On Friday 15th January my employer announced, without any previous notification or warning, that half the company would be put on Kurzarbeit with various degrees from 60% to 100%. The kurzarbeit started the next week. It's a small company with no Betriebsrat so that it happened suddenly and some degree of chaos is no great surprise however what is a surprise is who was selected. This is seemingly random and arbitrary, the logic and reasoning offered is twisted and full of half-truths.
It seems that some employees are sharing a disproportionately heavy burden and others, in exactly the same situation, are still working 100%. The employer has offered no support or assistance, either financially or in advice, and the chosen employees are expected to just deal with it. Even with the governments top-up money this still means a very significant loss of income to those on Kurzarbeit.
As I say, it's a small company, we're all 'per du' and I'm not sure that there's any mobbing going on or even a hidden agenda, even though some suspect that, but I find the situation grossly unfair on some who have been selected. The company is doing badly at the moment and needs to save cash short term but it has every expectation to do better in the near future. Kurzarbeit is the ideal method to deal with this cash shortage but the way it has been done is unfair. There's no Betriebsrat so it's every one for themselves, everyone selected voluntarily signed the acceptance letter and went on Kurzarbeit but now the full details are emerging some feel unfairly victimised.
So, what are the legalities of the situation? Can the employer select at random, what grounds would employees have to seek redress in the courts and what should be attempted to prevent a court case? What advice would the great and good on TT offer?