Can an employer require employees to perform their work remotely during downtime?
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No, employees do not perform their work duties during downtime. Downtime is a temporary suspension of work due to circumstances beyond the employer's control (e.g., lack of necessary working conditions or force majeure).
- Transfer to another job during downtime is possible only with the employee's consent and taking into account his or her qualifications.
- Payment during downtime is made at the level of at least two-thirds of the tariff rate or salary.
- The employer determines the place of stay during the downtime, but usually the employee does not perform work.
If the employee nevertheless continues to perform his or her job duties, in particular remotely, this is considered work that is paid under general conditions and not according to the rules for payment for downtime.
