Remote work from home can work—as many people’s experiences over the past few months have shown. Employers’ concerns that employees are less productive at home have not been confirmed. Employees’ opinions, however, vary: For some, remote work is a recipe for success because it allows them to better balance family and career. Others want to keep work as separate as possible from their home life.
Remote work can help with work-life balance
Remote work can provide employees with greater autonomy—but it must not lead to longer working hours, increased pressure to perform, greater stress, or worsening working conditions.
The fact is: COVID-19 will have a lasting impact on the workplace. According to the Ifo Institute, 54 percent of all German companies plan to expand remote work and mobile work in the future. This raises many questions for employees: Do I have the right to work from home? Am I covered by workers’ compensation while working remotely? Can I be required to work from home? We provide answers to these questions.
What is mobile work?
Whether on a train or at home at the kitchen table—mobile work can take many forms. The key is that the work is location-independent and that the decision to do so is made on a voluntary basis. Unlike telework, which is defined in the Workplace Ordinance, mobile work does not require a permanently set up computer workstation.
The purpose of mobile work is to improve work-life balance and to allow for more flexible scheduling of working hours in line with both the employee’s own interests and those of the company. Mobile work encompasses all activities—whether occasional or regular—that take place outside the company’s premises. Mobile work is not limited to working with mobile devices such as computers.
Do I have the right to work from home?
There is currently no legal right to remote work in Germany. Federal Labor Minister Hubertus Heil (SPD) made a proposal to that effect last year, but it met with resistance from the CDU/CSU.
Collective bargaining agreements—for example, in the metal and electrical industries—already provide binding guidelines for company agreements on mobile work. A right to mobile work arises only once a voluntary company agreement on the matter has been concluded. In principle, such an agreement can also be concluded in companies not bound by collective bargaining agreements.
As a general rule, works councils, IG Metall, and, of course, the affected employees should be involved in the process of developing such collective agreements. This is because even if there is a right to work from home or engage in mobile work, it must be ensured that employees can choose to work remotely in addition to working on-site. If employees are also well-equipped with the necessary technology, if there are regulations regarding availability and the complete tracking of working hours, and if labor and data protection are reasonably regulated, remote work can be a forward-looking solution.
Does the employer cover the costs for internet, phone, and computer monitor?
For mobile work, the employer will generally provide the necessary technical equipment, such as a laptop and a cell phone. A certain level of equipment must also be guaranteed for employees working from home: whether it’s a chair, lighting, a phone and internet connection, a laptop or PC, as well as a printer and paper—all of this must be available in the home office and, in principle, for mobile work.
Which items the employer provides and which items from the employee’s personal possessions are used must be determined on a case-by-case basis between the two parties. However, the following applies: Personal items may only be used with the employee’s consent.
Employees may request a so-called expense allowance from the company to cover the costs of the living space provided, as well as the use of the telephone and internet. The legal basis for this request is found in Section 670 of the Federal Labor Code, which regulates the use of personal items for business purposes.
Occupational safety also plays a role here: A risk assessment in accordance with Sections 5 and 6 of the Occupational Safety and Health Act must also be ensured when working from home. This means that the employer is obligated to take all necessary measures to ensure the safety and health of employees even at home. When working from home, this can involve both technical equipment and training programs that teach employees how to use devices at home in a way that promotes good health. Works councils have significant influence in this area through their right to co-determination.
What happens if I have an accident while working remotely?
Since the Works Council Modernization Act took effect on June 17, 2021, accident protection for mobile work and working from home has been equated with accident protection at the workplace.
This means, for example, that trips from your home workspace to the bathroom or kitchen are covered. Taking children to or picking them up from childcare facilities (daycare, school) is also covered. However, accidents in the kitchen or bathroom are not covered—just as they are not covered at the workplace.
Can my employer force me to work exclusively from home?
Working from home can only be arranged with the employee’s consent, as the inviolability of the home is protected under the Basic Law. According to a 2018 ruling by the Berlin-Brandenburg Regional Labor Court, an employer is not authorized to require an employee to work from home against their will.
Exceptions are conceivable, but in practice they remain extremely rare and would only be permissible if the company otherwise faced serious economic damage, potentially leading to insolvency. However, even this exception does not apply if the affected employee can only work from home under exceptional strain or if the working conditions there are ergonomically unacceptable.
