Decision of the coalition partners of 22 April, 2020: Increase in short-time work allowance from the 4th month of short-time work

As the restrictions to contain the corona pandemic will continue to be eased only in small steps, the coalition partners decided on 22 April 2020 to adopt some new measures to mitigate the social and economic consequences of the corona crisis.

In particular, these include an increase in short-time work allowance after a certain period of entitlement. With regard to the first three months of short-time work, the existing short-time allowance rates remain unchanged. The increase will take effect from the 4th month of short-time working compensation and is subject to the condition that at least 50% of regular working hours are lost. In this case, the short-time working allowance increases to 70% (or 77% for employees with children) of the net remuneration difference, i.e. the difference between the flat-rate net remuneration from the target remuneration (contractual remuneration without short-time working) and the flat-rate net remuneration from the actual remuneration (remuneration reduced as a result of short-time working). From the 7th month of receiving reduced hours compensation, this then increases to 80% (or 87% for employees with children) of the net remuneration difference. As things stand at present, an increase in short-time working compensation will be granted until 31 December 2020 at the latest.

In the past few weeks, further prerequisites for the protection and safeguarding of employers and employees in the coronavirus pandemic were created at federal level. In the following we summarize the current developments for you:

On 25 March, 2020 the Bundestag passed the law to protect the population in the event of an epidemic situation of national importance. In addition to creating a far-reaching power of authorization for the Federal Ministry of Health and Care in the event of the occurrence of an epidemic situation of national importance, the legislator has extended the compensation claims provided for by the Protection against Infection Act (IfSG) in favour of working persons with custody.

The following explanations are of course neither to be understood as conclusive nor as generally valid. In particular, a different assessment may be required on the basis of the applicable employment contract, company and collective bargaining regulations as well as personal, company and other circumstances.

The coronavirus continues to spread: The World Health Organization (WHO) has declared the virus outbreak a pandemic. A pandemic is an unrestricted outbreak of disease that is capable of causing serious illness and spreading easily from person to person. Accordingly, Bavaria and Saarland have decid-ed in the night of 13 March 2020 to close all schools and day-care centres from Monday 16 March 2020 until the beginning of the Easter break on 4 April 2020. It is to be expected that the remaining federal states will follow this example. Furthermore, almost all major events have been cancelled. Infected employees or those who are suspected of being infected with the coronavirus are in quarantine due to official orders.

At present, a considerable spread of the respiratory disease COVID-19, which is caused by the novel coronavirus SARS-CoV-2 (coronavirus), can also be ob-served in Germany. The World Health Organisation (WHO) had already de-clared a health emergency on 30 Janu-ary 2020. According to the WHO, the coronavirus is therefore an exceptional occurrence that is serious, sudden, unusual or unexpected, poses a threat to human health, even across national borders, and requires a prompt interna­ tional response.

In its decision of November 15, 2019 (Ref.: 9 Sa 99/18), the Regional Labour Court of Baden-Württemberg dealt, among other things, with the question of whether and under what conditions the health insurance fund of an employee can assert claims for continued remuneration against his employer within the specified period.

An IT employee is obliged to protect sensitive customer data and must not misuse it for other purposes, according to the Labour Court of Siegburg, see ruling of January 15^th, 2020 – 3 Ca 1793/19.

Digitisation is also proceeds in labour law. However, it remains to be seen whether the electronic certificate of incapacity for work (eAU) actually goes hand in hand with the desired goal of reducing bureaucracy and thus relieving the burden on employers. 

Are other employee representatives to be involved in the consultation procedure in addition to the works council?

In its ruling of July 11^th, 2019 (Case No. 21 Sa 2100/18), the Berlin-Brandenburg state labour court (LAG Berlin Brandenburg) declared the dismissal of a severely disabled employee for operational reasons as part of a mass dismissal in insolvency (Air Berlin) invalid, among other reasons, because the employer had involved the works council in the consultation procedure, but not the Body for Severely Disabled Employees.