The influence of a worldwide pandemic for minor employees : Federal Labour Court, judgement of 13.10.2021, 5 AZR 211/21
A decision has been made: no remuneration for mini-jobbers in case of official shop closure during the pandemic crisis.
Let us have a closer look at the case:
20.10.2021. Due to the state issued “hard lockdown” at the beginning of the Corona pandemic, many employees could no longer fulfil their employment positions.To ensure workers’ compensation and employers’ solvency, the federal government simplified the requirements for receiving short-time allowance (Kurzarbeit). This allowed employees subject to social security contributions to receive short-time allowance.
On the other hand, marginally employed persons, i.e. students, could not receive short-time allowance because they were not subject to a compulsory insurance (§ 98 para. 1 no. 1 SGB III). We can say that there is a gap in the German financial protection system for minor employees.
Mini-jobs are marginal jobs with a maximum monthly salary of 450 euros or a maximum working period of 70 days per calendar year. Due to the lack of contributions to social insurance, mini-jobs do not provide social insurance security.
The Federal Labour Court clarified: The closure of a business due to the sovereign intervention to combat a dangerous situation affecting the company as a whole is not an operational risk within the meaning of section 615 sentence 3 BGB, so that the employer is not obliged to pay compensation.
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