Existential corona crisis: restaurateurs, hotels and the self-employed in Bavaria are concerned about the curfew. Are you entitled to compensation? A search for traces.
- Bavaria, Saarland and Saxony impose curfews * because of the corona crisis * .
- All over Germany , restaurants, restaurants and pubs remain closed due to the corona virus * .
- Self-employed and restaurateurs are sometimes worried about their livelihoods - are they entitled to compensation because of the exit restrictions and the ban on contact ?
Update of March 22: The federal and state governments have agreed to a far-reaching ban on contact in the fight against the corona virus . More than two people are not allowed to meet, core families are exempt from the ban.
When the corresponding legal ordinance comes into force, the ban on contacts should apply from Monday, according to the AFP news agency . Laschet said the regulation would apply until the end of the Easter vacation.
Another consequence of the ban on contacts : Now self-employed persons such as hairdressers, masseurs, physiotherapists and cosmeticians are not allowed to go about their work for the time being because "there is contact between service providers and citizens".
Conversely, NRW Prime Minister Armin Laschet (SPD) promised extensive tax deferrals for the companies and the self-employed affected by the measures: "A company does not have to go into bankruptcy because of taxes."
Read in the next article whether self-employed and restaurateurs are entitled to compensation due to the exit restrictions and the ban on contact .
Curfew due to the Corona crisis unsettles the self-employed
First message from March 21: Not only in Munich, the same picture everywhere: hairdressers, physiotherapists, car workshops, taverns, restaurants and pubs have closed - means: no customers and therefore no income.
There will also be costs such as rent, lease and, in part, for personnel in Bavaria in the coming weeks, while the curfew has been imposed as a result of the corona pandemic.
Specifically, the exit restrictions , as the Bavarian Prime Minister Markus Söder (CSU) and Munich Mayor Dieter Reiter (SPD) called the protective measures against the corona virus, so that it won't get as bad with Covid-19 as in Italy.
These protective measures are justified with the Infection Protection Act, specifically with Paragraph 28 * on “Preventing the Spread of Communicable Diseases”. According to this, the competent authorities can "oblige people not to leave the place where they are or (...) not to enter certain places".
Curfew in Bavaria: Many self-employed cannot work
In Bavaria, the measures also stipulate that you can only leave your own home with a valid reason and that all kinds of catering establishments remain closed. Many employers are now switching to short-time work for their employees, whereas many self-employed people simply cannot do their job.
In view of the corona crisis on Deutschlandfunk, DEHOGA's managing director, Ingrid Hartges, has called for an emergency aid fund for restaurant and hotel operators and clear government regulations. # COVID2019de #Gastro #Hotels #DEHOGA https://t.co/tK6wjfBqs8
- DEHOGA Federal Association (@DEHOGA_BV) March 18, 2020Experts and observers are already warning of loss of earnings that could threaten their existence. But: The same law also regulates compensation claims for all those who are involuntarily prevented from working.
Compensation for curfew? Infection Protection Act regulates claims
"Persons entitled to compensation (...) who are not subject to compulsory insurance in statutory health, pension and social care insurance have a reasonable claim against the competent authority for reimbursement of their social security expenses," says the Infection Protection Act below Section 56 .
The police in Munich strictly control the exit restrictions due to the corona virus.
© picture alliance / dpa / Matthias Balk
The government in Lower Bavaria, for example, has already responded - taking a position on general and regional information about the coronavirus . In general, it says: "Anyone who is subject to, or is subject to, an activity ban due to the Infection Protection Act (...) and thereby suffers a loss of earnings and is not ill, generally receives compensation."
In the Corona crisis: restaurateurs and other self-employed people are probably entitled to compensation for the curfew
In the case of the self-employed , the calculation is based on one twelfth of the work income, is explained further. Applications for compensation should be submitted within three months after self-employment had to be stopped.
Berlin: The luxury shops in Friedrichstrasse are closed due to the corona virus and the street is deserted.
© picture alliance / dpa / Christophe Gateau
But how big are the chances of success? “There are legal claims, for example on funds. Let us take the Infection Protection Act, Section 56. It includes compensation claims for the self-employed. The welfare state can deliver. The many self-employed and restaurateurs, the sausage shop in front of a football stadium - there will be a chain, ”explains the renowned lawyer Dr. Michael Lehner from Heidelberg in conversation with the Ippen Digital central editorial office : "There is a lot of money involved, but what is basically available in the welfare state Germany ."
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* merkur.de is part of the Germany-wide Ippen-Digital editors network