Inviting employees to work briefly during a temporary layoff
Your employer may invite you to come to work during your temporary layoff, regardless of the type of temporary layoff. This will briefly suspend your temporary layoff. If you work full days for your own employer during a full-time temporary layoff, you will be paid a full daily allowance for the temporary layoff days and no daily allowance for the working days.
If you are on a full-time temporary layoff or on shortened weekly working hours, your employer may also invite you to work part-time. In this case, your temporary layoff will be converted into shortened daily working hours, and your daily allowance will be adjusted. Depending on the type of layoff, wages paid and working hours are taken into account either at the time of the work or at the time of the salary payment.
Working for another employer during a temporary layoff
You are allowed to work for another employer during a temporary layoff. If you are on a full-time temporary layoff or on shortened weekly working hours, your full daily allowance will be converted into an adjusted daily allowance.
Example
You are temporarily laid off on shortened weekly working hours. You work a full day on Monday and are temporarily laid off for the rest of the week. You work a full day for another employer on Wednesday. You will be paid an adjusted allowance for all 5 weekdays in the week, taking into account your income from both employers for that week.
If during a temporary layoff you work for another employer full-time for more than 2 weeks, you will be paid a daily allowance until the beginning of such employment and again from the end of such employment.
Example
You are temporarily laid off full-time, and during the temporary layoff you work for another employer for a consecutive period of 3 weeks. You will be paid a full daily allowance until the start of the 3-week employment period and again after that period ends. No daily allowance will be paid for the duration of your other employment.
Working hours restrictions during a temporary layoff
You may be paid a daily allowance if your working hours do not exceed 80% of the working hours of a full-time employee in any 1 calendar week. Under unemployment security, the limit for full-time employment is defined as 80% of the maximum working hours for any given sector. If this limit is exceeded, no daily allowance is paid. With temporary layoffs, working hours are reviewed on a calendar week basis (Monday to Sunday).
If you exceed the aforementioned working hours limit in any given calendar week, this will not affect payment of your daily allowances in any other week; every week is considered separately.
Example
You have a full-time job at 40 hours per week. You are temporarily laid off on shortened weekly working hours so that from Monday to Thursday you work full days (8 hours per day) and on Friday you are fully temporarily laid off. Your working hours are thus 80% of the maximum (8 hours * 4 days / 40 hours * 100), so you can be paid a full daily allowance for the Friday.
Example
You have a full-time job at 40 hours per week. You are temporarily laid off on shortened weekly working hours so that from Monday to Thursday you work full days (8 hours per day) and on Friday you are fully temporarily laid off. During the week under review, you work 1 hour of overtime on Thursday, and your working hours for the week are 82.5% of the maximum [(8 hours * 4 days + 1 hour) / 40 hours * 100]. The working hours limit is exceeded, and you are not paid a daily allowance for the temporary layoff day on Friday.
If you work both for your own employer and for other employers during a temporary layoff, your combined working hours for all employees are considered for each calendar week.
Example
You are temporarily laid off on shortened weekly working hours so that you only work on Mondays. You also work for another employer. Full-time employment would mean 40 hours per week for your own employer and 37.5 hours per week for the other employer. You work a full day for your own employer on Monday and a full day for the other employer on Tuesday.
Working hours for own employer: 8 hours / 40 hours * 100 = 20%.
Working hours for other employer: 7.5 hours / 37.5 hours * 100 = 20%.
Your working hours for the calendar week under review are 20% + 20% = 40% of the maximum. You will be paid an adjusted allowance for all 5 weekdays in the week, taking into account your income from both employers for that week.
Example
You have a full-time job at 40 hours per week. You are laid off on shortened working days so that from Monday to Thursday you work for 6 hours a day and on Friday you are fully laid off. The daily allowance is adjusted according to the date of payment of the salary, and the working time is also examined in the calendar week in which the salary is paid. Each week, 80% of the working time of a FTE is 40 h * 80% = 32 h. The salary payment date is 17.3.2022 and the salary is paid for a total of 96 hours. Working time is compared to 96 hours paid, so the work hours are exceeded in the week 14. – 20.3.2022, and the daily allowance cannot be paid for this week.
Accrual of employment condition and calculating the daily allowance during temporary layoffs
The same rules apply to the accrual of the employment condition and the calculation of daily allowances regardless of whether you are temporarily laid off or completely unemployed.