Short -time work, short -time work allowance and coronavirus ...
Pandemy and short -time work allowance
The new Coronavirus (Covid-19) currently determines our everyday life. In addition to the fear of your own health and that of family and friends, you can also be faced with very practical challenges. The general instruction reads: "Stay at home!". There is increasing loss of work. But what does that mean for employers and employees?
A recurring question is what I can/must do as an employer and who pays for it.
There are manifold answers from all sides of the consultants. A very frequent recommendation is: relax and apply for short -time work money!
The lowering of operational working hours leads to a right to grant this wage replacement benefit.
Unfortunately, it is often forgotten to say that you also have to meet some basic requirements for this. An individual and collective law basis is required.
Basics for lowering operational working hours
It is true that the employer initially remains subject to payment for the work fees of its employees due to the coronavirus due to the coronavirus, since the risks often count to his operating risk.
The compensation obligation of the state in accordance with Section 56 Infection Protection Act generally only relieves the employer for official measures that are directed directly against the employee. However, not with indirect consequences of the wave of disease that affect the company.
However, the employer can still relieve himself of part of the risk by applying for short -time work money in accordance with Section 95 ff. SGB III. As a rule, however, the employer cannot unilaterally order short -time work. This requires a corresponding legal basis that should be stipulated in the collective agreement, a company agreement or in the employment contract.
Employment contract agreements
An introduction of short -time work by means of employment contract agreements is generally conceivable in two ways. On the one hand, additional agreements on the employment contract can be made if specifically initiated. Furthermore, form work contracts can contain storage clauses for the introduction of short -time work and thus an authorization to unilateral introduction of short -time work.
Company agreements
If a works council is present in the company, the short -time work is mandatory. Due to the immediate and mandatory effect, the company agreement causes the reduction in working hours and the associated reduction in wages regardless of the individual contractual regulations. In terms of content, the factual requirements for temporary shortening of working hours should be comprehensively regulated. In addition, a company agreement should regulate the prerequisites for a possible flexibility of short -time work in order to be able to react promptly to changes in the economic situation.
Tip
It is advisable to clarify with the works council in advance of possible restrictions whether and to what extent short -time work due to the coronavirus can and must be introduced.
Before the introduction of short -time work and the application for short -time work allowance, you need a company agreement, otherwise you will not get short -time work. Talk to us!
