In the Corona crisis, many workers wonder if they need to go on vacation. Or whether the boss can now ask them to work overtime. That is the situation.
- The corona pandemic presents companies in Germany with new challenges.
- Legal questions arise above all for employees.
- You should be well informed, for example when it comes to your vacation.
The corona pandemic has raised many new questions in the world of work. Right now it is important for workers to know their rights.
Overtime in Corona times
Can employers order overtime in this situation? "Employees are generally only obliged to work overtime if this results from a collective agreement, a company agreement or an employment contract," the Federal Ministry announced on its website. "However, there may also be an ancillary obligation to work overtime if the overtime required prevents damage that otherwise threatens the employer and cannot be avoided in any other way." This could also be the case if, for example, there are significant staff shortages due to COVID-19 diseases, the ministry said.
Employees worry about their vacation
Can the employer force me to take vacation off first? The requirements for short-time work allowance * are regulated in Social Security Code III. The employer can register short-time work if the loss of work is unavoidable and the company has done everything possible to reduce or remedy it. "This means that time credits, overtime or the like have to be" celebrated "first," quotes the German press agency, the specialist lawyer for labor law, Johannes Schipp. It was also possible to arrange vacation if the vacation days in question had not already been approved. Holidays that have already been approved cannot easily be canceled by the employer.
For further reading : Short-time work allowance for coronavirus - this now applies to employees.
Operational reasons versus vacation wishes
According to Schipp, there are no clear rules on the question of the framework in which vacations can be arranged , writes the German Press Agency. In his opinion, however, in a pandemic situation, it could well be the case that employees would have to use half or two thirds of their vacation entitlement first. Urgent operational reasons then conflict with the vacation wishes of the employees.
Read also: Coronavirus concern - How to do a good job anyway.
Uncertainty due to vacation lock
Can employers put a vacation ban on employees who get sick? The employer can refuse vacation for urgent operational reasons (Section 7, Paragraph 1 of the Federal Vacation Law). If so many employees are ill that the operational processes are no longer secured, the boss can impose a temporary vacation lock, according to a report by sueddeutsche.de, where the specialist lawyer for labor law Anna Bauer has a say. In companies with a works council, however, this would be subject to co-determination.
Also interesting: Corona, children, chaos - working parents are nerve-wracked
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* merkur.de is part of the nationwide central Ippen editorial network