Mobile working and home office – the new world of work

from
Marius Saager
Lawyer
Specialist in labor law

Give me a call: 0261 - 404 99 798
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Mobile and home office work will remain a permanent and integral part of the new world of work.

The legal "home office requirement" (formerly § 28 b para. 4 IfSG) has been history for almost a week. Nevertheless, working outside the company has become established in practice in many areas over the last two years and should therefore be continued according to the wishes of many employers and employees. Both sides generally prefer a "mix" of work inside and outside the company in order to combine the advantages of both forms of work. In addition, there is now a de facto obligation on employers, even in the absence of a legal obligation, to offer mobile work to some extent, in order to attract and retain these employees. The current explosion in fuel prices and a social contribution to environmental protection also speak in favor of reducing commuting times. In short, there are many good reasons for offering mobile working at least on some working days. The (partial) performance of work from home will remain a permanent fixture in many areas of the world of work even without legal compulsion.

At the latest when the legal regulation expires, employers should make flexible contractual arrangements if they want to continue to offer mobile work. Mobile work is when work is performed at a freely chosen location outside the company. If this place is the employee's private home, it can also be referred to as a "home office". When "mobile work" is mentioned below, this also includes work from the "home office" as a sub-form of mobile work.

It is not advisable to allow employees to continue to work remotely without contractual arrangements, as there is a risk that the employee will, after some time, have a "permanent entitlement" to remote working and the employer will only be able to bring them back into the office with great difficulty. From the employer's point of view, it is advisable to have the employer's right of direction extended to include an agreement on the additional place of work – the private home. In addition, provisions should be made that enable the employer to recall the employee (in full) to the company premises with objective justification based on the right to issue instructions.

In addition, the employer is also responsible for data protection and data security when it comes to mobile work, so that clear rules and guidelines must also be established in this regard. The employee must therefore receive precise instructions on how to behave with regard to data protection and data security when working remotely. Occupational safety aspects must also be taken into account when working remotely. Therefore, there is also a need for action and organization here.

The individual flexibility gained through mobile work can and should be specifically and promptly structured and reflected by means of corresponding flexible agreements. In any case, from an employer's perspective, "just letting it happen" is not an option.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.