[linguise]

Aderhold: Always informed about the latest news

Find all press releases,
events & publications

Corona: business closures and their consequences

Events have been canceled, restaurants and shops were closed - the Corona virus lame (e) many companies.

Does it make a difference who prompted the closure? And to what extent are insurance for subsequent damage? 

In principle, there is no legal claim for compensation in favor of the company concerned with regard to the operating closures imposed by the public sector. According to the respective situation, there are other ways to reduce the resulting losses.

Infection -related closures

If concrete infection or suspected cases occur against the background of the Corona epidemic in the company, the responsible authorities are ordered or quarantine measures based on the Infection Protection Act (IFSG) .

In the case of such official business closures or restrictions on business operations, the employers bear the so -called "company risk" - ie the persons they employed. If the continued payment of the wages, there was a massive risk to existence, there may be exceptions. However, the requirements for this are high.

The wage costs incurred by the obligation to continue to pay off can be partially covered short -time work money From an employer perspective, a different form of compensation is usually cheaper: Under certain conditions, the responsible state directorate (Saxony: LDS ) pays the respective measure for loss cases in the first six weeks. The company  thus receives compensation for the work fees to be paid to the employees.

A three -month period after prohibition and hiring activity applies to the application.

Operation closures as a preventive measure

In many places, the companies voluntarily include or at least restrict business operations. In addition, there are officially arranged trading for prevention reasons.

In these cases, however, compensation would only be considered if the operating closure was illegal, for example because it disproportionately endangered the existence of the company. However, since the competent authorities try to protect the life and health of the population with the prevention measures initiated, the currently ordered operating closures are probably largely lawful. However, this is to be re -evaluated in each individual case.

at the Federal Employment Agency apply for short -time work money . In addition, a precautionary application to the state directorate should also be considered - in the event that the case law provides for an expansion of the IFSG for the current nationwide operating closures. In view of the current special situation, a compensation regulation for further cases of operating closures is already being discussed at both country and federal level.

IHK zu Leipzig calls for uniform compensation regulation for companies affected by preventive closures

As part of the Second Population Protection Act, which the Bundestag is expected to pass on May 14, 2020, there should also be a change in § 56 IFSG that regulates compensation. However, only a change in paragraph 11 is planned. According to this, the deadline for applying for compensation, for a limited period by the end of 2020, should be extended from currently three months after the activity of the activity, which is officially arranged.

The IHK of Leipzig, on the other hand, demands that the compensation regulation in § 56 IFSG also open for all preventive closures prompted by general orders . She represented this position at the hearing of the Bundestag's Health Committee on May 11, 2020 ( statement by the IHK in Leipzig ), to which she was the only regional representation of the economy as an expert. At the beginning of April, the IHK had already contacted the members of the Bundestag from the IHK district of Leipzig and advertised to contribute the change in law into the parliamentary procedure.

The developments here are to be followed very precisely. We stay tuned!

Tip

Stay active and use all options. Further information on short -time work money can be found here , here , here and here . Talk to us!

Next news

Contact: Write us

Fields with * are mandatory fields