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‑...
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