Open-plan offices, break rooms, or the commute to work: these are all places where you could potentially contract the coronavirus. To reduce this risk, lawmakers have decided that employers must once again offer their employees the option to work from home. The corresponding regulation is contained in the new Section 28b of the Infection Protection Act and is effective immediately through March 19, 2022.
Here’s a breakdown of the key points:
What are the rules now?
The legislature requires employers to assess whether working from home is possible. If so, they must offer this option to employees—unless there are “compelling operational reasons” against it (see below). The goal is for as many tasks as possible that can generally be performed from home to actually be performed from home.
What counts as a “compelling reason” against working from home?
Excluded are tasks that cannot be shifted to remote work for “compelling operational reasons.” The Ministry of Labor cites repair and maintenance tasks (such as those in the IT department) or office duties—including the distribution of mail or the processing of goods deliveries—as examples. It is possible for employees to come to the workplace on specific days to perform these essential tasks. This could mean, for example, that mail is collected, sorted one day a week, and then sent to employees’ homes.
In some cases, specific requirements related to workplace data protection and the protection of trade secrets may also preclude the performance of certain tasks while working from home.
Do I have to accept the work-from-home offer?
In principle, yes. The Infection Protection Act states explicitly: “Employees must accept this offer unless there are reasons on their part that preclude it.” The legislative rationale cites cramped living quarters, disturbances by third parties, or inadequate equipment. Employees can inform their employer of these reasons informally, for example, by email.
What if I lack the technical equipment needed for working from home?
A lack of IT equipment or necessary changes to work organization are only temporary obstacles—namely, until these circumstances are resolved. The employer is then required to create the necessary conditions. Upon request by the authorities, companies must demonstrate these compelling operational reasons.
What should I do if my employer refuses to allow me to work from home?
In this case, employees should first contact their works council. Employees also have the right to file a complaint if health and safety protections are lacking. If the employer does not respond, employees can contact their relevant workers’ compensation association or the respective state occupational safety and health authority.
Who enforces the new rules?
The state occupational safety and health authorities are primarily responsible for enforcement. The workers’ compensation associations also provide advice on all occupational safety and health issues related to working from home.
How should a home office workspace be set up?
Even when working from home, it’s important to set up your workspace ergonomically and to take breaks and rest periods. You can find a guide on this topic here. The German Workers’ Compensation Insurance Association (DGUV) has developed a checklist for assessing the workspace that serves as a useful guide for both employers and employees.
Questions and Answers on the New Occupational Safety and Health Regulation
Questions and Answers on Remote Work
Ergonomics in the Home Office
“Working from Home Must Be Fair” Initiative
