Information Note About Short Time Working And Short Time Working Allowance

The revised information note has been shared about the general health-threatening effect of Corona Virus which started in China and spread to various countries in recent months and the precautions in working life because of its’ effects. We thought it would be useful to create a separate information note on this subject due to the questions about the short time working and the allowance in practice. Details on this subject are given below.

1. What is the “Short Time Working” and “Short Time Working Allowance”?

It is regulated in the annex 2 Article of Labor Law. According to this, it is an application that provides income from the unemployment insurance fund for the period when the insured cannot work if the conditions set out in the law occur. The link of the Ministry on “https://www.iskur.gov.tr/isveren/kisa-calisma-odenegi” can also be used.

2. What are the conditions of “Short Time Working”?

The conditions can be listed as below.

– A general economic, sectoral, or regional crisis and a compelling reason occurs,

– Operation stops temporarily or partially and/or reduces of weekly working hours temporarily in the working place

– Duration is maximum 3 months. It can be extended up to 6 months with the Presidential Decision. No such decision has been made now.

– The Institution must make a “compliance assessment” regarding the application made by the employer,

– In addition, the relevant employee must have worked uninterruptedly in the last 60a  days before the start of the short time working (60-day insurance registration) and an unemployment insurance premium of at least 450a  days has been reported in the last three years.

3. What are the external conditions of short time working?

Regional crisis: Refers to situations in which businesses that operate in a province or region are severely affected and shaken economically due to national or international events.

General economic crisis: It refers to the situations in which events occurring in the national or international economy seriously affect and shake the country’s economy and thus the businesses.

Sectoral crisis: It refers to the situations where the sectors directly affected by the events occurring in the national or international economy and the businesses in the related sectors are seriously shaken.

Compelling reason: The periodic situations or earthquake, fire, flood, landslide caused by external effects that are not caused by the employer’s own referral and administration, cannot be predicted, as a result of which cannot be eliminated, resulting in a temporary or shortening of the working time or a complete or partial cessation of the operation, expresses epidemic disease, mobilization.

4. How should we interpret the reduction of working period partly or completely?

The legal regulation is defined as follows: It is considered to short time working temporarily decrease the weekly working hours in the workplace by at leasta  1/3 or to stop the operation in the workplace completely or partially for at least four weeks without seeking a continuity condition.

The important point in short time working is the decrease in working hours. Although there is no reduction in the levels determined in the work periods, the decrease in terms of my goods and services wage is not sufficient for short time working. Because short time working is evaluated over working time, not according to the production amount. If production decreases and working time does not decrease, short work cannot be mentioned. According to the size of the institution, weekly working hour should decrease by at least 1/3 if week-based evaluation is to be made. If evaluation will be made partially or completely over stop, partial or complete stop must take place for 4 weeks. However, only 4 weeks of partial or complete cessation of the work in a 3-month period may not qualify for the entire 3 months. An allowance decision may be made only for weeks when the work is partially or wholly stopped. For this reason, it would be more accurate to calculate the decrease in working times based on the total short time working period, not on a weekly basis, for the purpose of the short working support.

5. Can it said that short time working conditions have not occurred according to the subsistence of full-time employees in the workplace?

Short time working conditions should be evaluated in terms of the workplace. It should be sufficient to significantly reduce the total working time in the workplace. Otherwise, the concept of partial cessation of operation in the workplace may become meaningless. Because some parts of the workplace may stop completely, and some parts may work fully.

It is not possible to benefit from short time working allowance in the case of partial stoppages, which are exemplified, if the criteria for the reduction of work are introduced for each employee. Therefore, accepting this approach would be against the purpose of the short time working. Accordingly, it should be concluded that if the total working time in a workplace decreases significantly, the conditions of the short work take place in terms of the workplace. After this stage, each employee can be evaluated separately. At least 1/3 of the employees are covered by the allowance according to the weekly working time. Those who do not comply with this condition cannot benefit from the allowance. If this is not the case, no business can benefit from short time working allowance due to full-time employees in each business when the work is completely stopped.

6. How should we evaluate the status of employees who do not provide period requirement?

For employees who do not provide the 450-day premium payment and the last 60 days of working conditions; if they have a period left over from the last unemployment benefit entitlement, the allowance is paid to these employees provided that they do not exceed the short time working period.

Accordingly, if all employees who work in the workplace for which short time employment application has not received the premiums paid 450 days after their last unemployment benefit entitlement, they will be able to receive allowance from the part they do not exceed the short working period. Since the regulation of the law on this issue does not contain any restrictions on the status of the employee, even retired employees can benefit from this right under certain conditions if unemployment benefits are left before retirement.

7. Can retired employees be benefit from short time working allowance?

Retirees cannot benefit from short time working allowance. Since there is no unemployment insurance for retired employees, retired employees cannot benefit from the short time working allowance related to the premium payment requirement will not be realized. However, pensioners whose residual unemployment benefits remained before retirement may receive short time working allowance, which is limited to a short time working period. This right is a right arising from unemployment insurance premiums paid before retirement.

However, for retirees to benefit from this right, they must retire within a maximum of 16 months retrospectively. Because in order to benefit from the most recent unpaid unemployment benefit, there must be 600 days of premium payment days in the last 3 years. The number of premium payment days of 600 days can be reached in 20 months, without interruption. Since the last 3-year period has 36 months, retirement becomes an imperative in the remaining 16 months with a 20-month drop. If there is a retirement date exceeding 16 months, it would be impossible to reach 600 premium payment days in the last 3 years.

8. How to apply?

According to this law is running as a service agreement subject to the employer as insured persons, the short-run demand, immediately notified to the grounds together with the Turkish Employment Agency. If there is a collective labor agreement, the party informs the union with a letter.

Application can be possible through the electronic media. Electronic application was made compulsory in this period for compelling reason based on dangerous epidemic.

The employer has to do the followings in the written application;

– To state the effects of general economic, sectoral or regional crisis and compelling reasons on the workplace and what the compelling reason is

– To specify the title of the workplace, its address, the labor union, if any, of the collective labor agreement, the workplace İŞKUR (“the Turkish Employment Agency”) number and the social security workplace registration number

– To deliver the list containing information about the employees to be done in a format prepared in the format determined by the institution in the magnetic and written environment to the institution unit

9. Are the terms employee based or workplace based?

The application is made on a workplace basis. However, the conditions are considered separately for each employee. Determination of the conditions is not workplace based. In the same workplace, those whose conditions are suitable can also appear, and those that are not suitable appear. Those who are eligible receive allowance, those who are not eligible cannot receive allowance.

10. How is the employer’s request evaluated by the institution?

The application made by the employer is evaluated by the institution. Since the applications to be made due to the corona virus are not necessitating the decision of the Board of Directors of the Institution, the Board of Directors of the Institution will not take any decision regarding these applications.

After employers applied for short-time working allowance, İŞKUR (The Employment Agency) conducts a conformity check and after determining the conformity, it is decided to fastening short-time working allowance. However, facilitating arrangements were introduced in the applications regarding short-time working allowance due to the Covid-19 epidemic, both because the need was urgent and the compliance determinations would take time. According to this; short time working allowance will be made in accordance with the employer’s declaration without waiting for the completion of the determination of conformity after the short-time work allowance application made by employers for Covid-19.

Regarding this issue, the phrase “excluding the eligibility determinations” has been added to the regulation of the Institution to decide on employer applications within 60 days.

Thus, the regulation that could prevent the Institution from making an appropriation decision without waiting for the eligibility determination was changed. Surely, making short time working payments does not mean that eligibility determinations will not be made. If it is determined that the employer has provided incorrect information and documents as a result of the eligibility determinations to be completed later, over or undue payments will be collected from the employers with statutory interest.

This facilitation regulation will be deemed effective from 29 February 2020. Accordingly, all short time working allowance applications made from February 29 will be decided on the basis of the employer’s declaration.

11. Is it possible to change the employees list and working times presented to the institution?

As a rule, after the eligibility determination is completed as a result of the examination by the labor inspectors, employer requests for changing the list of employees to be short time worked and / or increasing the short time working time applied at the workplace are considered as new applications. In addition, in cases where the allowance is made based on the employer declaration specific to the Covid-19, without waiting for eligibility determinations change requests are considered as a new application.

However, the point to be considered here is that requests for increasing the number of employees or changing the working time are accepted as new applications. On the other hand, it is sufficient to notify changes to the number of employees only to the Institution. This issue cannot be considered as new demand. Meaning of change requests accepted as new demand, both the re-entry of the 60-day review period and the assessment of the issues related to appropriation according to the new statements of the employer.

12. When does the allowance begin and how much is the amount of the allowance?

In case of short-time working for compelling reasons, short work allowance payments will start after one week half-wage period stipulated in Article24/III of the Labor Law and Article40 of the same law. Therefore, employers should pay attention to the fact that, in their requests for the start date of the allowance, this date is the date following the week in which half-payment was made.

Daily short-time working allowance; It is 60% of the daily average gross earnings calculated by taking into consideration the insured’s earnings for the last twelve months premium.

Limit: A limit was brought to the allowance as required by law. Amount of short-time working allowance calculated according to the above paragraph, the amount of short-time working allowance calculated in this way cannot exceed 150% of the gross minimum wage.

Only stamp duty is deducted from the payments.

13. Is it possible to employers use the right to dismissal/cancellation of labor contract during the short time working allowance?

In one of the legal amendments made in the context of the Covid-19 pandemic has been a clear regulation. In terms of short time working to be applied for this period; except for Article25/II of the The Labor Law, if the employer lays down any employee at the workplace where the application is made for short-time working allowance; if the transaction is on the application stage, its application is rejected or if the allowance is paid, it is withdrawn from the employer with interest.In other words, it is not possible to terminate the employment contract except for the ethical and goodwill rules of the employer during the short time working period. With this regulation, not to terminate; except for Article25/II of the The Labor Law, has become a condition of allowance.

The employer’s against of this practice is considered within the scope of giving incorrect information and documents to the Institution and the employer is under an obligation to return the paid allowances with interest at that workplace. If this rule is against even for a single employee, the whole workplace will be affected. However, if the employer has other workplaces, other workplaces will not be affected.

The legal regulation is that the employer does not dismissal employees. This means that the employer cannot terminate due to other justified and valid reasons except for the provisions of the The Labor Law 25/II. For example, the termination based on compelling reason cannot be made during the short time working period. Likewise, a termination based on the employee’s misdemeanour and inadequacy behavior cannot be made. Also termination based on operational requirements cannot be made. In addition, the employer’s termination cannot be made upon the request of the employee.

However; due to the termination of the employee, the termination of the working relationship with the employee and the employer (mutual rescission agreement) and the transfer of the employment contract, the entry of the employee from one employer and the entry of the SSI (social security institution) to another employer cannot be evaluated within this scope. Also, it is not in this scope to carry out employment process (SSI entry ”“ exit process) due to transfers.

Finally, if fixed term contracts terminate spontaneously due to expiration, this is not counted as the employer’s dismissal. However, if the employer is terminated prematurely, this would be breach of the “dismissal/cancellation of labor contract” requirement. This approach is also valid for maximum indefinite permanent employment contracts.

14. Can paid leave with short time working period be intertwined?

Paid/unpaid leaves, annual leaves, and excuse leaves are valid until the date on which the institution pays the allowance. After the institution has paid the allowance, it is can not be possible to apply a permit. Because short time working period and paid leave period can not be intertwined. The important thing is this situtation on the date on which the short time working allowance starts and the duration of the allowance. It is possible to use all kinds of paid leave, including annual leave, until the date of payment. However, if leave periods have been used after the start of the allowance, the leave periods are canceled. Because short-time working allowance is a support payment based on partial or complete suspension of the working relationship, either due to a partial or complete cessation of work or a significantly reduced weekly working time.

The short-time working allowance is not wage quality. It is a social payment intended to cover at least a part of the wages deprived of the obligation to suspend the working relationship. At the same time, this is due to partial or full suspension law. In the case of such a suspension, it is not possible to use any paid leave. Therefore, it would be a fair and correct solution to accept that there is a postponement in the short time working period in terms of all the paid leaves the employee deserves, primarily the annual leave.

15. Does the employee have the right to terminate in the short time working period?

Due to the Covid-19 case, the short time working should be evaluated on a compelling reaosons in cases where the the workplace activities are ceased completely because of the compelling reason. In other words, the employee has right to terminate the employment contract as a compelling reason immediately after the employee has applied a weekly half salary.

The right of termination of the employee based on compelling reason is due to the unpaid wages. If the employment contract is suspended, the employee’s right to terminate is canceled if a payment (additional payment in the form of additional payment or full payment) is made by the employer for the wages the employee is deprived of. In the event of such termination, it would be either unfair termination or abuse of right of termination. In other words, such a termination by the emplyoee becomes invalid.

The termination period of the employee for the right reason is six (6) working days from the date of the reason. After the employment contract has been suspended for more than a week, the employee is entitled to termination every day. For this reason, the right of termination of the employee continues until the end of the 6th working day following the end of the termination of the employment contract. The employee also has this right to termination during the short-time working allowance. However, as of the date of termination of the employment contract, short-time working allowance is deducted. The employee benefits from unemployment benefits if the conditions are complete.

According to another view on this matter, the employer’s right of termination based on a compelling reason should also be suspended, since all termination rights of the employer (except for termination as per Article25/II of the Labor Law) are suspended during the short time working period. In this context, the right of termination based on compelling reason due to the employee not being able to go to work for more than a week due to the cessation of the work cannot be used during the short time working period.

16. Who can benefit from the short time working allowance in the company?

Employees of all levels who are under the effect of a compelling reason and who have time conditions can benefit from the short-time working allowance. In other words, everyone in the workplace, from the general manager to the field employee has the right to benefit from the short-time working allowance if conditions arise.

17. Is there a different application ın terms of expatriate in short time working allowance?

It does not matter whether employees in the workplace are citizens or foreigners based on work permits to benefit from short work. In other words, foreign employees who have a work permit are not subject to a separate application. If these employees provide the conditions, they can benefit from short-time working allowance.

18. Can those who are on maternity leave or unpaid leave benefit from a short time working allowance?

Employees who can benefit from short time working are those who work at the workplace as of the application date and are affected by the cessation of the work or its significant reduction.

Those who are on paid maternity leave are not included in the scope of short time working until their leave expires, as they will not lose an income and since they do not have active work in the workplace as of the application date. However, if the short time working period still continues after the maternity leave period has expired, an application for a short time working allowance can be made to the relevant Institution.

Employees who are in the period of unpaid leave for any reason may be included in the scope of short time working by terminating their unpaid leave, or if the short-time working period continues as of the date of unpaid leave, short-time working allowance can be applied to relevant Institution .

19. Can the difference between short time working allowance and employee’s salary be paid by the employer?

The short-time working allowance is in any case less than the wage of the employee. Even if the workplace activities are ceased completely, the daily short-time working allowance is 60% of the average daily gross earnings calculated with the employee’s premium based earnings of the last 12 months. The short-time working allowance cannot exceed 150% of the monthly gross minimum wage. As a result, the short-time working allowance will in any case be less than the monthly wage of the employee.

The process of paying the difference between the monthly wage of the employee and the short-time working allowance can be called “Completion Payment”. The main question here is whether the employer can pay completion to the employee. In order to answer this question correctly, it is necessary to correctly determine the quality of the completion payment. In the event of the workplace activity is ceased completely, the completion payment cannot be paid as a wage. In cases where the activity is ceased partially at the workplace, the equivalent of partial work is paid as a wage. However, if the partial working wage plus allowance amount does not reach the full wage, the remaining part cannot be paid as a wage. Because in technical terms, wages are the equivalent of working. Insurance premium is deducted proportionally to the duration worked on the fee. Therefore, there is a payment affecting the employee’s insured working time.

In case of completion payment as a wage by the employer in the short time working period, the insurance period considered to have been worked out even though it was not worked. This creates a situation that contradicts short work. Therefore, it is necessary to conclude that the employer can make a payment to complete the short-time working allowance, but cannot pay it. The quality of this payment is not wages, it is social support. Therefore, if the payroll cannot be issued within the month of the payment due to the suspension, a payroll cannot be issued based on this payment. This payment is considered as a prepayment. However, this prepayment will not be a wage advance. In the first payroll to be issued related to the employee, the incidental payment is shown as an additional payment and it is taken into account in the insurance premium base. However, it does not affect the number of insured days. Therefore, it is possible to make a completion payment that is not equivalent to a work. However, it is not possible to do this as a wage. Therefore, it should be accepted that paying the completion payment as a social support is not an illegal or fraudulent way.

In addition, social support payments can be made with the same approach for employees who are not within the scope of short time working but who are also unable to work due to work stoppages or who work partially. In other words, it is possible for the employer to provide these employees with a full social support payment. However, such payments will not be a wage since there is no working provision. In the next payroll transaction, the incidental may be shown as incidental additional payment.

On the other hand, Turkish Employment Agency (“İŞKUR”) cannot evaluate whether or not to give a short-time working allowance according to the completion or full payments of the employer as a social support. Because the employer’s difficulty in payment is not a condition for short time work. The employer’s payment difficulty is a condition for the wages guarantee fund. Therefore, it is possible for an employer to apply for short time workinga  and provide additional benefits to the employees. It cannot be claimed that the conditions of the short time working have been violated because it provides these benefits.

As a result, the employer’s payment of completion in short time working does not have a negative effect on short time working. For example; it does not create any negative effects that will eliminate the conditions for the short-time working allowance and cause the repayment from the employer.

20. Can the notification be made in the following month of the completion payment?

For the payroll of the completion payment, the first payroll following the date of payment is shown as an additional payment. However, according to the SSI’s (social security institution) approach, it has become possible to notify the Institutiona  regarding this payment in the month following the month of payment. Accordingly, if there is no work in the month of completion payment, the SSI notification to be given in the following month can be made as “number of days with zero premium”, “zero wage earnings”. If there is a reduced working period within the month of completion payment, SSI notification is made over the number of working days. The completion payment will also be reported in addition to the amounts paid for the work.

The cash payments given by the employer as an aid to the employee will be processed in the “Premium, Bonus and Allowance in this Qualification” column of the premium earnings section of the monthly premium service document and premium service certificate.

21. Can employees who cannot benefit from short-time working allowance be paid?

It is equitable to develop an approach for all employees who are not within the scope of short-time working or who do not request short-time working allowance. The basic approach should be to not drop anyone into income poverty as much as possible. Accordingly, the amount of the payment to those who do not provide the conditions for short-time working allowance should be at least as much as the completion payment to those who fulfill the conditions. This can be considered as a base pay.

On the other hand, the employer can make a full payment for the employees who are excluded from the scope of the short time working practice in return for their wages. However, when employees are not working during this periods the payment to be made to these employees could not be be accepted in technicaly as salarys. Therefore, these payments must be made in the form of “prepayment”. In addition, the first payroll to be issued when the work is resumed must be shown as incidental additional payment.

22. What is the content of additional payments?

The completion payments and full payments to employees during the short time working period are not defined as wage due to the fact that employees are not working actively. These payments are an additional payment within the scope of “social support”. It should be shown as social support in payrolls. However, employees should be informed that these additional payments are specific to this period and are not part of their salary. This issue should be recorded. This notification can be made via e-mail and electronic communication tools.

23. Is there an effect principle of equal treatment in short time working practice?

It should be against the Law No. 5510 to make a wage payment without work during the short time working period. The quality of these payment is not wages, it is social support. If the employer applies for a short time working allowance for some employees in a workplace where the work is ceased completely and pays social support for some employees in the amount of their wages, it can cause legal problems.

Firstly, the short time working allowance is not a grant made by the state. It is the payment of some part of the allowance that the employee deserves before becoming unemployed. This means that if the employee becomes unemployed after obtaining the short-time working allowance without re-fulfilling the conditions for full allowance, the employee will receive the remaining amount as unemployment benefit after the short-time working allowance is deducted. In other words, unemployment benefits will occur.

Due to this legal situation, some of the employer’s employees will benefit from the allowance they will lead to a possible to get missing unemployment benefit in the future and some employees will excluded to protect their payments. Making a choice to wage differences, if there is no reason to justify distinction, contradiction to against of equal transaction debt can be acceptable. Also, there is no rational reason for the employer to make a distinction. If a distinction is to be made, it must be based on an acceptable reason.

If the employer makes such a distinction and does not make completion payments to employees who receive short time working allowance, this may be considered as a second cause of arbitrary discrimination. There is also a need for justification to justify the distinction.

24. Should employee consent be taken for short time working? Should employees be notified? When should it done?

There is no rule regarding obtaining consent from the employee to apply for a short time working allowance in the law and regulation. After the institution’s determination of the compliance process for short time working, the employer announces the situation in the workplace and makes a written notification to the employees who are subject to short time working when the announcement is not possible. Therefore, there is no need for any deed of consent or announcement or notice before the application. After the determination of the compliance process, employees subject to short time working can be notified by e-mail or electronic media messages. However, even if there is no special legal requirement, an advance notification can be made to the employees that they have applied for a short time working allowance because of the disclosure requirement of the employer and according to the right of the employee to obtain information. It is possible to make this notification via e-mail or electronic media messages.”

25. If there is a organized labour union in the workplace, should we inform about short time working?

When applying for a short-time working allowance, the union must also be notified in writing. In the event that the employer decides to start normal activity before the announced period, the employer must notify the employee, the Institiuon and labour union in writing six working days ago. The short time working ends with the date specified in the notifiction. Although the employer is not legally required, for a correct industrial relations, if there is a labour union in the workplace, it would be appropriate to manege the short time working processes in communication with the labour union.

26. During the short time working allowance, while general health insurance is continuing, can life and private health insurance be continued?

The Institution also pays the general health insurance premiums for employees who recive the allowance during the short time working allowance. The employer can maintain life and private health insurance within a short time working period. There is not any legal impediment to do this. If yearly policies do not require suspension for compelling reasons, ıt is normal for these insurances to continue. The employer can suspend these payments for compelling reasons if there are policies whose premiums are paid monthly. However, this can cause social problems. For this reason, it is not recommended.

27. Can the rights arising from the collective labor agreement where the collective labor agreement ıs valid, be paid during the short time working allowance?

Short time working allowance is a payment made on the basis ofa  income dependent on social security contribution. The purpose of this payment is to compensate for the loss of income resulting from a partial or complate absence from the basic wage. Fort his reason, all rights arising from a personal employment agreement or collective labor agreement or workplace practice other than the basic wages must also be paid during the short time working. Payments that depend only on actual work are not paid at al lif the Works stops ora re paid in proportion to the duration of the work if the work decreases.

28. Should other benefits related to wage be paid during the short time working allowance?

Likewise, all benefits, other than the basic wage, must be paid during the short period of work. Payments that depend solely on actual work are never made if the work stops or if the work is reduced, it is paid in proportion to the working time.

29. Is it possible for the employee to work another job at work in distance and short time working period?

While the working relationship is continuing (whether suspended or active), the employee’s other work is subject to the law between the employer and the employee. But working in workplaces or works where social contact will be intense is risky. If the employer permits such work, the responsibility for Occupational Health and Safety continues. As a rule, in such cases, “non-contact” work may be allowed, taking into account the social dimension of the work.

The benefit of the employee’s short time working allowance is on the application of the employer but relates to the workplace and the work done by the employee in that workplace. However, working with the insured in another job during this period eliminates these requirements and cuts the allowance. However, in terms of those who do not receive short work allowance, there is no impediment to a second insured job while the suspension state continues.

In summary, during a short period of work, working elsewhere with insurance terminates the short term work allowance. However, there is no legal obstacle to work elsewhere if there is in work distance and underemployment and the person does not benefit from short work.a  However, if the terms of the contract between the employee and the employer have restricted the workplace domestic law on this issue, the employee can do this work with the approval of the employer.

30. Does the short time working period count from the employee’s term of service or annual leave?

Only 15 days of the period suspended for compelling reasons are legally considered to be the period of employment and is taken into account in terms of the period to for annual leave. This situation, which is valid in terms of annual leave, is also applied in terms of severance pay periods.. While this is the legal case, there is no obstacle for employers to take into account suspended periods of more than 15 days in terms of both annual leave and severance pay. Practice in favor of the employee can always done.

31. What can be need to know more?

– The payment of general health insurance premiums and provision of health services for those who benefit from short time working allowance will be carried out within the framework of the principles set out in Law No. 5510.

– Payments made as short time working allowance are deducted from the period of unemployment benefits that the employee is entitled to.

– Overpayments due to the employer giving incorrect information and documents are collected from the employer along with legal interest. However, if the employee has a defect, overpayments are collected from the employee with interest.

– The short time working allowance is paid to the employee on a monthly basis for a maximum of three months and to complete the weekly work period applied at the workplace.

– General health insurance premiums are paid to employees during the short time working allowance period.

– Premiums for other short time insurance (occupational accident, occupational disease and unemployment insurance) and premiums for long term insurance (retirement-death-disability) are not paid.

-In the case of those who receive short work allowances, entering into work, starting to receive old age pension, being taken under arms for any reason, leaving work due to work assignment arising from any law or in case of temporary incapacity benefit, the short time working allowance is cut as of the date of the health report which is subject to temporary incapacity benefit.

– The employer who does the short time working has to keep records of the working time of the employees and, if requested submit them.

– If the employer decides to start his normal activity before the announced period, he must inform the agency, if any, the part of the collective labor agreement (if any, the Employees Union and the employees) in writing six working days before. The short work ends as of the date specified in the notice. In the case of late notification, unfounded payments, overpayments are collected from the employer with legal interest, and overpayments arising from the fault of the employee are collected from the employee with legal interest.

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