Power outage in Berlin: Why employers still have to pay wages
Jan 4, 2026
Power outage Berlin 2026: 2,200 businesses affected. Find out why employers must still pay wages according to § 615 BGB - and what applies to payroll.
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2,200 businesses in Steglitz-Zehlendorf have been without electricity since Friday. Employees cannot work. Nevertheless, wages must be paid. Here is what employers and payroll accountants need to know.
What is currently happening in Berlin
On January 3, 2026, at 6:13 AM, a cable bridge over the Teltow Canal caught fire. Five high voltage and ten medium voltage cables were destroyed. The result: 45,000 households and 2,200 businesses in Nikolassee, Zehlendorf, Wannsee, and Lichterfelde are without power.
The full restoration is not expected until Thursday, January 8. This means that many businesses will lose almost five working days.
What happens to the wages this week?
The short answer
Yes, the wages must be paid.
No negative hours. No forced leave. No cuts.
The employer bears the so-called "operational risk" – and a power outage is one of the classic examples of this.
Why is that so?
§ 615 sentence 3 BGB
Since January 1, 2002, it has been enshrined in law: If the employer "bears the risk of work interruption," he still has to pay.
What does that mean concretely? The employer must cover disturbances that:
lie within his area of influence (machine defect, software failure)
or come from outside and hit the operation (power outage, flood, fire)
Power failure is a standard example. The Federal Labor Court already confirmed this in 1991 (BAG, 30.01.1991, Az. 1 AZR 338/90): If work is interrupted due to a power failure, it is the operational risk – and the employer pays.
Even in the case of force majeure
The Berlin power outage was caused by an arson attack. Does that change anything? No.
Force majeure (natural disasters, attacks, extreme weather events) also falls under operational risk. The employer may not be at fault – but he still bears the risk.
What this means for payroll accounting
Practically: Nothing special.
The affected days are processed as if the employees had worked. No correction, no special treatment.
Calculation example:
A business with 10 employees, average salary €3,000 gross/month:
Daily costs per employee: approx. €140
With 5 days of outage: 140 € × 10 × 5 = €7,000 wage costs without work performance
This is painful – but legally clear.
When it can be different
There are exceptions. But they are narrowly defined:
1. Other activities are possible
If employees can work meaningfully without electricity (sorting goods, organizing files, cleaning up), the employer may instruct this. The right of instruction is extended in emergency situations.
2. Home office is possible
Does the employee have electricity at home and can work from there? Then the employer can order home office – provided the activity permits it.
3. Contractual regulation
Collective agreements or employment contracts can regulate operational risk differently. This is rare, but possible.
4. Threat to the existence of the business
If wage payment endangers the existence of the company, the obligation may cease. However, this exception is interpreted very restrictively by courts.
Important: Route risk is something else
If an employee cannot come to work because the S-Bahn is not running due to the power failure? That is his risk, not that of the employer. The employee must try to find another way to work.
What employers should do now
Checklist for the affected businesses:
Inform employees: Those who cannot work do not need to be afraid for their wages.
Check home office: Can employees work from home? If yes, order it.
Document: Which days were affected? Which employees could not work? (Important for insurance and operational audit)
Process normally: There is no change in payroll accounting.
Check insurance: Does the business have business interruption insurance? This can cover wage costs in case of a power outage.
Short-time work as an alternative?
In the case of longer outages, short-time work could be an option. A power outage may be considered an "unforeseen event".
But: The application takes time. The work interruption must be temporary and cause a wage loss of more than 10% for at least one-third of the employees.
For a 5-day power outage, the effort is usually not worth it. In the case of longer crises (several weeks), it is worth considering.
Conclusion
The operational risk is not a legal quibble – it is applicable law. And it protects employees from income losses due to events that they cannot control.
For employers in Steglitz-Zehlendorf, this means concretely: The payroll accounting for January runs normally. The outage days will be paid.
For payroll accountants: No correction necessary. Business as usual.
Sources
Must employers continue to pay wages during a power outage?
Yes. According to § 615 sentence 3 of the German Civil Code (BGB), the employer bears the so-called operational risk. A power failure – even if caused by external circumstances such as an arson attack – falls under this risk. Wages must be paid in full, even if employees cannot work.
May I send employees on forced leave during a power outage?
No. The employer may not transfer the operational risk to the employees. This means: no negative hours, no compulsory leave, no salary cuts. However, if employees can work from home and have electricity there, the employer may mandate remote work.
What is the difference between operational risk and route risk?
The operational risk is borne by the employer - they pay when the business cannot operate. The commuting risk is borne by the employee - they must ensure they get to work. If the subway is out due to a power failure, the employee must find an alternative. If they cannot make it to work, they have no right to wages for that day.
Aaron H.
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