After the severe storms and floods that hit eastern Austria last weekend, many volunteers are working around the clock to deal with the disaster. Most of these people also have regular jobs. The question arises as to what needs to be considered for employees providing voluntary disaster relief.
1. voluntary service during working hours
In principle, voluntary services by employees are not to be regarded as absence from work subject to continued payment of remuneration. They therefore fall under the so-called ‘absence from work for other reasons’.
However, employees have been legally entitled to continued remuneration since 2019 if
they are deployed as a voluntary member of a disaster relief organisation, a rescue service or a voluntary fire brigade
in the event of a major incident (= more than 100 people are deployed for at least eight hours without interruption) or
as a member of a mountain rescue service
are prevented from performing their duties (§ 8 para. 3a AngG, § 1154b para. 6 ABGB).
However, this only applies if the employee performing voluntary service agrees the location and extent of the service with the employer.
If the employer refuses to agree to voluntary service, the employee's absence does not constitute grounds for dismissal, but the employee is also not entitled to continued payment of remuneration.
2 Compensation from the employer
In the event of continued payment of remuneration (on the basis of an agreement) to the employee, the employer is entitled to compensation from the respective federal state, the so-called ‘compensation premium’. The prerequisite for compensation is that the application is made in the federal state in which the major loss event occurred.
The compensation premium amounts to € 200 per employee deployed per day and is paid from the disaster fund.
3 Rest period and working time for disaster relief
The statutory regulations on working hours and rest periods refer to working hours that are regularly performed as part of the employment relationship. Voluntary activities outside the employment relationship, such as service with the fire brigade, therefore do not fall within the employer's area of responsibility. Voluntary activities therefore do not count as working time.
The employer does not have to grant the employee any additional rest periods if the employee performs voluntary services (e.g. fire brigade) at the weekend.
4 Absence of work and extended journey to work
Employees are obliged to take all reasonable measures to fulfil their work obligations despite the storm. This also includes a longer journey to work due to the weather. In such a case, the OLG Vienna (10 Ra 156/04s, RdW 2005/242b, 197) ruled that the employee could reasonably be expected to spend up to 2.5 hours travelling to work.
If it is nevertheless not possible for an employee to come to work due to the flooding, this constitutes ‘absence from work for other important reasons’. In such cases, the employee retains their entitlement to remuneration if they are prevented from coming to work by
other important reasons,
reasons relating to his person
through no fault of his own
for a relatively short period of time
is prevented from working for a relatively short period of time.
5. Conclusion
Employees have a legal entitlement to continued remuneration if they perform voluntary service and the location and extent of the service is agreed with the employer. However, the event must be a major disaster and the employee must be a member of a voluntary disaster relief organisation.
Employers are entitled to compensation if they continue to pay remuneration to employees. They are entitled to a compensation premium of € 200 per day and employee from the disaster fund of the respective federal state.
The employer does not have to grant the employee any additional rest periods if the employee performs voluntary service outside of working hours. These activities are not working time
In the event of natural disasters, employees must take all reasonable measures to perform their work. This also includes travelling up to 2.5 hours longer to work. If it is not possible for the employee to come to work due to the natural disaster, this constitutes absence from work for other important reasons and they retain their entitlement to remuneratio