With more and more people working remotely, there is increasing interest in the legal side of such arrangements. Who can work remotely? Can a company stop you working remotely? Here's an explanation of the legal background to some of the most common issues regarding working remotely.
Is there a legal right to remote work?
In Germany, there is no general legal right to remote work. This means that not every employee has the right to work remotely. Whether remote work is possible depends on whether any of the below are in place:
- Agreement with the employer: A written agreement in the employment contract or an individual arrangement with the employer is necessary.
- Collective agreements or company agreements: Specific regulations regarding remote work may exist in some industries or companies.
- Individual agreements: Even without collective or company regulations, individual arrangements can be made.
What happens if remote work was allowed without a contractual agreement and is now revoked?
Without a written agreement in the employment or company contract, the employer has the right to determine the place of work. This means that the employer can require the employee to return to the office.
According to a ruling by the Cologne Regional Labour Court on July 11, 2024 (Az. 6 Sa 579/23), the revocation of remote work permission must be reasonable and not arbitrary. This means that the employer must consider the employee's interests and provide factual reasons for the revocation. Arbitrary decisions are not permissible.
This case law strengthens the position of employees and ensures that the revocation of remote work permission can only occur under fair conditions. It is always advisable to document agreements regarding remote work in writing to avoid misunderstandings.
What to do if other employees are allowed to work remotely, but you are not?
In such a case, the employee should first discuss the reasons with the employer. Certain tasks may require your presence in the office. However, there may also be opportunities to work partially remotely. A discussion with the works council can also be helpful.
The general principle of equal treatment may require the employer to allow all employees to work remotely if their tasks are comparable. The principle of equal treatment states that employers must not arbitrarily treat their employees unequally.
This means that employees performing similar or comparable tasks must be treated equally. If some employees are allowed to work remotely, this should also apply to other employees with comparable tasks, unless there are objective reasons against it.
Must the employer contribute to electricity costs?
There is no legal requirement for the employer to contribute to electricity costs. However, the Occupational Health and Safety Act states that the employer is responsible for the safety and protection of their employees.
Many companies have internal regulations or company agreements that provide for contributions to electricity costs for remote work. Individual agreements are also possible.
What to do if overtime worked remotely is not paid?
It is important to keep accurate records of working hours remotely, including start and end times and breaks. Evidence such as emails or task lists can help prove overtime. If overtime is not paid, the following options are available:
- Involve the works council: The works council can help enforce employees' rights.
- Seek legal advice: If necessary, a law firm specialising in labour law can be consulted.
Know and enforce your rights
Even with agreements in place, it can sometimes be hard to ensure your employer honours them properly. If you feel you are not being given the remote work opportunities that you should, you can talk to your works council and a labour law specialist. You don't have to try to sort it all yourself - ask the experts for help!