Labor law: Microsoft disruption: What now applies under labor law

Outlook is down, agreements are not running - work is hardly possible in many places. Can you free yourself when nothing works anymore? And: Can the private IT email address be used in an emergency?

No connection: If Microsoft services do not work, communication becomes difficult in many companies. Photo: Zacharie Scheurer/dpa-tmn

Cologne. Hello, does anyone even hear or read me? Without Microsoft services, nothing works in many companies. The outage - a nightmare: no emails, no meetings, no agreements. But does that also mean: no obligation to work? Specialist lawyer for labor law Volker Görzel from Cologne clarifies the most important questions.

Do I still have to work even if I can do practically nothing?

In short: yes. “Employees still have to work, even if their work is disrupted by IT failures,” says Volker Görzel. If possible, they must then carry out those activities that are still possible. If nothing is possible anymore, they have to be ready and able to resume work at any time - because nobody knows when an IT disruption will end.

Can the employer order me from my home office to the office?

Not just like that. “If home office is agreed, the employer can only order the employee to the office if a right to return is regulated,” says Görzel. For this purpose, the contract should say: “In individual operational cases, the employer can bring the employee back to the office from the home office.”

Can I use alternative services for communication?

The private email address or messenger like WhatsApp: There are many alternative ways to communicate. Görzel warns against simply switching: “In many companies there are IT policies or company agreements on the use of IT communication,” says Görzel. “I strongly recommend that everyone first take a look at the agreement, if there is one, because it specifies which communication channels are permitted.”

Anyone who simply uses private email addresses or messengers may be violating data protection regulations. It is also not the employee's job to explore alternative means of communication. That is the job of the company. Because: “The employer is always responsible for providing work and operating resources - and that also applies here,” says the labor law specialist.