BEERG Webinar Company Responses to Covid-19 Germany Dr. Gerlind - - PowerPoint PPT Presentation

beerg webinar company responses to covid 19 germany
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BEERG Webinar Company Responses to Covid-19 Germany Dr. Gerlind - - PowerPoint PPT Presentation

BEERG Webinar Company Responses to Covid-19 Germany Dr. Gerlind Wisskirchen 1 BEERG | Dr. Gerlind Wisskirchen CMS Germany WoCo Virtual Negotiation EWC German WoCo Consultations and negotiations EWC Agreement decisive can be


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BEERG | Dr. Gerlind Wisskirchen CMS Germany 1

BEERG Webinar Company Responses to Covid-19 Germany

  • Dr. Gerlind Wisskirchen
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

WoCo– Virtual Negotiation

  • EWC Agreement decisive
  • Virtual negotiation OK, if

agreement provides for this

  • No statutory provisions on virtual

negotiation Sanctions:

  • No injunctive relief
  • €15,000 fine
  • Consultations and negotiations

can be held virtually

  • Admissibility of virtual decisions

controversial

  • Risk: works agreement invalid
  • But: better virtual decision than

none at all EWC German WoCo Sanctions:

  • Injunctive relief
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Closure of Site - Continued Remuneration?

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By public authority

  • No entitlement to remuneration
  • But:
  • Authority reimburses salary

By employer

  • Employer bears "entrepreneurial risk"
  • f site closure
  • Continued remuneration as long as

employees willing to work and capable

  • f working
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Can Employer Order Leave/Overtime/Company Holiday

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Order individual leave (-)

  • Employer cannot unilaterally order

employees to take leave.

  • Only possibility: ask employees to

do so Order overtime (+)

  • Employer may order overtime

Order company holiday

  • Balancing conflicts of interest
  • There must be an "urgent operational matter"
  • Works agreement required
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Caring for Kids- Continued Remuneration?

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New bill (entry into force April 1st):

  • Up to 67% of normal net salary
  • Up to 6 weeks
  • Up to 2016€/month
  • Payment by employer
  • Reimbursement by health authority
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Can Employer Order Work from Home?

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  • Depends on employer's right to issue instructions

Rule: remote work only with employee's consent or if work from home is agreed upon in employment contract

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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Can Working Time Be Monitored When Working From Home?

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Yes

  • Compliance with statutory

working time limits must be checked Time sheets:

  • Send working times to manager
  • Use existing working time systems
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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Short-Time Work (Kurzarbeit)

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Short-time work

  • Companies in crisis: reduction of working hours and

corresponding compensation

  • Federal Labor Agency pays 60% of the normal

remuneration to employees (67% if employees have children) Coronavirus

  • Federal Employment Agency: coronavirus pandemic

= unavoidable event Works Council has to agree on short- time work!

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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Short-Time Work

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Compensation for short-time work for temp agencies

Full refund of social security contributions to employer

"Considerable loss of work" required for compensation for short-time work:

  • Affecting at least 10% of all employees
  • Affecting at least 10% of employee's

gross salary Notification of loss of work to Federal Employment Agency!

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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Coronavirus-Related Measures - Codetermination

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Codetermination regarding coronavirus-related measures

Order of company holiday Establishment of hygiene rules Change of working hours Order of short-time work

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BEERG | Dr. Gerlind Wisskirchen CMS Germany

Does Corona Trump Data Privacy?

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NO

  • Data privacy rules still applicable

Data processing only permitted if

  • Necessary for performance of employment relationship or
  • With consent of employee

Processing employees' health data permitted if

  • Serving legal obligation to protect employee
  • Overriding interest of employee does not oppose
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BEERG | Dr. Gerlind Wisskirchen CMS Germany 12

  • Dr. Gerlind Wisskirchen

T +49 175 4021776 E gerlind.wisskirchen@cms-hs.com

Thank you!