In the past few days I have been asked several times whether short-time work has to be introduced for the whole company or whether it can be limited to individual employees.
Short-time work is authorised for the company or part of the company (and not for the individual employee). The loss of working hours required for the authorisation must amount to at least 10% of the total number of hours worked by the employees of the company (or part of the company) (per accounting period). Accordingly, for the calculation of the minimum loss of working hours, all employees for whom short-time allowance could in principle be claimed must be taken into account. In order to calculate the minimum loss of work necessary for the approval of the measure, all employees in the company or part of the company for whom short-time allowance could be claimed (=entitled employees) are therefore taken into account.
This does not mean, however, that short-time work applies to all employees of the company or part of the company (for which it is requested). A distinction must be made between the calculation of the loss of working hours, for which all eligible employees are taken into account and which is a prerequisite for the granting of an authorisation in the first place, and the employees who are actually affected by it. The employee must also agree to this. For this reason, the preliminary notification of short-time work to be submitted to the cantonal employment office must indicate the number of workers affected by the measure and the form to be signed by the workers concerned (“Consent to short-time work”) must be submitted as an attachment to the preliminary notification.
The employees affected by this can then also have different degrees of short-time work (the individual loss of working hours can be different). Finally, it should be noted that the cantonal employment offices have made special “COVID-19” forms available on their websites.
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