The COVID-19 pandemic has hit the world of work hard. And as is well known, crises reveal a person’s true character: one employer, for example, tried to avoid paying continued wages. Here’s the case: A metalworker, with the support of union legal counsel, filed a lawsuit over the circumvention of the Continued Wage Payment Act. In principle, employees are entitled to continued wage payments for up to six weeks if they become unable to work due to illness. But what happens if the employer “puts them on short-time work”?
Short-time work in sales, but not in the workshop
On the employer’s side, we have a company in the automotive industry. The plaintiff works there as an auto mechanic in the vehicle preparation department for sales, but also in the workshop when needed. After the start of the COVID-19 pandemic, the plaintiff had signed a blanket agreement regarding short-time work.
While the sales department was affected by short-time work, there was no need for it in the workshop. The plaintiff was assigned to the workshop both before and after his incapacity to work. The plaintiff then fell ill due to an orthopedic condition and was unable to work for four weeks. The employer exercised what it believed to be its right and, without prior notice, placed the plaintiff on short-time work. Two other colleagues from the workshop department experienced the same situation.
After the IG Metall member sought legal advice from the DGB’s legal protection service, the lawyers clearly explained the legal situation to the employer and demanded that he pay the wages in accordance with the Continued Pay Act. But he did not pay.
Lawsuit Before the Labor Court
So the employee decided to take the case to labor court to persuade the employer to change its mind.
During the conciliation hearing, the presiding judge had strong words for the employer. The evidence presented by the plaintiff suggested that the imposition of short-time work was intended to reduce the compensation to which the plaintiff was entitled under the Continued Pay Act. Such a circumvention of the law is unlawful. After all, there was no short-time work in the workshop either before or during the metalworker’s illness.
This clear stance had an effect. In a settlement, the employer agreed to pay nearly the entire amount claimed.
Offering One’s Labor Personally
Fear of losing one’s job during the pandemic leads employees to go to great lengths to save their company—and thus their jobs. Some employers might take advantage of this. As a result, despite a clear legal situation, employees are placed on short-time work without an agreement or prior notice and are thus forced to accept reductions in income.
In such situations, it is always advisable to personally offer your services in order to safeguard any wage claims you may have.
IG Metall Provides Advice on Problems
If you have questions about short-time work or issues with your employer, metalworkers can seek legal advice from the experts at their local IG Metall office. You can find the contact information here.
