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Dispute over right to home office: who is against it and what rules apply so far


Minister of Labor Hubertus Heil (SPD) plans a right to a home office. But there is resistance. So far is the legal situation.

Minister of Labor Hubertus Heil (SPD) plans a right to a home office. But there is resistance. So far is the legal situation.

  • Minister of Labor Hubertus Heil (SPD) demands a right to a home office .
  • He wants to present a corresponding law by autumn. But there is criticism.
  • This is the current legal situation regarding the home office.

Minister of Labor Heil demands right to home office

Work from home? If the Minister of Labor Hubertus Heil (SPD) agrees, employees should also be able to do so after the corona pandemic *. The minister demands a right to a home office - and wants to present a corresponding law by autumn .

 "Anyone who wants to and who has the right to work should be able to work in the home office * - even if the corona pandemic * is over," said Heil the "Bild am Sonntag". "You can either switch completely to home office * or only for one or two days a week," Heil said. According to initial cautious estimates, the number of employees working from home in the corona crisis rose from 12 to 25 percent of all employees. The minister wants to use "fair rules" to prevent "work eating too much into the private sphere". There is also an end of the day in the home office - "and not only at 10 p.m.". 

Also interesting : Hygiene and infection protection at the workplace: new rules in the corona crisis.

So far, no general claim to home office

The fact is : Many employees are currently working in the home office due to the corona pandemic. However, some are still encouraged to come to the office - even if they theoretically have the opportunity to work from home.

This is basically the legal situation regarding home offices: So far, there is no general entitlement to home offices. As long as the employer has not made a corresponding agreement * with the employees and nothing is regulated in the company agreement or the collective agreement, employees must continue to come to work.

If you do not show up, you can be warned and terminated if you fail to appear again. However, people with disabilities or previous illnesses who are at particular risk in the company or on the way to work can be entitled to a home office.

Find out more here : Do I have to come to the office despite the corona virus?

Right to home office for the future? Employer resistance

Criticism of Heil's plans came from the employers 'side : The chief executive of the Federal Association of German Employers' Associations, Steffen Kampeter, rejects Heil's plans. "We need a moratorium on burdens instead of further requirements that limit growth and flexibility," said Kampeter.

The coalition partner also criticized the SPD politician's initiative. "I am in favor of an offer for home office - but a right to home office, because I have great difficulties," said the CDU / CSU parliamentary group spokesman for the labor market, Peter Weiß, of the SWR.

Read here: Short-time work allowance is increased: this applies to employees and the self-employed

Study: Home office leads to longer working hours

Many employees would certainly appreciate the opportunity to work more frequently in the home office, even beyond the Corona crisis *. As the Handelsblatt reported, a study by the union-affiliated institute WSI recently showed, for example, that home office leads to longer working hours rather than more free time.

Sources:, Bild am Sonntag, dpa

Also interesting : Problems in the home office: These are the most common reasons from the perspective of men and women.

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* is part of the nationwide Ippen-Digital editors network.

Source: merkur

All life articles on 2020-04-27

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