Infektionsschutz, Entschädigung für Verdienstausfälle aufgrund von Tätigkeitsverboten

• §§ 28 ff. Gesetz zur Verhütung und Bekämpfung von Infektionskrankheiten beim Menschen (Infektionsschutzgesetz, IfSG) – Schutzmaßnahmen, Beobachtung, Quarantäne
• § 31 IfSG – Berufliches Tätigkeitsverbot
• §§ 34 IfSG – Gemeinschaftseinrichtungen / Gesundheitliche Anforderungen und Mitwirkungspflichten
• §§ 42 IfSG – Tätigkeits- und Beschäftigungsverbote
• § 56 ff. IfSG – Entschädigung
• § 19 Absatz 1 Ziffer 2 Buchstabe b Berufsbildungsgesetz (BBiG)
• § 616 Bürgerliches Gesetzbuch (BGB) – Vorübergehende Verhinderung

Compensation / reimbursement for loss of earnings due to a ban on activities according to § 56 Infection Protection Act (IfSG)

If you are subject to or subjected to a ban on activities due to the Infection Protection Act (IfSG) and suffer a loss of earnings, you can receive compensation on application.

Notice: A quarantine due to Covid-19 is not a ban on activity! For compensation due to quarantine, a separate online application is available on Amt24 (see -> Further information).

To whom does a ban on activities apply?

According to the Infection Protection Act (IfSG), there is a legal ban on activities for

• Persons who come into contact with foodstuffs when producing, treating or placing them on the market, or who work in kitchens of restaurants and communal catering facilities, if they
  • suffer from certain infectious diseases (e.g. salmonellosis), infected wounds or similar, or are excretors;
  • Persons employed in communal facilities for children and adolescents, if they suffer from certain infectious diseases or
  • Are excretors;
• Persons employed in community facilities for children and adolescents who are suffering from certain
  • suffer from certain infectious diseases or are
  • Are excretors.

In addition, the health authorities are entitled to prohibit sick persons, persons suspected of having the disease, persons suspected of being infected and excretors from certain occupational activities, insofar as this is necessary to prevent the spread of infectious diseases.

How much compensation is paid?

• 1. up to 6th week: amount of loss of earnings
• from the 7th week: 67% of the loss of earnings, for a full month a maximum amount of EUR 2,016

for employees (copy of each):

• Notice of prohibition of activity or doctor's certificate
• Wage or salary statement for the relevant calendar month(s) and for the last 3 months prior to the issue of the ban on activities

if applicable:

• Certificate of incapacity for work (sickness certificate)
• day-by-day statement of the short-time worker's share

for self-employed persons (copy of each):

• Notification of the ban on activity or doctor's certificate
• Certificate from the tax office stating the amount of the last income from work verified with the tax office. If such a certificate is not available, a business evaluation or a tax projection from the tax adviser for the calendar year in question must be obtained
• Receipts for social security expenses (health, long-term care and pension insurance)

if applicable:

• Certificate of incapacity for work (sickness certificate)

Loss of earnings due to an individual ban on activities according to § 31 Infection Protection Act (IfSG)

Important! Loss of earnings due to the closure of shops and establishments by the Saxon Corona Protection Ordinance or by general orders cannot be compensated according to § 56 Infection Protection Act.

Compensation cannot be paid

• for the period of sick leave
• for trainees who, through no fault of their own, are prevented from fulfilling their obligations arising from the vocational training relationship (pursuant to Section 19(1)(2)(b) BBiG)
• in the absence of a collective agreement: for a relatively insignificant period of prohibited activity (pursuant to section 616 BGB)
• if the ban could have been avoided by taking advantage of a vaccination or other specific prophylactic measure

none

Employee

If you are an employee, your employer will pay you for the loss of earnings in the event of a ban on activities in accordance with the Infection Protection Act for the first six weeks. From the seventh week onwards, you must submit an informal application to the competent body in addition to your employer's application.

Employer

Upon application, the competent body will reimburse you for the compensation paid to its employees to whom compensation is payable under section 56(1) (loss of earnings and pension contributions).

Note: Pursuant to section 57, paragraph 1, sentence 3 of the Infection Protection Act, the Land shall bear the employer's and employee's contributions to the statutory pension insurance scheme alone. The Saxony Regional Directorate pays the contributions with the reimbursement of the employer's expenses. Therefore, no deduction of the employer's contribution to the statutory pension insurance is made from the gross earnings of the employee.

Self-employed

If you are self-employed, apply directly to the Saxony Regional Office for compensation for loss of earnings and social security benefits (old-age provision, health and long-term care insurance).

Written application

You submit the application for compensation/reimbursement on the prescribed form to the Saxony Regional Directorate. You will also receive information there on specific questions regarding the application.

• Complete the application form and compile the supporting documents.
• Submit the application documents in full to the competent office.

Examination and payment

• Your application will be reviewed immediately and any missing documents will be requested.
• You will receive a written decision on the approval / rejection.
• Reimbursement will be made to the account specified by you.

Application: within 2 years after cessation of the prohibited activity

Objection (details on the procedure in the decision)