitlement to wages either.

“No work, no pay”: Anyone stuck in the Middle East gets no money

Nathalie Oberthür, a specialist lawyer for labor law in Cologne, explains to the German Press Agency (dpa): In such situations, employees are exempt from the obligation to work, but are generally not entitled to remuneration, since no wages are owed without work. The labor law principle is: “No work, no pay.”

The legal basis for this is Section 326 of the Civil Code. Thereafter, the entitlement to remuneration no longer applies if the work cannot be performed. This applies even if the employee is not at fault.

Especially in longer crisis situations, this can have significant financial consequences for those affected.

Why employees bear the risk

The central legal background is the so-called route risk. In German labor law, the risk of arriving at work on time generally lies with the employee.

This also applies to unforeseeable events such as:

• Flight cancellations
• Natural disasters
• closed airspaces
• Transport strikes

If an employee is therefore unable to come to work, this is considered a loss of work in his or her sphere of risk. What is important is that there is usually no threat of sanctions under labor law. If employees are not responsible for the delay, warnings or dismissals are usually not justified as long as they inform the employer in good time.

Airspace closed: Employees now have these options

Even if there is usually no legal right, there are several practical solutions that employees can agree with their employer.

1. Home office from abroad

If the job allows it, employees can work from their location. However, the prerequisite is internet access, the employer’s consent and, if necessary, employment law and tax clearances. There is no legal right to this.

2. Use vacation days retroactively

Employees can offer to take additional vacation days. Important: The employer may not simply automatically offset days of absence against vacation. This must be agreed upon together.

Another option is to reduce existing overtime or time credits. This also requires an agreement with the employer.

4. Unpaid special leave

If no other solution is possible, the only option is often unpaid leave for the period of delayed return.

Can employees claim back lost wages?

Many of those affected hope to at least partially compensate for the loss of wages through compensation. But this only rarely works.

In the event of flight cancellations, the EU Air Passenger Rights Regulation generally applies. It provides for flat-rate compensation of 250 to 600 euros per person – depending on the flight route.

However, there is an important restriction: In the case of “extraordinary circumstances” such as natural disasters, political crises or airspace closures, the entitlement usually does not apply.

In such cases, travelers receive food, a hotel or a replacement flight, but no compensation for loss of earnings.

There is no state support

Particularly problematic: “We have no social security system for disasters that prevent employees from reaching their place of work,” said labor lawyer Nathalie Oberthür to ​​the dpa.

In practical terms, this means that anyone who is stuck abroad due to a crisis usually bears the financial risk themselves.

What employees should do in a crisis

Labor lawyers therefore recommend three steps in particular to those affected:

• Inform your employer immediately and advise your return time
• Check alternative return travel options
• Actively offer solutions (home office, vacation, overtime)

In many cases, it is not the law that ultimately decides, but rather the pragmatic agreement between employer and employee.