Federal judge: Companies do not have to pay mini-jobbers a salary during the Corona failure

Bad news for mini-jobbers: They are not entitled to a compensation payment in the event of company closures due to the Corona crisis.

This has been decided by the Federal Labor Court.

Erfurt - This would mean that they would not bear the risk that mini-jobbers would be absent from work and would not be obliged to pay them remuneration during this time.

The Federal Labor Court decided on Wednesday in Erfurt (5 AZR 211/21).

It was the first corona dispute to be heard by the Federal Labor Court.

It is up to the state to compensate for the financial disadvantages caused by the sovereign intervention to combat the pandemic, declared the highest German labor judges.

This was partly done with easier access to short-time work benefits.

However, this does not apply to the plaintiff from Lower Saxony as marginally employed - insofar there are "gaps in the regulatory system subject to social insurance".

Federal Labor Court rejects the claim of mini-jobber from Bremen

The lawsuit concerned the claim of a mini-jobber from Bremen employed as a saleswoman for payment during a branch closure ordered by the authorities in April 2020. She argued that the closure of the sewing machine and accessories shop during the pandemic is part of the operational risk that employers bear had to, and demanded their payment.

The lower courts in Lower Saxony had upheld their complaint.

The Federal Labor Court overturned their decision.

The sewing machine dealer does not have to pay the disputed fee of 432 euros for one month.