The difference between downtime and suspension of an employment contract

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Idle time and suspension of an employment contract are two different legal mechanisms for responding to changed circumstances in an employment relationship:

1. Downtime:

  • Causes: Technical or organizational problems, force majeure.
  • Duration: There is no clearly defined duration.
  • Initiative: Initiated only by the employer.
  • Payment: Not less than two-thirds of the rate.
  • Transfer: Transfer to another job is possible with the employee's consent.
  • Length of service: The period of inactivity is included in the insurance period.

2. Suspension of an employment contract:

  • Reasons: Military actions that prevent the provision of work and its performance.
  • Duration: Only for the period of martial law.
  • Initiative: Can be initiated by either the employer or the employee.
  • Remuneration: No salary is paid.
  • Transfer: Transferring an employee to another job is not allowed.
  • Crediting of length of service: The period of suspension is not included in the insurance period.

Recommendations for selection:

  • Suspension of an employment agreement is optimal when the employer and employee cannot fulfill their duties due to military operations.
  • Downtime is best used in cases of temporary disruptions that are not related to long-term obstacles, such as martial law.

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