I've worked as an English language marketer for a German company for 14 years and it looks like my division is about to close down. We've been on kurzarbeit since the crisis began.
I know that normally I would be entitled to five months notice because I've worked there so long. Does this still apply if a whole section of the business has to close? Does it mean they pay you out, or does it mean you have to keep sitting there for five months, even if there's nothing to do? What if the company can't pay it?
My second question is about unemployment benefits. Are they calculated based on my usual salary, or on my kurzarbeit salary, or over a whole year (so the kurzarbeit period will bring down the average).
Thanks in advance.
I work for this IT company, which actually is not doing too bad at the moment. However, they expect their pipeline to dry up/thin out because of the Corona crisis. In order to be prepared for the worst, they have asked all employees to sign a Kurzarbeit Individualvereinbarung, since there is no Betriebsrat. The agreement gives them the right to announce Kurzarbeit for the period of one year, up to 100% reduction.
I have no experience in this area, but it feels odd to me to basically give them the right to withhold 33% (I have children) of my paycheck for a year, without me having any form of control over it. After I sign it, there is no way for me to agree or check if they really did all they could have to reduce costs in another way.
I understand what Kurzarbeit is and I understand that it is probably better than being laid off; but my question is:
Do you think this is a fair agreement, considering that at the moment things aren't going too bad? Would you sign it?
Here is the text of the agreement (company name removed):