The Corona-crisis mess swirls the labour market massively. As the Federal Agency for employment announced at the end of April, in the Wake of the crisis to more than 10 million German Employees applications for short-time working – more than three times as much as in the record year of 2009. While the be brought to an employee already on the job, many others are still in short-time work because at the end of Employees a return to normalcy brought about.
work for many companies and their Employees is the subject of a Short new, there is widespread uncertainty about how it can go after the short-time working more. This also raises legal questions. The most important answers you can find here.
1. Can be used during short-time work terminated?
Basically, the employer can say the employee is on short-time work, a notice of termination. In the area of application of the employment protection act, a situation has in the current crisis, especially the operation-related won dismissal of importance. This, however, requires a permanent elimination of the possibility of employment for the employee. About the author
Christoph Kurzböck lawyer at the law firm Rödl & Partner in Nuremberg and is a specialist lawyer for labour law. He advises companies in all individual and collective legal questions of the national and international labour law, in particular at the interface to the insolvency and company law. His areas of specialization include the protection of employee data, as well as the advice of business leaders, boards of Directors and senior executives in employment contract matters. A focus of his work is the work of legal support of Re – and restructuring measures.
it Has disposed of the employer’s short-time work, this speaks, first of all, only a temporary lack of Work exists. The employer’s objective of short-time work is also to keep the employees during the crisis “on Board” to be an appropriate time for a smooth Start with the full workforce. Initial consultation notice (display)
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2 INFORM. The time of the return from the short-time work
in the work, operation or collective contract agreed on a certain period of time for the short-time work, it ends with the expiry of. The short work ends automatically as soon as your legal requirements, in particular the loss of work, no longer apply. Easy to judge the cases in which the operation can be resumed after a officially ordered the closure of back full are. But also, if the production can start, due to the incoming deliveries, or multiple orders, it may increase the need for Employment again.
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an example of a loss of Work, however, if the employee is unable to return due to his health condition at the workplace, or want to, for example, because he belongs to the risk group, or his children have to take care of. In these cases, Employees should go proactively to your line Manager, in order to find an individual solution – about the work in a separate office or from the home office or the emergency care for the children.
3. The obligations of the employer
Retrieves the employer to his employees in the operation, must take all reasonable measures to protect its employees as effectively as possible against infection with COVID-19. Are specified the obligations, especially in the “occupational safety and health standard COVID-19” of the Federal Ministry of labour.
Depending on the type, size and location of the workplace and of the specific threat to Health within the company also have further obligations may arise. In this case, the employer must always take into account that the arranged in the protective measures must not restrict the rights of employees disproportionately. Display you can now Find your suitable legal protection insurance at an affordable price!
a fine line between a permissible care measure by the employer and a disproportionate interference in the rights of workers, often, shows the recent injunction by the labour court Wesels, the obtained Amazon’s works Council in Rheinberg (Dec. v. 24.4.2020 – 2 BVGa 4/20; not yet effective): compliance with the operational prescribed security to control spacing of at least two meters, were monitored workers with video cameras. The processing of the images and Videos and Transfer them to third parties for this purpose, the court declared inadmissible.
4. The obligations of the employee
The employee meets all the protection measures, which the employer instructs in the ways of his employer to Directorate of law, a duty to cooperate. The employee does not follow the lawful instructions of the employer, this may lead – depending on the Severity of the violation – a written warning up to and including termination.
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conclusion: Now, open communication is needed
The current Situation for many companies and their employees with dramatic economic consequences. The mutual respect took on the obligation of the employer and the employee have a particularly high significance in this context.
Not, but also by the arrangement of short-time work establishments of their responsibility to be only to the employees, by preventing first of all, redundancies. For many workers, the Phase during short-time work with a high degree of uncertainty is associated. Establishments should be aware of this fact and therefore to an intensive and early communication with your employees set.
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But also to employees is advised to take into account the Situation of your employer. This is forced, in many cases, of the political or governmental decisions dependent or economically, “driving the view”. Open and transparent communication for both sides is the need of the hour.
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