The Corona pandemic has changed the world of work for good and established home offices in many companies. But what is the situation now, after the pandemic? What happens if the employer demands a return to the office? And what is the difference between “mobile working” and “home office”? This article gives you an overview and clarifies important legal questions.
Home office after the pandemic: The new everyday life
With the end of pandemic-related restrictions, many companies have returned to normal office operations, while others have maintained hybrid models. But the situation is not the same everywhere, and there are some special features to consider:
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Flexibility and hybrid models: Many companies offer a mix of home office and office work. This gives employees flexibility and the opportunity to better balance work and private life. However, there is no general legal right to work from home.
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Company agreements and regulations: In many cases, company agreements regulate the conditions for working from home. Such agreements are legally binding and usually take precedence over individual agreements. They can contain provisions on working hours, availability, technical requirements and cost coverage.
Company agreements and their significance
Company agreements play a crucial role in the design of home offices. They are negotiated between the employer and the works council and specify the conditions under which home offices are possible.
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Legally binding rules: Company agreements are binding for both parties and create clarity. For example, they can specify how many days per week employees are allowed to work from home and what technical requirements the employer must provide.
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Protection of workers’ rights: A works agreement protects the rights of employees by setting clear guidelines on working hours, break regulations and the separation of professional and private life.
If the employer requires a return to the office
Many employers have now ordered a return to on-site work. What does this mean for employees who want to continue working from home?
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No legal right to work from home: In Germany, there is no general legal right to work from home. This means that the employer generally has the right to demand that employees return to the office, unless otherwise agreed.
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Exceptional cases: However, if there is a valid works agreement or an individual agreement in the employment contract that allows home office work, the employer may not simply make unilateral changes.
Mobile working vs. home office: The differences
It is important to know the difference between “mobile working” and “home office” as the legal framework can be different.
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Home-Office: Home office is a fixed agreement that is usually regulated in company agreements or employment contracts. It involves working from a fixed location (usually the employee’s place of residence). Clear rules apply here regarding working hours, occupational health and safety and the technical requirements.
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Mobile working: When working remotely, the place of work is not fixed. Employees can theoretically work from anywhere, be it in a café, on the train or in the park. The regulations are often more flexible, but there are often no specific guidelines on working hours and occupational health and safety.
Warning or termination due to refusal: What to do?
If your employer demands that you return to the office and you refuse, this may result in employment law consequences such as a warning or even dismissal.
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Check your rights: Check whether there are any provisions in your employment contract or company agreements that affect home office work. Such provisions could protect you from a unilateral order to return to the office.
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Get legal advice: If you have received a warning or termination, it is advisable to seek legal advice. A specialised law firm can examine your rights and support you in enforcing your claims.
HENKELFRAU law firm supports you!If you are affected by a warning or termination because you want to continue working from home, we are here to help you. Contact us at info@henkelfrau.com or call us at Tel.: +49 155 66150207We are familiar with the latest case law and are happy to support you in enforcing your rights!
Stay informed and seek legal advice to protect your interests.
