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Middle East Crisis: The 4 Most Important Employment Law Questions for HR in Germany
The escalation in the Middle East also affects day‑to‑day HR management for employers with operations in Germany. Flight restrictions, supply shortages, and rapidly rising fuel prices raise the question of what obligations employers have under German law and what room to maneuver remains. Below, we address the main issues German HR departments are currently facing.
- We plan to send two managers to a week‑long industry event in Türkiye. They consider the trip too risky. May employees in Germany refuse business travel?
Yes, under certain circumstances. Even though employers generally would not knowingly send employees into an objectively dangerous region, business travel originating from Germany is often accompanied by an enhanced employer duty of care (“Fürsorgepflicht”). Employees do not have to undertake a business trip if it is objectively unreasonable for them—for example, if the destination is subject to a significant and concrete security risk and the employer cannot provide sufficient protective measures.
An official travel warning issued by the German Federal Foreign Office is considered a strong indicator. In such cases, ordering the trip often no longer meets the German requirement of reasonable discretion (“billiges Ermessen”), and employees may lawfully refuse the assignment. Nevertheless, an individual assessment of interests is always required, taking into account the operational necessity of the trip.
- One of our engineering teams is currently on a multi‑week assignment in Dubai. Do we have heightened duties of care? Are we required to bring them back?
Yes. Employers whose employees are on assignment abroad on behalf of the company must comply with heightened German duty-of-care obligations. These obligations arise from general German employment-law principles, and the employer’s general obligation to protect employees from risks to life and health during work.
The measures required depend on the nature of the assignment and the risk level in the host country. For employees working in a crisis region, employers must take all reasonable and proportionate measures that can be expected under the circumstances. These include, in particular, ongoing and documented monitoring of the local security situation — especially with reference to recommendations from German authorities — and timely communication of relevant information to employees. If the situation becomes unreasonable, employers must end the assignment without delay and organize the employees’ return, including planning evacuation routes and providing appropriate transport.
Employers should also take steps to ensure local safety measures (secure vehicles, security personnel) and provide support with entry and visa issues in the event that evacuation via alternative routes becomes necessary. It is advisable for German employees abroad to register with the Federal Foreign Office’s crisis list (“Krisenvorsorgeliste”). This may facilitate additional support from German authorities should evacuation become necessary.
- A sales manager is returning late from vacation because of flight-related airspace closures. How should we respond? Are we required to pay wages? Are sanctions appropriate?
Generally, wages do not need to be paid in this situation. Under German law, the principle of “no work, no pay” applies. If an employee is unable to return from vacation on time due to current flight restrictions, employment‑law sanctions (such as warnings or termination for misconduct) are usually inappropriate, provided the employee made a genuine effort to return as quickly as possible. In such a case, the employee cannot be considered to have engaged in culpable misconduct.
Employees must, however, inform their employer without delay about the expected late return. In practice, it is advisable to work cooperatively to bridge the gap — for example, through the use of additional vacation days, reduction of overtime, short‑term unpaid leave, or remote work where operationally feasible and legally permissible.
Note: Remote work from outside the EU may be a temporary solution, but often carries tax, social-security, and data-protection implications for German employers. These should be reviewed carefully in advance.
- Fuel prices in Germany are surging due to the crisis. Must we continue to finance private use of company cars or fuel cards? May we adjust policies because of higher costs? How can we support lower‑income employees?
Whether employers must continue allowing private use of company vehicles or fuel cards depends primarily on the terms of the underlying agreement and — common in Germany — any applicable works council agreements. If private use has been contractually granted, it is treated as a non-cash benefit and therefore part of the employee’s compensation. As a general rule, these benefits must continue even when fuel costs rise. A unilateral withdrawal is possible only if a valid revocation clause exists and its use meets the German requirement of reasonable discretion. The enforceability of such clauses depends heavily on their specific wording. Additionally, any agreement or works council agreement can be amended by mutual agreement, including on a temporary basis.
If employers wish to offer short‑term financial relief, German law provides several tax‑advantaged options, such as fuel vouchers, subsidies, or covering the cost of the “Deutschlandticket,” a nationwide monthly public‑transport pass. Employers must ensure, however, that temporary relief does not inadvertently create a permanent entitlement (“betriebliche Übung”).
Especially in challenging situations, a cooperative approach is often more effective than relying solely on formal legal steps. Clear communication and pragmatic interim solutions can help both sides.
