The list is getting longer every day: To Italy, Ireland and Denmark have closed all the schools. In France the schools to remain in the East of the country, also in Germany, the doors of more and more schools are closed.
in this Country, school closures are only in the Canton of Ticino of the topic. Given the high rate of infections in Switzerland seems to no longer be ruled out that schools have to close on the instructions of the cantons for a long time.
But what happens then? If one of the parents needs to watch out for part at home with the kids, get the individuals ‘ wage?
The situation is not quite as clear as the Seco
specifies The state Secretariat for economic Affairs Seco has provided for such questions a list of frequently asked questions and answers on its Website. There is also the issue of school closure and child-care is treated.
Accordingly, the situation seems clear: “Is preventing the employee through no fault of the performance, because it is a legal obligation to support his children, must the employer pay during a limited period, having regard to the wage article 324a of the code of obligations further.” Parents should try to prevent further absences by organizing alternative care.
Sounds clear. Therefore, it has contacted an employee of the Coop via e-Mail to the editorial office and complained that the retailers would oppose in an internal message, of this regulation. Therefore, Coop had told: “If you can’t find a solution and to remain for the care of a healthy child at home need to, you can refer to, in consultation with your supervisor a holiday.”
“The law is not clear whether the claim for wages for the case of child care applies to the General school closures.”Roger Rudolph, Professor of labour law at the University of Zurich
Coop said only that the retailer will show in the case of school closures, “accommodating” and “to date, in all cases, a solution in the sense of the people” could be found. It had been no payment default – which is the case if the Affected vacation must take.
According to the labour law, learning, of all things, in the case of large-scale school closures, but the legal situation is not so clear, such as the Seco writes. “The law is not clear whether the claim for wages also applies to the case of childcare to the General school closures,” says Roger Rudolph, Professor of labour law at the University of Zurich.
Novartis shows kulant
“The reasons for the inability to Work must be in the Person justified, in order to obtain more wage, such as, for example, to disease”, explains the expert. This let us to conclude that in the case of the closure of individual schools, parents may rely more on the article 324a, since they are personally affected by the school closure. Furthermore, it is consensus that parents get for a limited time pay if you need care at home to ill children.
“Otherwise the case looks at the cantonal school closures. Here the opinions differ greatly,” explains Rudolph. “You could argue, that the absence is not justified any longer by an individual, but a kind of force majeure.” In the case of the Canton-wide school closures point, therefore, the question of whether the cost of this alone can be the employer saddled with.
Due to the unclear legal situation of the surveyed companies in question, tight-lipped, whether you will continue to pay wages when Employees have to stay because of school closures a few days at home: Coop, Credit Suisse and the Zurich Insurance Group provide any information.
Otherwise, Novartis is. The group employs around 2200 workers from France, where, in the Department of Haut-Rhin, the schools are already. Novartis, is shown here with a generous: In the case of involuntary absence, to the care of the children due to a school closing, pays the group up to the re-opening of the school or a maximum of three weeks in length 100 percent of the salary more.
Created: 13.03.2020, 10:36 PM
