Gave money for downtime and then took it away – Employee does not hide anger, employer has nothing to pay

Ineta, who started her career in cosmetics in Kaunas, applied to Delfi (her real name and surname are known to the editorial board). You are convinced that the Employment Service is misleading employers by first awarding downtime allowances and then demanding reimbursement, if the employer had known in advance, fired you or sent you on unpaid leave, and now you would have to pay when the debt hit.

“I participate in a course organized by the Employment Service. Under the contract with the OCTs, I had to enter into a tripartite contract with the employer to receive funding from the OCTs. I found an employer, we signed a tripartite agreement. I started my studies on October 5 and finished on December 7. My employer hired me on December 10, “says Ineta in her letter.

The dates are important here: the girl was already officially employed after the quarantine was announced in the country (November 7). But at that time, beauty salons and other businesses could still operate. And the tripartite training contract was concluded before the quarantine.

“I hired myself at a beauty salon to work as a beautician. After 5 days, the quarantine was tightened. The salon informed OCT that all employees were being sent to downtime because we were prohibited from working. After a while, the employer received information that he would also receive an allowance for me, because we are in downtime, ”the girl continues.

He assures Delfi that he was very happy then, because he was not clear about his future. If the OCTs had not provided the allowance, she probably would have sent her on leave without pay or she would have been fired by the employer.

“The room was locked with four keys and it was locked. The director informed me that you also received a downtime allowance, they pay you, even though you arrived later; Furthermore, we did not know what to do with you or send you leave without pay. But everything is already paid for by the PTU ”, recalls the beautician.

This year, on February 14, Ineta went back to work and thought it was all over. However, the Employment Service demanded a refund.

“For three months, the OCTs reimbursed me and provided me with a subsidy. And on May 4, my employer received information that I had to return the full subsidy of my salary because I am already employed after the start of the quarantine. We tried to explain: after all, my employer cannot fire me or spend my leave without informing me. He must hire me because of a tripartite agreement that I have previously entered into. The OCT says it just doesn’t matter, here’s your problem, you have to return it, “says the girl.

Now she regrets causing problems to the beauty salon, as she needs to be reimbursed € 1,200 for her salary of almost three months.

“My employer has not slept all night, they say, we already have a great debt, they say, you have done us so much damage.” If we had known that he was not receiving a subsidy, we would have decided otherwise if we would fire him, take a business license or otherwise. And I was just sitting at home, the UTT told me that I was paying for the downtime, and after a while they told me that you would return everything, ”the girl complained.

If the OCT error is not understood: “I was not informed that I do not own the subsidy. I felt like it was done in such a specific way that I just wouldn’t forgive myself. Because as long as the employer is happy to be paid my salary, there is no need to fire me or send me on leave, nothing. And only then does the information appear that the money must be returned. The employer’s hands are tied by a tripartite contract, he had to hire me, they don’t pay attention to him, ”said Ineta.

She assures that, shocked, she has repeatedly resorted to OCT. The girl is convinced that the beginning of her work should be considered the date of conclusion of the tripartite contract, which was before the quarantine; after all, the employer promised to hire her. Also, if only the employer had known, they would have made other decisions and would not have suffered any harm.

Now Ineta and her employer refuse to pay the aforementioned amount of 1,200 euros, but have received a warning from the PTU that interest will be charged.

“Not a single person who was recruited through the OCTs when the quarantine began was not eligible for the subsidy and now their employers can receive a letter. Tripartite agreements are the same for everyone: a course participant must be hired by an employer within 15 days and cannot be fired for no reason, ”says the girl.

The OCT website confirms that the tripartite agreement stipulates that the OCT will finance the vocational training, the prospective employer will hire after the training according to the qualification or competence acquired over a period of at least 6 months, and the training participant professional will be employed by the intended employer. 6 months.

OCT: those recruited after the start of the quarantine are not eligible for the subsidy, here is a mistake

The Employment Service admits its mistake.

“In this case, our employee underestimated the documents submitted by the employer and awarded a downtime allowance without legal basis, because the person was employed after the date of the quarantine announcement. The main reasons for this are the high volume of downtime allowances and the human factor. Throughout the entire pandemic period beginning March 16, 2020. There were isolated instances of incorrect assessment of the circumstances in which the grant was awarded. Each situation is analyzed and considered to avoid its repetition. We thank the employers for their cooperation and understanding, ”says Jurgita Bražinskienė, Director of the Vilnius KAD Employment Service.

The OCTs assessed the situation presented by Delfi and pointed out that the performance of a tripartite contract for hiring a person after vocational training and the subsidy to the employer for downtime are two unrelated issues.

“By employing a person for a specified period of time, the employer voluntarily assumed an obligation under a tripartite agreement. If, for objective or important reasons, he could not do so, he could apply to the Employment Service, which would consider extending the term “, explains the comment.

After all, the downtime allowance paid during a pandemic is a separate relief measure, the conditions of which are set by the Employment Law for claimant employers. One of them is that the workers for whom the downtime allowance is requested must be hired before the publication date of the quarantine, that is, 2020. 7 November

“In this case, the downtime allowance was granted and paid without legal basis because the person was employed after the quarantine date, so the employer is asked to return it,” explains the PTU.

The OCT number is named: the service staff had to estimate more than 21 thousand in January alone. Employer applications and other mandatory documents for almost 133 thousand. employee downtime, in February – 17,7 thousand. applications from employers for 94 thousand. workers. In March, almost 11 thousand applications from employers for 57 thousand. workers.

Ministry: It is necessary to evaluate the circumstances when recruiting through quarantine

The Ministry of Social Security and Labor, familiar with the situation, considers that state resources should be used purposefully and efficiently, and state support should be provided only when necessary and only for as long as necessary.

“The downtime allowance can be paid from the beginning of the year as long as the emergency and quarantine continues and the worker is declared downtime and for another month after the end of the quarantine. To help pandemic-affected businesses save their jobs, a downtime allowance is provided for workers hired prior to the quarantine date, ”the commenter said.

According to the Ministry, during the quarantine, the observance of the principles of honesty and cooperation of the parties in labor relations and the increased risk to the employer are especially important.

“When employing a worker during quarantine, the employer should have assessed the circumstances surrounding the emergency or quarantine that could limit the workers’ ability to perform their tasks and take responsibility for ensuring that the worker has a contract and is I pay you, instead of declaring downtime, ”the comment says.

According to the Employment Service, during the entire pandemic period starting on March 16, 2020, only isolated instances of incorrect assessment of the grant circumstances were recorded. Each situation is analyzed and ways are sought to avoid a recurrence, says the ministry.

State aid is promised to “provide targeted and effective assistance to companies affected by emergencies and quarantine to save jobs.”

“It is not planned to change the provisions of the Employment Law that the downtime allowance is given to employees employed before the quarantine date,” the ministry writes.