Briefly about the situation: Work in a large office that, like many, has recently been completely converted to home office.
That means I went there a day before my shift, picked up a laptop, briefly set it up for home and then at home I notice that the laptop (even with a work SIM card) can't be connected to the internet.
While I did not even have a shift at all, I tried to solve the problem around the clock by telephone with the people in charge, unfortunately without success, which is why I was then unable to start my shift.
Now my boss almost told me that I would get an hour's allowance and have to make up for the rest of the time.
That everything didn't work technically was completely "in debt" from work btw.
Can't he just spontaneously pay me for the shift?
Get legal help, think he has to pay
No, it is not allowed.
Your boss has to pay you. It's not your fault if the laptop doesn't work the way it should.
Going to work again and having your laptop replaced or repaired was completely impossible? So, not in the sense of "I would have been on the road for two hours!", But in the sense of no more laptops available, specialist staff not available, operation closed and left and you have no key, boss unavailable or unwilling to let you in… I suspect that otherwise this aspect will ensure that you have bad cards under labor law.
Can't he just spontaneously pay me for the shift?
No!
If you were assigned to a shift schedule (or would normally have worked anyway), but could not work because you did not have the resources, materials, etc., this is the problem of the employer.
In addition to the payment of wages, it is one of the main contractual obligations of the employer to employ the employee for the contractually agreed or scheduled working hours. However, if the employer does not employ him sufficiently or not as agreed / arranged - regardless of the reasons (whether he can't, e.g. Because there's no work or the required PC can't / can't be set up, or whether he does not want to, eg because he is worried about the corona virus) - the consequences of not working are a burden for him.
If - as in your case - the employer has to close the business or decide to close it and decide to switch to "home office" as an alternative, but this alternative can't be used by you because the required laptop can't be set up and therefore the job is not possible, the employer can't or does not want to offer any other alternatives, then that is his problem, and he still has to pay you as if you were going to continue working normally.
The basis for this is the Civil Code BGB § 615 "Remuneration in the event of delayed acceptance and operational risk":
If the person entitled to the service is in arrears with the acceptance of the services, the obligated party can demand the agreed remuneration for the services not performed as a result of the delay, without being obliged to make subsequent performance. However, the customer must have the value of those which he saves as a result of the lack of the service or which he or she maliciously fails to acquire through the use of his services in any other way be taken into account. Sentences 1 and 2 apply accordingly in cases where the employer bears the risk of loss of work.
You do not have to rework the hours that have not actually been worked or have them offset against your own claims (remuneration, overtime, vacation).
This is also legally stipulated in BGB Section 293 "Delay in Acceptance" in conjunction with Section 294 "Actual Offer".
Strictly speaking, it is a prerequisite (actually) that you do not accept this condition (that you can't work in the home office due to technical reasons and that the employer does not offer you an alternative) without contradiction or comments, but that you also offer your workforce! This is also legally stipulated in BGB Section 293 "Delay in Acceptance" in conjunction with Section 294 "Actual Offer". But maybe he is not aware of this requirement (which, incidentally, does not always have to be fulfilled).
The employer does not have to meet this obligation to continue paying despite the work not being performed if the company would be threatened by its economic existence (bankruptcy).
I can't judge whether you want to or can assert yourself against your employer - possibly even in dispute - with possible claims; and "being right" and "getting right" are far too often two very different things…
