Corona trouble at work: Which rules apply now - and what happens if the home office obligation falls

Created: 03/10/2022, 17:45

By: Andreas Thieme

The company accident insurance does not always cover an accident in the home office.

© Eugenio Marongiu/Imago

The pandemic is (hopefully) coming to an end, the government is planning a number of relaxations - but at the same time more people are sick than ever.

There were 3478 new infections yesterday in Munich - so the topic of working from home is more relevant than ever.

But which rules apply now?

Munich – According to the federal government, there is still an obligation to work from home.

Because: Working from home reduces contacts at work and also on the way to work, where you can avoid public transport.

In short: Working from home helps to reduce the number of Covid infections.

The legal basis is the amended Infection Protection Act, which came into force on November 24th.

According to the current status, the obligation to work from home is still valid until March 19th - but after that it should fall.

For the transitional period until May 25, a draft by Federal Labor Minister Hubertus Heil (SPD) provides for the Corona Occupational Safety and Health Ordinance to be voluntary.

According to this, employers should “continue to consider” working from home if, for example, there is a risk of a rapid spread of infection in open-plan offices.

However, employees will then no longer be entitled to work from home.

The following applies to employers until the end of next week: they must offer the opportunity to work from home for office work or comparable activities.

However, only if there are no “compelling operational reasons” against it, says Ulrich Grund, a specialist lawyer for labor law.

However, these reasons are not defined in more detail by law.

This means that the employer can basically decide for himself whether he refuses office workers to work from home.

Munich: The obligation to work from home expires on March 19th – after that it will probably no longer apply

Which, of course, often led to arguments!

Especially when employees just don't want to come into the office.

But they can't be fired that easily!

If the obligation to work from home now falls, further Zoff is programmed: Because from March 20th, companies can refuse to work in the home office without reasons - and employees have to go back to the office.

Until then, however, employees are still obliged to accept their boss's offer to work from home.

At least as far as there are no reasons against it.

Ulrich Grund knows that if you don't have any space to work at home, your boss can't force you to do it either.

Not even if the employer provides missing technical equipment.

Home office in Munich: no one can force a boss to work in their own apartment

Because the law still applies (and also beyond March 20th): Working from home is subject to the consent of the employees.

If the company wants to relocate the contractual place of work of an employee, a corresponding employment contract regulation between the employer and the employee or a works agreement is required in any case.

Article 13 of the Basic Law guarantees the inviolability of one's own home.

The employees' private living space is therefore outside the employer's sphere of influence.

Home office is therefore not an “outsourced office”, but private living space that is used for official purposes in accordance with the company agreement.

Which can also be rejected by the employee.

also read

Sick leave: Three mistakes that unfortunately still circulate

Many employees do not know how to behave properly when they are on sick leave.

Many rumors persist.

Read here which ones.

Sick leave: Three mistakes that unfortunately still circulate

Corona bonus: The special payment only remains tax-free under this condition

Some employees receive a bonus payment from their employer as a result of the corona pandemic.

Do they have to give up some of that?

Corona bonus: The special payment only remains tax-free under this condition

If employees cannot work from home, the employer must offer a corona test twice a week.

Masks are compulsory in companies if you are not sitting in your seat.

The Occupational Health and Safety Ordinance continues to adhere to this