The Swiss Employers Banking Association (Arbeitgeber Banken) has outlined the labour law implications of the situation in the Middle East in an information letter. It also provides recommendations for employers on what measures should be taken if employees on business trips are unable to travel.

The situation in the Gulf region also raises labour law questions, particularly regarding salary entitlement, the obligation to work and the duty of care towards affected employees. According to the association, the legal assessment depends crucially on the context in which the trip takes place. If employees are travelling on business on behalf of their employer, there is a clear employer mandate and responsibility.

Salary Entitlement and Obligation to Work

In the event that travel is prevented during a business trip, employees remain fully entitled to their salary, as they are acting within the scope of their contractual duties. This entitlement continues without restriction, even if no active work can be performed. The time cannot be deducted from vacation leave, and the employer must also bear all additional costs arising from the travel disruption.

Heightened Duty of Care

In such situations, employers also carry an increased duty of care. This includes actively supporting employees in organising their return journey, arranging alternative flights, ensuring accommodation, booking safe hotel rooms for the waiting period, maintaining regular contact with the affected employees and providing up-to-date information on the security situation.

Employers should also, if necessary, contact the Swiss embassy or the Federal Department of Foreign Affairs (FDFA). Accessibility should be ensured through the establishment of a 24/7 emergency hotline or by designating a contact person.

Employers are further advised to carefully document all measures taken and all communication.

For Private Travel, the Risk Lies with Employees

The situation is different for private and vacation travel. In such cases, employees generally bear the risk of being unable to perform their work, according to the statement.

«If employees are on private vacation and are unable to return to work on time due to airspace closures, this constitutes a case of impossibility of performance that is attributable neither to the employer nor to the employees.»

In such cases, employees have no obligation to work, as the performance of their duties is objectively impossible. This also means that they do not have to fear sanctions for their absence from work.

No Salary Entitlement or Cost Coverage

However, there is also no entitlement to salary and no obligation on the part of the employer to cover the costs of an extended stay or alternative return travel arrangements.

The Employers Banking Association recommends finding amicable and pragmatic solutions. Possible options include unpaid leave, the reduction of overtime balances, the use of vacation entitlements or making up the missed work at a later time.

If technically feasible and if the situation on site allows, home office or remote work may also be possible. In the case of minor delays, a goodwill solution is recommended.