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At first there was talk of the “right to work from home”, but the matter will probably not be that clear.
Hubertus Heil (SPD) has now submitted his draft for a “mobile work law” for voting within the federal government, as the German press agency learned from coalition circles.
This makes the main features clear.
Above all, employees should be given the right to discuss a wish for regular mobile work with their employer.
The employers should then have to specifically address the desired design of mobile work.
If you reject the application, you should have to give reasons in writing after two months at the latest.
How much of these plans will actually become law in the end remains to be seen.
First of all, Heil must reach a resolution in the federal cabinet and get the regulation through the Bundestag and Bundesrat.
Heil had already presented a draft at the beginning of October, but the Federal Chancellery had not approved it for departmental coordination.
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Originally, Heil wanted employees to be able to work mobile or from home 24 days a year if there were no operational reasons to the contrary.
Such a regulation would hardly have been supported by the CDU ministers.
Accordingly, this is no longer planned according to the present draft.
Employees who want to work mobile on a regular basis should notify the employer of the start, duration, scope and distribution of mobile work at least three months in advance.
The work should therefore be able to be done at a location of your choice or at locations agreed with the employer.
If the employer does not comply with his obligation to explain or discuss, mobile work should be considered fixed for a maximum of six months.
Finally with full insurance coverage
"The federal government and states are currently calling for employees to work from home wherever possible," said Heil.
"Now is the time to create a sensible and modern regulatory framework for this." The Union and SPD had already promised to promote mobile work in the coalition agreement.
The coalition had announced a legal framework, which should include a right of employees to information about the reasons for a refusal.
Further regulations that are now planned for the law.
Gaps in insurance coverage are to be closed.
"If you drive to work today, bring your child to day-care center and drive from day-care center to work, you are insured against accidents because it is a commute," Heil explained.
According to the law, anyone who takes the child to daycare and then drives to the home office has no way to work.
Heil: “That is not okay.” The draft law states: “In future, employees who work from home or at another location outside the company will enjoy the same level of insurance coverage as they would if they were working in the company . «The journey to and from childcare facilities should also be recorded when working in the same household.
In addition, according to the draft, there should also be occupational safety in the home office itself.
The parties to the collective bargaining agreement and the company should also be able to make their own regulations on mobile work.
And for employees with regular mobile work, the entire working time should have to be recorded in full every day.
Heil said that home office should not lead to the delimitation of work into private life.
"Even in the home office, work has to be done and a minimum level of occupational safety must apply."
Heil called on the Union to give its consent, even if there was no majority in the coalition for a legal right to work from home: "Let's not get stuck here, but let's do the things that are a majority and now also necessary."
Heil commented positively on a possible tax lump sum for home office.
"We need to talk about tax deductibility," he said.
»At the moment, the tax sales opportunities for the home office relate to a permanent office.
But who has that?
Very few are. "Heil said:" A flat rate is an uncomplicated and good possible way. "
Heil pointed out the limits of mobile working.
"If you work in the steelworks or bake bread and rolls, you can't do that from home, of course." In other professions, however, people could work from home for a few days after the pandemic.
"That saves stress in traffic jams and allows more time with the family."
However, many employees also wanted to work physically with their colleagues.
"People should not be sent to the home office unintentionally." Heil: "This possibility should only be created where it is operationally possible and where it is wanted."
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mamk / dpa
