Corona 2020: new hires during short-time work? – Essen attorney

We are still concerned with the corona crisis and its economic consequences like hardly any other topic. Many people and companies are still on short-time work. In our previous articles and our FAQ, we provided you with comprehensive information on the most important legal and tax aspects of the pandemic. Again and again we got one question: Are new hires possible even during short-time work?

Short-time work

Short-time work means that temporary reduction of the contractually agreed working hours in the same proportion as the wages of the employees concerned. The reduction can be a percentage (eg 30 hours instead of 40 hours per week) or absolute (0 hours per week).

You can find more information about short-time working here!

Short-time working does not have to be introduced and reported for the entire company. Short-time work can also limited to individual company departments his.

Short-time work allowance

If short-time work has been effectively ordered, the employees concerned receive their normal gross wages instead Short-time allowance. The costs of this short-time allowance are borne by the Federal Employment Agency taken over. This should relieve companies in financial bottlenecks and at the same time avoid redundancies for operational reasons.

Already knew? Optimize short-time work benefits

New hires during short-time work?

In particular, if only a few company departments are affected by short-time working, many entrepreneurs are wondering whether they should still work hire new employees can. Many fear that they will lose government support if they recruit.

Basically, it can first be stated that New hires cannot be ruled out entirely are. Rather, it always needs one Examination of the exact individual case.

A new appointment is therefore only subordinate and possible if there is a special objective reason.

Special factual reason

When such a special objective reason exists can hardly be determined in a general way. In individual cases, the special professional qualifications of the newly hired employee must always be taken into account. Is this absolutely necessary for operation, this can be a first indication of the admissibility of his new hiring even during short-time work.

Already knew? Re-registration procedure for NRW emergency aid resumed!

New hires are of secondary importance

However, it should be noted that new hires must always remain subordinate during short-time work. New hires are only allowed if they unavoidable are. Therefore, it must also be checked whether the position can also be filled by transferring an existing employee. Alternatively, an increase in short-time work in an individual department can also be considered.

If the position can also be filled internally in this way, this has priority over a new appointment. This would then not be inevitable.

Report to the Federal Employment Agency

At least in North Rhine-Westphalia, every new hiring during short-time work should be compared to the Federal Employment Agency displayed will. This facilitates the examination of the existence of a special objective reason.

Already knew? The Schumacher law firm is at your side with competent legal advice in the south of Essen.

For all topics and questions about and the subject of short-time work are ours tax consultant and Lawyers approachable for you and will be happy to support and advise you.

Give us a call 0201/24030.

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