Saving energy is the order of the day in autumn and winter 2022. Some employees also fear restrictions at work. But: Don’t coffee machines and the like have to keep running?
Freezing in the office – and then there’s not even coffee. That can’t be allowed, can it? Are employers now allowed to simply switch off or even get rid of certain electronic devices to save energy?
In principle, the following applies: “The employer does not have to provide coffee machines,” says Peter Meyer, a specialist lawyer for labor law. Therefore, he can also decide whether the device may only run for a limited time or be abolished completely. “Whether this is helpful for the mood at work is of course another question,” says the specialist lawyer.
If there is a works council in the company, according to Meyer, it may have a right of co-determination on the question of the abolition of the coffee supply. If there is no agreement with the works council on switching off the coffee machines, the employer must let them continue to run. In practice, however, such cases have not yet occurred.
Many questions will depend on the individual case. According to Meyer, if the employer wants to turn off the elevator, this is only possible in a few cases without any problems. Employees who need a barrier-free workplace for health reasons are usually entitled to use the existing elevator. Even if the office is on the ninth floor, the employer will usually still have to ensure that employees can use the elevator.
However, according to Meyer, there is one thing that the employer does not have to tolerate as a matter of principle. If employees bring their own heaters with them because of the lower room temperature in the office this winter, the employer can prohibit their use.
About the person: Peter Meyer is a specialist lawyer for labor law and a member of the executive committee of the working group on labor law in the German Bar Association (DAV).
