The social partners have published the new social partner agreements for phase III of the short-time work, which will cover the period from October 1, 2020 to March 31, 2021. Applications will be possible at the earliest on 1.10.2020 at the AMS (thus retroactively).
Here you will find the first information about the short-time work phase III:
Social partner agreement
The social partner agreement (SPA) applies to all applications for short-time work from October 1, 2020 until March 31, 2021 at the latest. The SPA exists as a form for companies without a works council (individual agreement, in German) and as a form for companies with a works council (works agreement, in German).
The economic justification for the short-time work must be proven by means of a supplement to the social partner agreement. In addition to other crisis management measures, the report must primarily show sales on a monthly basis from March 1, 2019 to the last available month before the start of short-time work. Alternatively, other meaningful key figures may be used. If short-time work is applied for for more than 5 employees, the information on the economic justification must be confirmed by an auditor or tax consultant.
Minimum working hours
Basically, it is planned that the workload of the employees will be between 30% and 80% of normal working hours. However, it is also possible to fall below this level - contrary to the information circulating so far, this possibility is not limited to individual industries. Provided that the social partners agree, any company can apply to fall below the 30% limit. The application to fall below the 30% limit is a supplement to the social partner agreement.
Minimum gross wage
Contrary to the previous regulations, the minimum gross salary during short-time work is to be increased in accordance with the provisions of the collective bargaining agreement due to collective agreement advances, collective agreement biennia and collective agreement increases.
Training and further education measures
Basic or advanced training for employees during short-time work is possible, but not mandatory. The employer can select appropriate measures - participation is then binding for the employees.
Apprentices can continue to be included in the short-time working scheme. However, the training must be guaranteed and must be proven to the AMS by appropriate (occupationally relevant) measures.
As soon as further details are available - in particular the AMS guidelines - we will inform you immediately.
If you have any further questions about short-time work, our experts Christoph Schmidl and Michael Koehler will be happy to assist you.