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However, the SPD now wants to enforce the former. If an employee’s request for a home office is not granted, the company would have to justify why this is not possible in the future. So far, no justification is needed for denying the wish to work at home. The Federal Ministry of Labor already has a working draft for this.
While home office certainly has its advantages, this should be well thought out by both the employee (keyword: working hours, concentration, separation from private life, etc.) and the employer (keyword: team building, monitoring, documentation requirements for e.g. working hours). In addition, the insurance law aspects should be carefully checked, as in the case of statutory accident insurance, for example. I have already advised employees and employers on both sides and have also tried out the concepts in my own companies. I can advise clients comprehensively on this, including the – in my opinion – urgent distinction between true home office and – possibly occasional – telecommuting. Both things have different legal requirements to consider.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
