Dark, wet, cold: Those who can, like to take advantage of the opportunity to work from home in winter. But: Who provides the equipment and who then pays the heating costs? The most important rules at a glance.
Even though employers have not been obliged to allow their staff to work from home since spring, a certain proportion of employees continue to work from home on a regular basis. According to the Ifo Institute, every fourth employee in Germany will continue to work from home even after the corona pandemic – significantly more in some sectors.
Especially in winter, when it’s wet and dark outside, one cold follows the next, or snow-covered roads would unnecessarily lengthen the commute to work, those who have the opportunity often choose to work at their desks at home. Time to recall the legal rules for working from home.
Home office, teleworking and mobile working: what was that again?
Mobile working is still not clearly regulated by law in Germany. “Colloquially, the term home office has prevailed,” says Daniel Stach, a lawyer at the Verdi union.
So-called telework is clearly defined by the legislator: In this case, the work takes place at a fixed computer workstation outside the company, usually at the employee’s home – at fixed working hours. Precise requirements apply to teleworking, which are regulated in more detail in the workplace ordinance.
Legally, according to Stach, it is mostly telework when the above-mentioned characteristics are met and the telework conditions have been agreed as binding. Then the employer must comply with the legal regulations on teleworking. “More detailed regulations for working from home often result from the collective agreement or a company agreement,” says Stach.
If the work is done partly in the company and partly in the home office, this is called alternating telework. In contrast, the employee does not carry out the mobile work at a fixed location. “Instead, the work takes place, for example, on the train, at the customer’s or in the hotel.”
What is the minimum equipment?
The employer is usually obliged to set up the home office workplace at his own expense. According to Verdi, this includes furniture and other office supplies. On the other hand, the employer must provide the necessary telecommunications technology, including hardware and software. In detail, this can be, for example, a computer, telephone, headphones and camera.
“The employer also bears the costs for maintenance and repairs,” says Stach. The employer cannot demand the use of private devices. “But he can – in practice often at the employee’s request – agree this with his employees,” says the Confederation of German Employers’ Associations. Irrespective of whether work equipment belonging to the employer or the employee is used, data protection and data security must be guaranteed.
Are there regulations on what the workplace at home must look like?
Just as in the office, the employer is responsible for ensuring that employees in the home office comply with the accident prevention regulations, the requirements for occupational safety and ergonomic design. Sufficient space as well as ventilation and heating options are also important.
“So the employer also has a duty to protect his employees in the home office,” says Stach. Theoretically, the employer must therefore also carry out a so-called risk assessment at home. For example, to identify and rule out health risks.
According to Stach, however, the employer has no general right of access to the employee’s private apartment. “The inviolability of the home is a fundamental right.” An assessment of the apartment from an occupational health and safety perspective is therefore only possible with the consent of the employee.
If there is a works council in the company, it has mandatory participation rights in the design of the home office rules. If a company agreement regulates the topic of working from home, this must be observed.
Does the employer have to contribute to the costs of working from home?
According to the Confederation of German Employers’ Associations, employers and employees can agree on this individually. If there is no agreement or if the right to cost sharing does not result from the collective agreement or a company agreement, according to Verdi it depends on the overall circumstances.
“In any case, the employee has a legal right to reimbursement of his additional costs if the employer’s interest in doing the work in the home office outweighs it,” says Stach, referring to the case law of the Federal Labor Court on reimbursement of expenses for the home office.
The more employees work from home, the fewer costs the employer incurs in the company. “That’s why employers are often interested in shifting work to the home office,” says Daniel Stach. In the event of a dispute, employees can assert their claim for reimbursement of expenses before the labor court.
Can I now always go to work if it’s too cold at home?
It depends. If employees are free to work in the company or at home, or if the home office agreement includes a right to return, they can in principle also do the work in the company. “In any case, it makes sense to make a regulation about the costs incurred, such as for electricity, heating, a proportionate rent and telephone in the home office,” recommends Stach.
