SHARE
COPY LINK
For members

WORKING IN GERMANY

Jobs news in Germany: Mini-jobbers lose out in Covid closures and VW layoffs

People working so-called mini-jobs aren't due pay remuneration from their boss if they lost hours in the Covid shutdown, a court has found. Here's our roundup of jobs news and talking points this week.

A cafe in Kiel, northern Germany. Many people in the service industry have 'mini jobs'.
A cafe in Kiel, northern Germany. Many people in the service industry have 'mini jobs'. Photo: picture alliance/dpa | Frank Molter

Mini-jobbers lose out on cash

People with a mini-job – a position where the employee earns no more than €450 per month – are not due wage compensation from their employer if there’s a forced closure by authorities of their workplace, says a German court. 

According to a ruling by the Federal Labour Court, business closures in the pandemic are not part of the ‘general operational risk’ for entrepreneurs. Therefore, they do not bear the risk for the loss of work of mini-jobbers. And that means they do not have to pay remuneration to people with mini-jobs who were affected by closures. 

READ ALSO: Why the Covid crisis is hitting people with mini-jobs in Germany hard

The case was lodged by a mini-jobber from Bremen who was working as a saleswoman when the branch had to close by order of the authorities in April 2020. She argued that the closure of the sewing machine shop during the pandemic was part of an ‘operational risk’ that the employer had to bear, and asked for remuneration.

The lower courts in Lower Saxony had upheld her claim, saying that if employers are available for the agreed work they must still be paid. But the Federal Labour Court in Erfurt on Wednesday overturned their decision. It means the employer does not have to pay the disputed remuneration of €432 for one month.

The judges in Erfurt argued that it was the state’s responsibility to compensate for the financial disadvantages caused by the Covid restrictions – not the boss.

The government’s Kurzarbeit (reduced working hours) scheme is meant to support employees affected by closures. But here’s the catch – people with mini-jobs are not entitled to Kurzarbeit. 

Mini-jobbers do not pay unemployment insurance contributions so they are not entitled to shorter hours benefits.

The judges on Wednesday said this issue means there are “gaps in the regulatory system subject to social insurance”.

A sign looking for people to work 'mini-jobs' in Frankfurt.
A sign looking for people to work ‘mini-jobs’ in Frankfurt. Photo: picture alliance/dpa | Frank Rumpenhorst

The case brings into focus a group of workers who have been badly affected by the pandemic. Labour lawyer Michael Fuhlrott said mini-jobbers are left to bear the costs of closures.

There is no possibility of receiving compensation from the state, and the Federal Labour Court has not answered this question either. The court states in vague terms: “It is up to the state to provide adequate compensation, if necessary”. The detailed reasoning of the judges has not yet been made public.

According to figures from the German Retail Association (HDE), there were about 808,000 marginally employed workers in the retail sector alone at the beginning of the year. Lots of people also have mini-jobs in the service industry.

Mixed views on ‘home office’

The big debate over employees working from home continues. A new report states that every fifth company in Germany wants to allow staff to work flexibly between the home and workplace in the longer term.

According to the survey by the Nuremberg Institute for Employment Research (IAB), 20 percent of employers in Germany want to expand the possibilities for mobile working. 

But two-thirds of the companies – around 66 percent – want to reduce it back to pre-crisis levels.

The institute surveyed businesses across Germany between July 5th and 20th.

“The share of establishments that want to expand the home office option is much higher among large companies with over 250 employees than among small and medium-sized enterprises,” said IAB researcher Christian Kagerl.

VW’s shift to electric cars could cost jobs, says CEO

Up to 30,000 jobs at Volkswagen could be at risk if the German auto giant is unable to reduce the costs of its transition to electric models, its chief executive told a recent supervisory board meeting, according to a company source on Wednesday.

The business daily Handelsblatt reported that CEO Herbert Diess had “expressed his concern” for VW’s future at a board meeting on September 24th and had complained that, compared with rivals, VW’s costs were too high.

“The restructuring of Volkswagen could put one in every four jobs at risk” at the core VW brand and the “abolition of 30,000 jobs” was possible, the newspaper wrote, citing internal discussions.

READ ALSO: Berlin teacher shortage and what to know about holiday pay

Quizzed by AFP, a spokesman for Diess conceded that the carmaker needed to “deal with the competitiveness of our plant in Wolfsburg”, drawing a parallel with US electric car pioneer Tesla, which is close to starting production at a plant near Berlin.

“The debate has started and there are already a lot of ideas,” the spokesman said, but there were no “concrete scenarios” as yet.

A labour source on the supervisory board told AFP that Diess had been “speculating about an extreme scenario” and had drawn a comparison with the introduction of a four-day week in 1994, which “saved 30,000 jobs”.

There was “consensus” that “if the right adjustments are not made in the coming years, it could, in the worst case, impact employment”, the source said.

But a spokesman for the works council dismissed the suggestion that 30,000 jobs could be axed as “absurd and unfounded”.

VW – whose 12 brands include Audi, Porsche and Skoda – is pumping billions of euros into the shift to electric and aims to become the world’s largest electric carmaker by 2025.

An employee walks through the Volkswagen Commercial Vehicles plant in Hanover.
An employee walks through the Volkswagen Commercial Vehicles plant in Hanover. Photo: picture alliance/dpa | Julian Stratenschulte

Falling number of new German startups

Have you recently taken the plunge and launched your own business or become freelance in Germany? Well, congratulations – as the entrepreneurial spirit is declining overall in Germany. 

“We observed that start-up activities in the commercial sector have been declining for years: the average start-up intensity has decreased nationwide from 92 start-ups per 10,000 working-age people in 2003 to 47 in 2019,” Dr Rosemarie Kay, deputy managing director at the Institut für Mittelstandsforschung (IfM) Bonn, told The Local. 

The IfM evaluated official stats to look at the startup dynamics and the development in Germany’s 401 districts and cities. 

“Across the districts, we see an extremely heterogeneous picture: on average, the average annual rate of change in start-up intensity in the 401 districts and independent cities dropped by 4.3 percent,” said Kay.

However, Kay said that 40 percent of districts have developed better than the average.

“Five districts even show a positive development over the whole period of time: the districts of Görlitz, Marburg-Biedenkopf and Teltow-Fläming and the cities of Leverkusen and Mülheim an der Ruhr,” said Kay.

“Why these districts saw a positive trend in start-up development is not clear, yet. Given the heterogeneity of the districts, no obvious explanation suggests itself. So, it poses one of many questions we are going to investigate in a follow-up project.”

READ MORE: The surprising parts of Germany where new businesses are blooming

With reporting by AFP

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

WORKING IN GERMANY

Four steps to take straight away after losing your job in Germany

Losing a job can be a nightmare situation for foreigners in Germany - but following these simple steps will get you back on your feet in no time.

Four steps to take straight away after losing your job in Germany

In times of economic downturn, layoffs are far from unusual – but that doesn’t make it any more difficult for the people who find themselves suddenly left without work.

For foreigners in Germany, the situation is even more frightening. You may wonder whether your residence status is in jeopardy, how hard it will be to find another position, and whether you can support yourself while you look for another job.

Though it may be hard to think clearly at a time like this, following these four simple steps will set you in good stead to move forward – and hopefully, it won’t be long before another dream opportunity comes your way. 

1. Negotiate your terms 

Before signing or agreeing to anything, it’s crucial that you’re familiar with your rights and understand how much notice your employer has to give you and what kind of settlement you may be owed.

Generally, the rule of thumb is that you get half a month of severance for every year you worked at the company. That said, higher settlements can be negotiated in return for signing a termination agreement (Aufhebungsvertrag), so you may want to seek legal advice before settling. 

Even during a probationary period, your employer will also have to give you a certain amount of notice before your last working day. During the interim, you can either work for the company or be put on what is known as gardening leave in English, where you stay home but are paid as if you were working.

This can all be negotiated as part of a termination agreement, so you should think carefully about what works best for you and consider speaking to your labour council (Betriebsrat) or a legal specialist before making any firm decisions. You should also be aware that you have no obligation to sign any agreement and can legally dispute the layoff if you want to. 

READ ALSO: Can I get unemployment benefits in Germany if I quit my job?

2. Get all the necessary documents from your employer

Once the terms of the layoff are final, ensure that your employer gives you all the necessary documents you need to navigate the next phase of German bureaucracy.

The main two to think about first are the confirmation of work (Arbeitsbescheinung) and the confirmation of your holiday entitlement (Urlaubsbescheinigung).

The first can be sent to the Agentur für Arbeit (jobcentre) as proof of your last job and recent layoff, while the second will help your next employer calculate your vacation days for the rest of the year.

An Arbeitszeugnis, or German letter of reference

An Arbeitszeugnis, or German letter of reference. Photo: picture alliance/dpa/dpa-tmn | Zacharie Scheurer

On top of these documents, you’ll want to ask your employer for a letter of reference (Arbeitszeugnis), which is useful for finding a new job in Germany.

You should also keep hold of your last payslip and statement of earnings (Lohnsteuerabrechnung), which are helpful for tax purposes and may also be requested by the Agentur für Arbeit.

Speaking of which… 

3. Register as unemployed with the Agentur für Arbeit

As soon as you know that you are soon to be unemployed, you should register as a jobseeker with the Agentur für Arbeit. To get full unemployment benefits, you usually have to do this within three days of receiving your termination notice or at least three months before leaving.

Depending on what type of residence permit you’re on, you may or may not be entitled to long-term unemployment benefits (ALG II), but most employees are able to get unemployment insurance (ALG I), which covers a proportion of your former salary while you look for a new role.

It’s important to be a little bit careful here, as claiming long-term unemployment benefits (ALG II) can affect any future citizenship applications. Any severance pay you agree to can also result in you losing some months of unemployment benefits, so these are all factors you will have to consider while deciding on the best way forward. 

READ ALSO: What happens to your work permit if you lose your job in Germany?

4. Inform the immigration office 

If you’re on a residence permit that is linked to your job in some way, like a Blue Card or work visa, you’ll need to inform the immigration office about your change in circumstances as soon as possible.

This should be done in writing, and in German, within two weeks of receiving your termination notice.

You should include all relevant personal information, such as date of birth, residence permit type, and nationality, as well as the date of your final day at work. As proof of the layoff, you should also enclose a copy of your termination agreement or a letter from your employer. 

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

In most cases, the immigration office will give you between 3 and 12 months to look for a new job. If they give you a shorter period, be aware that you may be able to negotiate an extension later on if you are struggling to find work through no fault of your own.

Above all, stay positive. Though it may feel like one door has closed, another one is sure to open. This being Germany, you may just have to wade through a sea of paperwork to get there.

SHOW COMMENTS