Redundancy Mitigation Furlough Agreement
The calendar does not address the issue of annual leave and continuity of service to employees. I`m on Furlough, but today my employer told me I would be fired, so I have to take 12 weeks of redundancy and leave pay, but he said I had to take 10 weeks of preliminary work and two weeks off is allowed to do so, he took my vacation pay in the notice I`ve worked there for thirteen years. You can only count on Furlough if coronavirus (COVID-19) affects your functioning. Unfortunately, the third Treasury Direction still screwed up the water. Section 2.2 of the calendar (applicable to fees for periods before and after July 1, 2020) now states that “the objective of the CJRS is that the amounts paid to an employer under a CJRS right be used by the employer to continue the employment of workers who are the subject of a CJRS application whose professional activity has been affected by coronavirus and coronavirus diseases , or measures taken to prevent or limit their subsequent transfer.” Measures to prevent or limit transmission are likely government guidelines on social protection and remoteness, as well as school and daycare closures, which appear to confirm that Furlough can be used for clinically extremely vulnerable or vulnerable workers or parents who cannot work from home. However, these workers, as well as others, must be required to call on the employer to “continue the employment” of the workers concerned. This was argued by some commentators that the subsidies cannot be used if the employer had not dismissed the person or if the employer intended or dismissed the worker at the end of his furlough, on the grounds that the objective was to “continue the job” more generally and at least beyond the period. If the latter is true, it would appear that this would also exclude the rights of dismissed workers for other reasons, including resignation. If an employer were to base severance pay on a worker`s furry pay, there are certainly risks associated with this approach.
Workers could file a complaint or claim a wage deduction or an illegal breach of contract in the labour court. If it turns out that the employer has been underpaid, they must pay all the arrears to the employee. Workers could try to challenge the dismissal and try to assert an unjustified right to dismissal. There is no definition of “special circumstances,” but an imminent insolvency situation is not enough. The case law also points out that it is difficult to rely on this defence to justify a total failure to consult, except in the most extreme circumstances. If a company has the cash to keep it in business and makes redundancies to remain profitable (or make a smaller loss), it is convenient to be consulted, even if it can be expensive – the board is considered a “business cost”.”