In a short time there was a massive rush for short-time benefits. What is important for employees now.
- Many companies and jobs are at risk due to the corona crisis.
- To compensate for the situation, many companies register short-time work.
- We explain what the short-time allowance means.
Aid measures for companies in the corona crisis
The corona virus * remains the dominant topic in Germany. Lung disease has the most massive effects on the economy and the regular work flow in many companies. The more employees who are suspected of having coronavirus in quarantine * or who are even sick with COVID-19, the more companies have to cut back on work and introduce short-time work in an emergency.
Extremely bitter: The corona crisis has already brought numerous industries to a standstill. Short-time work is an important tool to prevent layoffs. In a short time there was a massive rush for performance. What is important for employees now :
Who can apply for short-time work?
The employer applies for short-time work. In the course of the Corona crisis, the Bundestag has introduced a new law that regulates easier access to benefits for a limited period until December 31, 2020. With retroactive effect from March 1, companies can now use short-time work benefits if ten percent of the employees are affected by the loss of work. So far this had to be a third of the employees. In addition, negative working time accounts are not set up.
The employer must report short-time work to the Federal Employment Agency. Before that, the employer must announce the decision to his employees , as the DGB legal protection explains.
For this, a company agreement between the employer and the works council is usually concluded. In companies without a works council, the employer usually has to obtain a declaration of consent from the employees affected by short-time work .
What does that mean for my salary?
Workers receive 60 percent of their net loss of earnings if they have to do short-time work, explains Johannes Schipp, specialist lawyer for labor law. For example, anyone who would only work four days a week instead of the usual five days would get 80 percent of their wages from the employer. For the remaining 20 percent, employees receive the proportional compensation payment from the employment agency.
" It is 67 percent of employees with children, " explains Schipp. However, according to the specialist lawyer, these percentages are limited to the assessment base for unemployment insurance. But that is rather irrelevant for "normal earners". In extreme cases, the working time can be reduced to zero and temporarily stopped entirely. Short-time work benefits can be drawn for a maximum of twelve months.
The Federal Employment Agency provides a table for the exact calculation of short-time work benefits. The employer can also voluntarily increase the short-time work benefit. However, there is no legal claim to such an increase. In individual cases, however, it could be worth negotiating, as the DGB explains legal protection in a contribution.
Read more: Coronavirus: School / Kindergarten closed - Will the employer release me?
How can I apply for short-time work benefits?
Companies have to state the short-time work in writing at the employment service of the employment agency at the company headquarters. The Federal Employment Agency offers a form (PDF) for this. The works council also has the right to report short-time work. The employment agency has compiled on its website which documents must be submitted by the companies.
What about part-time jobs?
Anyone who has already taken on a part-time job before starting short-time work can continue to do so. Earnings have no impact on the amount of short-time work benefits, as the Federal Ministry of Labor and Social Affairs (BMAS) explains in an FAQ.
For employees who take up a second job, the resulting wage will be deducted from the short-time allowance. An exception applies according to DGB legal protection until October 31, 2020 in "systemically relevant" areas. Secondary earnings, for example in the health sector, are not counted towards short-time benefits here. This applies if employees do not exceed the amount of wages they received before short-time work.
Find out here : Corona pandemic - Can the employer order overtime - and what about vacation?
Can the employer force me to take vacation off first?
The requirements for short-time work benefits are precisely 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, " explains Schipp. In addition, it is possible to arrange vacation, provided that the relevant vacation days have not already been approved. Holidays that have already been approved cannot easily be canceled by the employer.
According to Schipp, there are no clear rules on the question of the framework in which vacations can be arranged. In his opinion, however, in a pandemic situation, it may well be the case that employees have to use half or two thirds of their vacation entitlement first. Urgent operational reasons then conflict with the vacation wishes of the employees.
Can my employer choose who they send on short-time work or forced leave?
"When selecting employees, it will be crucial in which areas the loss of work occurs," said the specialist lawyer. If there is still a choice for the employer, the selection will have to be made at its reasonable discretion. The employer cannot proceed arbitrarily .
In companies with works councils, the introduction of short-time work and the regulation of details are subject to the co-determination of the works council. So the employer cannot set things unilaterally here.
How long is short-time work allowance actually paid?
As a general rule, the state pays short-time working benefits to eligible companies for up to one year . There is no maximum limit for short-time work benefits.
What applies to the self-employed?
Self-employed persons cannot benefit from short-time work benefits because they are not compulsorily insured under unemployment insurance, explains the specialist lawyer.
State guarantees for loans from the KfW development bank
In addition to short-time work, however, there is the option of applying for government guarantees for loans from the KfW development bank . Solo employees and small businesses with up to five employees receive a one-time payment of 9,000 euros for three months, companies with up to ten employees receive 15,000 euros . In addition, each state has its own rules on the amount of the grants and which companies are eligible for grants.
The demand for aid loans is enormous - and KfW is expecting increasing numbers. According to CEO Günther Bräunig, around 2,500 applications with a volume of EUR 10.6 billion have already been made, as Tagesschau.de (as of April 2) reports.
"Because of the drastic effects of the Corona crisis, many solo self-employed people fear for their existence - for example, musicians, photographers, artists, naturopaths, interpreters or nurses," says another article on Tagesschau.de. Small business owners, solo self-employed people and farmers could access the federal aid funds in the Corona crisis .
Also interesting : Corona help from the state: who is entitled to what - and from whom?
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ahu / dpa
* merkur.de is part of the nationwide central Ippen editorial network.
List of rubric lists: © picture alliance / Felix Kästle / dpa
