Temporary layoff from part-time employment
Example: You have an employment contract that specifies your working hours as 60% of the maximum. Your working hours are organised so that you work full-time from Monday to Wednesday and are off for the rest of the week. You are then temporarily laid off full-time. You will be paid a full daily allowance for 5 days per calendar week.
If you work part-time and are not temporarily laid off on a full-time temporary layoff, then your temporary layoff comprises a shortening of weekly working hours, and you will be paid an adjusted daily allowance.
Example: You have an employment contract that specifies your working hours as 60% of the maximum. Your working hours are organised so that you work full-time from Monday to Wednesday and are off for the rest of the week. You are temporarily laid off on shortened weekly working hours: you work a full day only on Monday and are temporarily laid off or off from work for the rest of the time. You will be paid an adjusted daily allowance for 5 days per calendar week.
While temporarily laid off from a part-time job, your working hours will be reviewed per calendar week, as for temporary layoffs in a full-time employment relationship.
Temporary layoff of a managing director
According to legal practice, the temporary layoffs of managing directors of limited liability companies and cooperatives are not considered to be such temporary layoffs, because their employment contracts are not governed by the Employment Contracts Act.
Temporary layoff of a shop steward
If you are such an elected representative, you may not be temporarily laid off unless your work ends completely for financial and production-related reasons or because of a reorganisation of your employer’s functions. In addition it is required that your employer cannot provide you with employment that corresponds to your professional skills or is otherwise suitable. You may only be temporarily laid off if all the employees that you represent, and are engaged in the same work as you, are temporarily laid off at the same time.
However, an elected representative may agree on a fixed-term temporary layoff with the employer in the case of an agreed temporary layoff.
Agreed temporary layoff
In order for you to qualify for a daily allowance, your temporary layoff must be for a fixed term and justifiable for financial or production-related reasons. An agreed temporary layoff may only be agreed upon while the employment relationship is in force, and only on a case-by-case basis. Agreed temporary layoffs are only possible in indefinitely valid employment relationships.
Reason comparable to a temporary layoff
Reasons comparable to temporary layoff include the following:
- you are prevented from working because of a fire, extraordinary natural event, or similar occurrence at your workplace that was due to neither you nor your employer,
- under certain circumstances, the suspension of work and pay is agreed upon in your employment contract (because your employer operates during specific established periods in the year),
Example: A teacher settles in their work contract, that on fall and winter holidays they do not work and no salary is paid. Daily allowance may be paid for those weeks, since it is a reason comparable to temporary layoff. You need to fulfil normal conditions for the allowance to be paid.
- in some cases, involving suspension of a government employee from office, or involving family care providers.
For reasons comparable to a temporary layoff, you will be paid a full or adjusted daily allowance as in the case of any actual temporary layoff.