Supreme Court ruling: Termination in short.time work is legal

An employer termination that is issued during short-time work or the subsequent one-month retention period is legal. The Supreme Court (OGH) came to this decision after a dismissed employee invoked his individual protection against dismissal during the short-time working phase. Decision of the Supreme Court see here.

Covid short-time work agreement

According to the Covid short-time work agreement between the social partners, redundancies – with a few exceptions – are not permitted. Since the terminated employee was not on short-time work himself, he was not covered by the agreement and could therefore not refer to it.

Software developer

According to the OGH broadcast, the plaintiff was employed as a software developer and project manager. In March 2020, during the first Covid-19 lockdown with 15 employees (not the plaintiff), his employer concluded a “social partner agreement – individual agreement” on corona short-time work. From the end of April, the short-time working agreement should be extended to the entire workforce.

Ultimately, the plaintiff never signed a short-time working agreement because he was terminated on April 27, 2020 as of July 31, 2020 due to personal disagreements in relation to the managing directors and was immediately released from work. The employment of the defendant was replenished after the dismissal of the plaintiff.

Individual protection against dismissal?

With regard to the individual protection against dismissal during short-time work, further legal proceedings are ongoing, which the Supreme Court must decide. Among other things, what is disputed is what should specifically apply in those cases if the employer does not adhere to the obligation to maintain the number of employees. Employee representatives are of the opinion that short-time work also includes individual protection against dismissal for the individual.

By Editor

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