Working from home: check your employment contract carefully

Working from home offers advantages for both sides: Employees benefit from more flexible working arrangements, while employers save on office space and therefore rental costs. But there are legal requirements to consider if you want to work from home. This article explains what these are and who can help if you are unsure.

Working within your own four walls

The term "home office" describes an overarching organizational approach to making work more flexible. Working from home (also known as "telecommuting" or "e-work") is usually done from home. You set up a workstation in your house or apartment and discuss the tasks and objectives of your work with your boss and colleagues by email or telephone.

Is there a right to work from home?

No, there is no legal entitlement to work from home in Germany. In principle, the employer decides whether working from home is possible. According to Section 106 of the German Trade, Commerce and Industry Regulation Act (GewO), they have the right to determine the place of work of their employees. Exception: The employment contract or works agreement contains clauses on the subject that you can invoke. In order to know your room for maneuver, you should have your employment contract checked - with us at favorable conditions.null

Can the boss order home office?

That is not possible either. The right to direct ends at your front door. Your employer cannot force you to use your private rooms as a workplace. He is dependent on your consent (see judgment of the Berlin-Brandenburg Regional Labor Court of 14.11.2018, Ref.: Sa 562/18). The following therefore also applies to entrepreneurs: Anyone planning to have an employee work from home should have their employment contract checked in advance.

What a good employment contract on the topic of home office includes

Regulations on working from home ideally include agreements on the amount of time spent working, availability and the transfer of documentation obligations. The following examples are possible:

• The employer offers trust-based work without detailed recording, so that employees can organize their working hours themselves.
• The employer's obligation to document overtime can be transferred to the employee when working from home.
• A ban on the use of private work equipment can be agreed in connection with technical occupational health and safety.

Note: The employer is obliged to monitor whether the employee is working at home in a properly equipped workplace. For this reason, the employer may be granted the right of access to your home.

Legal requirements: This must be observed at home

As a general rule, employees must ensure that employment law regulations on occupational health and safety, data protection and working hours are also complied with when working from home. This means in detail:

Working Hours Act

The regulations on maximum working hours, rest breaks and rest periods must also be observed at home. This also includes the ban on working on Sundays and public holidays. As an employer, you should make your employees aware of these requirements and offer a time recording model.

Data protection

Working from home places high demands on IT infrastructure and data security. Employers must take appropriate data protection precautions and ensure that all data protection requirements are met at all times. For example, only you - not your family members - may have access to the work PC and cell phone and to confidential data at the home office workstation.

Occupational safety

The employer must independently determine which occupational health and safety measures are required to ensure the occupational health and safety of employees working from home. To do this, the employer must carry out a risk assessment. This includes an exact survey of the working conditions as well as instruction regarding the requirements of the Ordinance on Industrial Safety and Health for work equipment. In addition, the employer must comply with the Occupational Health Ordinance (ArbMedVV).

When can employment in the home office be terminated?

First of all, a distinction must be made as to whether the home office agreement was negotiated with one employee or for a large number of employees.nullIf you are the only one currently working from home - for example, because you want to work from home in the year after your child starts school - the end of working from home can be agreed individually between you and your employer.nullIf many employees of a company work from home, for example due to corona, termination is not possible without further ado (see judgment of the Düsseldorf Regional Labor Court of 10.09.2014, Ref.: 12 Sa 505/14). The employer must take the interests of the workforce into account. The consent of the works council is also required.

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