It is usually a short-term situation because your employer is struggling. Depending on the situation, you may be able to claim severance pay. If a worker`s employment contract contains an explicit right of the employer in terms of contract, to impose dismissal or partial unemployment, this is mandatory for the worker. See the model clause for inclusion in an employment contract [T26.01]. STW may anticipate either a partial reduction in the number of hours worked for a limited period of time (. B, for example, a partial suspension of the employment contract), i.e. a temporary dismissal (for example. B a total suspension of the employment contract). In both cases, the employment contract is pursued and not broken. STW`s goal is to help employers gain flexibility in times of temporary economic recession, without resorting to layoffs. For the employer, this strategy has the added benefit of retaining a trained workforce instead of recruiting untrained staff as soon as the economic situation sets in.
For the worker, STW allows them to stay in the labour market even in the event of reduced working time and pay, thus avoiding a decrease in their qualifications. Your contract can be written a verbal agreement or what usually happens in your company. It could also be called your “conditions and conditions.” For more information on implementing these solutions, visit Lay Offs, Short-time Working and Guarantee Payments Factsheet [FS26.02]. In some cases, when you are in a situation of layoff or partial unemployment for a period of time, you may be entitled to redundancy. A dismissal does not involve the termination of your employment contract while a dismissal does. This document describes the difference between redundancy and partial unemployment, provides information on social assistance and informs you when severance pay can be put in place. Employers should apply the same selection criteria as redundancies when selecting workers for redundancies. The criteria should be reasonable and applied fairly. As a general rule, you can only put your staff out of work partially if your employment contract contains a partial employment contract clause or if this measure is normal over a long period of time by habit and practice. If there is no contractual right to impose redundancies or partial unemployment and the worker disagrees, the employer would constitute a fundamental violation of the worker`s employment contract if it wanted to impose dismissal or partial unemployment. If the worker has at least two years of service, he can resign and request constructive dismissal. If successful, the worker could receive compensation for basic and compensatory pay based on financial losses up to an annual salary or legal limit, depending on the lowest level (see table “Legal Rates and Values”).
Workers should be paid at full employment during redundancy or partial unemployment, unless workers who have been made redundant or partially unemployed are entitled to pay for the days on which they do not do any work at all.