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New home office regulation: What employers and employees now need to know

2021-01-28T07:46:54.904Z


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.


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 lengthy discussions, Federal Labor

Minister

Hubertus Heil

(SPD) presented a corresponding “Corona occupational health and safety ordinance” to the cabinet 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:

Home office: What does the Federal Labor Minister Hubertus Heil's regulation actually provide?

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 available per person.

If distances cannot be maintained, companies must provide their employees with FFP-2 masks.

Home office: Why does the Federal Minister of Labor see a need for regulation at all?

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.

Can the boss insist that the employee come to the office?

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.

Home office: Can the employee just stay at home even if the boss insists on being present?

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

.

However, it always makes sense to talk to the

employer

first

.

Conversely, can an employee insist on being able to work in the office?

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 continue to do so.

In principle, the following applies: The employer cannot

force

his employee to work from

home

.

Home office: Can an employee work from home without consulting the employer?

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 is best to talk to the employer.

Most companies take their employees' worries seriously and try to find a good solution.

Do the employees who remain in the company now have to go to the canteen alone?

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.

Home office: What is the federal government doing to further promote home work?

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.

List of rubric lists: © Julian Stratenschulte

Source: merkur

All news articles on 2021-01-28

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