For workers who are absent due to downtime in 2021, the subsidy will be 100% of the wage calculated for the downtime when the worker was absent for the whole month, up to a maximum of 1.5 MMA – €963. For a worker who has been idle for the whole month, the amount of the subsidy must be at least the new MMA of €642, regardless of the fact that the wage in the employment contract before the quarantine was declared (7.11.2020) was lower. There is an end date for the downtime subsidy: it will be paid until the end of the quarantine and for one month afterwards.
The changes to the Employment Act will apply to subsidy payments for the period from 2021-01-01:
– 100% of the wage calculated for the downtime, up to a maximum of 1.5 MMA (EUR 963) when the worker is absent for the whole month due to the downtime (Art.41(2-1) of the EA);
– the amount of the subsidy for a full month’s work cannot be lower than the MMA applicable in 2021, as approved by the LRG (Art.5(3) of the Law on the Amendment of the EA);
– The provision of Article 41(2-1) of the Labour Code that the wage calculated for an employee may not be higher than the wage fixed in his/her employment contract prior to the date of the declaration of the quarantine shall not apply if the increase in wages is due to the increase in the MMA as from 1 January 2021 (Article 5(4) of the Law on the Amendment of the Labour Code);
– the payment will last until the quarantine is lifted and for one month after the quarantine is lifted (Article 42(3)(6) of the EA);
– if the labour inspectorate finds that the worker was employed during the downtime, not only will the full subsidy for the worker have to be repaid, but the enterprise will also be excluded from participating in measures to subsidise supported employment, subsidise job creation/adaptation and local employment initiatives for the next 12 months (Art. 41(4-2) of the EA).
The Employment Service has approved new forms that will be required to apply for subsidies for the period from 2021-01-01: the proposal for payment of the subsidy and the application for payment of the subsidy to employees.
Date of entry into force: 2021-01-01
