How do I spend vacation after engineering
What applies to the continued payment of wages after a vacation in the risk area?
Whether employees knowingly went on vacation in risk areas or were surprised by a travel warning: Without proof that they are not infected with the SARS-CoV-2 virus, they have to be quarantined at home for two weeks after returning home. Is the employer obliged to continue paying wages during this time?
Once workers have taken vacation in risk areas, they cannot easily return to work. Due to the applicable quarantine regulations, you are obliged to report to the responsible health department and stay in quarantine at home for two weeks. What effects does this have on the employment relationship? Is the employer obliged to continue paying wages during this period?
Vacation in the risk area: the employer should know
Basically, it is none of the employer's business where and with whom his employees spend their vacation. In order to prevent the risk of infection, however, the employee must inform the employer whether he has been in a corona risk area in the last 14 days or whether he has had contact with someone who is suspected of being infected or who is infected. Without proof that they are currently not infected, the employee must go into quarantine at home for a period of 14 days after returning from a risk area.
Continued payment of wages during quarantine?
If employees knowingly travel to a country for which a travel warning has been issued, they act culpably within the meaning of the continued payment provisions, because according to the respective state regulations of the federal states, this results in the obligation to go into quarantine on return. As a result of such behavior on the part of the employee, there is a temporary prevention of the performance of work in accordance with § 616 BGB, which the employee is responsible for through his behavior. Accordingly, in such a case, employees are not entitled to continued remuneration in accordance with Section 616 of the German Civil Code (BGB). If the employee has the opportunity to do their work from home during the quarantine phase, their entitlement to payment of their wages remains of course.
When the vacation spot suddenly becomes a risk area
In the event that the holiday country visited by the employee is declared a risk area again after the start of his trip due to a renewed increase in the number of infections, the employee has not acted culpably with his trip and would have a right to continued wages for a temporary period in accordance with Section 616 of the German Civil Code (BGB). Here, however, § 56 IfSG applies, according to which the employee has a claim for compensation for the time of the quarantine. In practice, the employer pays the wages and can have these payments reimbursed by the competent authority (Section 56 (5) IfSG).
Source: Haufe Online Editorial Team
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