In the fight against Corona, the federal government wants to oblige companies to enable more home offices.
But the regulation is controversial.
What is important now.
Munich
- Companies in Germany are encouraged to offer their employees more home offices from the middle of next week.
After long discussions, Federal Labor
Minister
Hubertus Heil
presented the cabinet with a corresponding "Corona occupational health and safety ordinance" on Wednesday.
The rules are limited until March 15th.
Criticism comes from the business world, and it is not just the coalition partner Union that warns of a “bureaucratic monster”.
But what applies now, what do employees and employers now have to pay attention to?
The most important questions and answers at a glance:
The “
Corona Occupational Safety and Health
Ordinance” essentially obliges employers to enable their employees to work from home wherever it is possible.
However, should the presence of employees be unavoidable, the companies must take precautions.
For example, in open-plan offices there must be at least ten square meters per person.
If clearances cannot be maintained, companies must provide their employees with FFP-2 masks.
There are two main reasons for this.
First, Heil also sees companies as an obligation.
Because in other areas such as shops, schools or leisure facilities the possibilities for infection protection have largely been exhausted, "additional and time-limited measures of occupational health and safety are indispensable as a contribution to health protection," says the regulation.
In addition, according to an overview by the union
-related Hans Böckler Foundation
, the proportion of home workers has
apparently fallen significantly
recently
.
While in the first lockdown last spring around 27 percent of employees mainly or exclusively worked from the
home
office, the corresponding comparison value in November was 14 percent.
Rather not.
According to the ordinance, employers are required
to allow
employees to
work from home
, provided there are “no compelling operational reasons” to the contrary.
However, the term “compelling operational reasons” is not further elaborated in the relevant ordinance.
But one thing is clear: the bar is high.
Therefore, the employer needs a solid reason to refuse to work from home.
This can be, for example, that an employee has no access to the company network, for example because he does not have a mobile computer.
No.
Employees can, however
, complain about their employer
to the
works council
, the occupational health and safety authority or the responsible accident insurance company if they are wrongly denied the opportunity to work from home.
Many employees can only work from home to a limited extent, for example because they do not have fast Internet access, a study or a decent desk.
That is why many employees continue to prefer their office workplace.
So if you really want to come to the office, you can still do so.
In principle, the following applies: The employer cannot
force
his employee to work from
home
.
No.
Even if workers are afraid of infection, they cannot just stay at home.
If you work from home without consulting
your
employer
, you risk a warning
or
, in the worst case, a termination.
Therefore, the same applies here: It's best to talk to the employer.
Most companies take the worries of their employees seriously and try to find a good solution.
No.
In the run-up to the decision on the obligation to work from
home, there was
also the consideration of completely prohibiting joint visits to the canteen or the coffee kitchen.
In the end, however, Minister of Labor Heil waived a regulation.
Since most company kitchens only offer their dishes as takeaways anyway and the tables in many canteens are completely locked, such a regulation is not necessary, they say.
The regulation on
home office
provides, among other things, a special tax regulation.
Thereafter, retroactive to January 1, 2021, the necessary home office IT such as notebooks or necessary software can be completely written off in the current year.
Up to now, the depreciation period was three years.