What about the home office? Rules and regulations and Covid-19

Regardless of the legal mandate, many employers implemented home office requirements unbureaucratically and usually without a separate agreement. Since the mandatory rules on the home office have ended, the question arises whether employers now can call employees back to the office or if employees can even refuse to return to the office.

In Germany, by law, employees do not have a right to work from home. Unless there is an individual agreement with the employee, it is at the employer’s discretion to determine the content, place and time of work performance. Employees can therefore be called back to the office now the mandatory rules on home office have ended. However, the employer must offer work conditions that comply with the rules on CORONA Standard Work Conditions which are still in force. For some companies this might still create a need for their employees to work from home. In order to avoid a practice that could lead to a right to work remotely, employees should be requested to return to their workplace in the office after the termination of the government-imposed mandatory rules on home office.

If employees are allowed to continue to work from home, the conditions should be detailed in a written agreement. In particular, provisions should be made on data protection, work equipment, reimbursement of expenses, working hours and occupational health and safety. Otherwise the employer could be liable for health damages.

It is important that this matter be handled with care by the management.

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Photo: Anke Thomass - stock.adobe.com