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Conflicts about the home office: what employees can do if employers refuse

2021-01-28T08:40:55.408Z


Despite the corona pandemic, many still go to the office instead of working at home. Some employers: in terms of working from home, there is enormous pressure. What can employees do?


Despite the corona pandemic, many still go to the office instead of working at home.

Some employers: in terms of working from home, there is enormous pressure.

What can employees do?

  • In order to further contain the spread of the coronavirus *, a new

    home office

    rule came into force

    on January 27,

    2021

    .

  • Employers are therefore "obliged" to offer home work wherever possible.

  • What employees can do if

    home

    office is rejected.

Frankfurt / Berlin - To

Corona infections

to slow, as many are Abeitnehmer: inside

Germany

in the

home office

work.

With the new “

SARS-CoV-2-Arbeitsschutzverordnung

” of the Federal

Ministry

of Labor, the pressure on employers has now increased again.

From the entry into force on January 27, 2021, according to the ministry, they will be “obliged”

to

offer

employees to

work from home

in certain cases

.

But this is not used everywhere where home work is possible.

A study by the Hans Böckler Foundation, has the number of people working in the

home office

work since the beginning of

Corona crisis

drastically reduced in April 2020th

While 27 percent of those surveyed were still working from home in April, in November 2020, that is, at the time of the “

lockdown light

”, only 14

percent of those in

employment stated that they had mainly or exclusively worked at home.

And that despite the fact that politics at the time appealed to employers

to make

mobile work

possible across the board.

Home office in the Corona crisis: New requirements come into force in Germany

A Bitkom study from December 2020 also showed

that during Corona * times many still go to the

office

instead of working

from home

. According to this, 55 percent of all jobs could at least partially also be done from home.

But only 45 percent of the employed take up the offer.

"Only 25 percent of

those authorized

to work from home

work

entirely at home, 20 percent at least partially," it says.

The reasons why many employees continue to go to the office can be varied.

But the pressure from employers on their employees certainly also plays a role.

A case from Bavaria recently caused a stir.

As reported by ZDF, an employee of an industrial service company is said to have been put under massive pressure by her boss.

He threatened with

dismissal

should they sign up for

home office

decide.

In a statement, the company denied the approach.

However, the ZDF magazine Frontal 21 are currently more cases where companies attempted

home office

to get around.

Home office regulation

date

Shall apply from

01/27/2021

Is likely to apply until

03/15/2021 (can also be extended again)

New home office rule: If you refuse to work from home

So what do you do if employees

are

denied home office?

Like other

regulations

, the new home office rule * leaves room for maneuver.

The wording states: "In the case of

office work

or comparable activities, the

employer must

offer

employees

to carry out these activities in their home if there are no compelling

operational reasons

".

The rule therefore applies to

office or similar activities

.

The company decides whether this can also be done at home.

However, the Federal

Ministry of

Labor speaks of a “duty” and says the regulation should ensure that 

home office 

cannot simply be arbitrarily refused.

Employers

are legally obliged to check whether home office is possible and then have to offer their employees this, says Labor Minister Hubertus Heil (SPD).

+

The conflict over working from home: Some employers put employees under pressure.

(Symbol image)

© Sebastian Gollnow

Employers: avoid home office - what employees can do

The general rule is that no

employee: r has to go to the home office

if he or she does not want to.

If you should

refuse to

work from home

despite your request, although it would be possible from your job, Heil advises you to first talk to your employer.

If that doesn't work either, the next step is to involve the

works council

, if there is one.

The

health and safety authority of

the respective federal state can also be

approached

in the

event of a conflict

.

At the request of the authority, the employer must then explain reasons why home office is not possible.

According to Heil,

fines are also

possible in the

“greatest emergency”

.

Theoretically up to 30,000 euros.

Another issue is whether employees would even enter into such a conflict.

In addition to the mandatory

home office offer

for employees, the regulation also tightened the rules for infection protection at the workplace.

The

regulation

is limited in time and is only valid until March 15th.

If the situation does not ease, the government could extend it.

(svw mit dpa)

* fr.de is part of the nationwide Ippen digital editorial network

List of rubric lists: © Sebastian Gollnow

Source: merkur

All news articles on 2021-01-28

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