Short-time work benefits are intended to compensate for a loss of wages in times of crisis. But what if the employer does not report the loss of work in good time?
Landshut/Berlin – During the lockdown, many employers applied for short-time work benefits for their employees in order to at least partially compensate for their loss of wages.
However, if an employer does not report a loss of work to the Employment Agency in good time, the benefit will not be granted. This is shown by a judgment by the Landshut Social Court (Az: S 16 AL 66/21). This is pointed out by the labor law working group in the German Lawyers’ Association (DAV).
Late reporting – no money
The owner of a hotel and catering business had sued. As of November 2020, their operations had to close for the second time due to the lockdown. However, the entrepreneur did not report the associated loss of work until the beginning of February 2021.
The Employment Agency rejected the retrospective application for short-time work benefits for its employees for the months of November and December 2020.
The lawsuit filed by the owner of the business was unsuccessful. If there is a significant loss of work, employers must report this to the responsible employment agency in good time. According to the court, short-time work benefits are only paid from the month in which the loss is reported.
Claims for benefits can also be submitted retrospectively
The application for payment of short-time work benefits should be distinguished from this notification of loss of work. In a second stage, this can be made retrospectively within three months.
For employees, such a failure by the employer should make no difference. As the German Lawyers Association explains, the employer is responsible here. The wage entitlement remains and the employer has to pay. dpa