Can mini-jobbers insist on payment if their work was not needed during the lockdown phases in the corona pandemic?
The Federal Labor Court wants to clarify that on Wednesday.
A case from the trade is being negotiated.
Erfurt - The first labor law dispute that originated in the Corona crisis has reached Germany's highest labor judge. The Federal Labor Court dealt in a hearing on Wednesday in Erfurt with the payment of mini-jobbers in the specialist retail trade, which was repeatedly closed during the lockdown phases. The judges are also looking into the question of whether the consequences of a pandemic are part of the general operational risk of entrepreneurs, as the plaintiff from Lower Saxony says.
What is it specifically about?
The lawsuit of a woman from Lower Saxony who was employed as a marginal employee in a branch for sewing machines and accessories as a saleswoman is being negotiated.
Due to the corona infections in the region, the business had to remain closed for the entire month of April 2020 by order of the authorities - the woman was not needed as a saleswoman.
She insists on the 432 euros net that she has agreed with her employer for the job as remuneration.
also read
Union Berlin with three starting XI changes against Slavia Prague
Coach Urs Fischer changes his starting line-up for Union Berlin's first group game in the Conference League to three positions compared to the zero number in the Bundesliga against Augsburg.
As expected, the injured Kevin Möhwald replaced Genki Haraguchi in midfield on Thursday evening (6.45 p.m. / Nitro) during the guest appearance at Slavia Prague.
In the defensive three-man chain, Paul Jaeckel is used instead of Timo Baumgartl.
Union Berlin with three starting XI changes against Slavia Prague
Baerbock mobilizes supporters when performing in Mainz
Six days before the federal elections, Green Chancellor candidate Annalena Baerbock campaigned for votes for more climate protection and a “real departure” in politics in Mainz.
In climate policy, there is no difference between the CDU and SPD chancellor candidates, Armin Laschet and Olaf Scholz, she said on Monday during an election campaign in front of several hundred supporters on the banks of the Rhine.
Baerbock mobilizes supporters when performing in Mainz
Corona incidence in MV again fell slightly to 32.3
In Mecklenburg-Western Pomerania, the spread of the corona virus has continued to weaken slightly.
After 77 confirmed new infections, the seven-day incidence fell to 32.3 on Friday, according to the State Office for Health and Social Affairs (Lagus) in Rostock.
The day before, the value was 33.6 new infections per 100,000 inhabitants in seven days.
Corona incidence in MV again fell slightly to 32.3
In her lawsuit, she argued that the closure of the business due to an official order due to the pandemic was part of the operational risk that the defendant employer had to bear.
The mini jobber was successful in the first two instances in Lower Saxony, her employer is now defending herself against this before the Federal Labor Court.
With the case, a group of workers comes into focus that has not played such a major role in the pandemic: mini-jobbers, of which there are hundreds of thousands, mainly in service industries. According to figures from the German Trade Association (HDE), there were around 808,000 marginally employed people in retail alone at the beginning of the year. "The vast majority work in food retailers or in drugstores, which, unlike specialist retailers, were not affected by the Corona closings," said a spokesman.
Mini-jobbers cannot be sent on short-time work like full-time and part-time employees.
They are employees with a maximum monthly salary of EUR 450 or a work commitment of a maximum of 70 days per calendar year.
You do not pay any social security contributions.
How many mini-jobbers shared the plaintiff's fate is open - neither the trade association nor the Verdi union have any data on this.
dpa