Pandemic closure and pay: BAG 5 AZR 211/21

Archive · Originally published 2022-01-10
Editorially revised on 8 November 2026. This page records an earlier topic; follow the current guide below for present-day advice.

The issue

On 13 October 2021, the Federal Labour Court decided a claim for pay during an official pandemic closure in April 2020. The general-lockdown closure in that case did not fall within the employer’s operational risk under section 615 sentence 3 BGB.

How to read this today

This was a decision about the particular shutdown and risk allocation. It is not a general rule that mini-job employees have no pay protection. Historical earnings thresholds must not be used for current marginal employment.

Practical context

For a current matter, identify the relevant date, the applicable documents and the outcome sought before relying on an earlier summary.

Primary legal source

Current guidance

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