Virus-fear alone is not enough: there Is a right to a home office?

For the employer, the President is the plans of the Federal Minister of labour for a "right to the home office," were "pure nonsense", said Ingo Kramer over

Virus-fear alone is not enough: there Is a right to a home office?

For the employer, the President is the plans of the Federal Minister of labour for a "right to the home office," were "pure nonsense", said Ingo Kramer over the past weekend compared with the editors ' network of Germany. The idea was created so that you have to apologize, as an employer, "if I can't set up". But clearly, The Corona is also:-the crisis has changed the world of work in Germany.

Many companies have sent the majority of their employees to the home office. A change that is not like it at first easy was it to arrange the work from home with childcare and household. Apart from various Corona Hotspots in the country, the Situation has stabilized now, so that companies start their employees out of the home office to the office in the back. On the other hand, many workers - especially commuters - now found pleasure in the work at home.

A current study by the Fraunhofer Institute for work economy and organization (ILO) confirms that: Many of the researchers surveyed 500 companies are planning to Corona with more home office. The vast majority of people have had good experiences with this form of work. However, the study also shows deficits: many blurred in the home office, the border between work and leisure.

So the question is finally: Is there a duty to return to the operation or a "right to a home office" comes from?

at The Moment, it needs protection concepts

Still, the pandemic is not over. Therefore, the Corona-protection measures continue to apply. In this respect, no employer may waive these provisions for its operation, says the specialist lawyer for labour law, Dr. Boris while the projects of the law firm Freshfields/Bruckhaus/Deringer. "Because when Corona in Germany is completed, it will ultimately be decided by the Robert Koch-Institute. And as long as Corona is still there, employers must take care to ensure that the contagion risk is reduced for workers in the operation, as far as possible."

This means: companies need to create a protection concept for the employees and implement.

fear alone in front of a possible infection in the workplace is not enough not to switch back from the home office to the office. "Something different," says Boris while the projects, "namely, when a worker of a risk group and the employer can create due to the nature of the activity is not a protection concept for protecting the workers adequately." In such exceptional cases, says the labor lawyer, "there can be quite a to claim the home office work."

While it is, of course, always on the circumstances of the case. If such employees in a single room can do in their work, doing as little as possible to customer contacts are exposed to, or in elevators, a mask is compulsory, then, according to Boris while the projects, "is also likely to exist for groups at risk there is an obligation to return to the office."

fear alone does not justify a Home Office

to work but If it is due to the activity it is not possible to protect people from high-risk groups is sufficient, then there could be for these workers is quite "a claim that continues to be in the home office." It is, thus, both the implementation of the protection measures in the operation as well as on the type of activity carried out. In cases of doubt, whether the safeguards are sufficient, it is recommended to turn to the legal experts of the German trade Union Federation (DGB) and the works Council.

Regardless of the Corona dramatically changed circumstances in the workplace, the question of whether employers can require their employees to return from the home office to the office, about whether these provisions in an operating agreement or work contract. Rules that have been applied before Corona.

Is about to be agreed in the employment contract that the employee is allowed to work three days a week from home, then can force to the words of labor lawyer Boris while the projects the employer is not a complete return to the office. "Because in the case of a relevant agreement has a right to the Home Office."

Corona makes statutory scheme required

the longer the pandemic lasts, the longer the protection. Ultimately this means, in many cases, an extension of the work in the home office. This extension is not met, in the view of Boris while the projects but the requirements for a "company Practice". This refers to the labour law that employees of an employer may derive from a regular repetition of certain behavior, a claim that also in the future will be.

In the case of Corona, however, stressed Boris while the projects, it is an exceptional situation. In this respect, it remains to be seen how long this situation still persists. The German Confederation of trade unions expects, however, that the legislature immediately clear guidelines for the work-from-home. Finally, the Federal government had announced for the autumn a law on the right to the Home Office. Fierce employer resistance is to be expected.

author: Klaus Deuse 12 E-Bikes in the Test: Only four are good, with two of the battery went up in flames on FOCUS Online/Wochit 12 E-Bikes in the Test: Only four are good, with two of the battery went up in flames on

*The post "Is there a right to a home office?" is published by Deutsche Welle. Contact with the executives here.

Deutsche Welle
Updated Date: 11 July 2020, 12:27

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