Home Office Remotely Unlikely: Navigating Employment Shifts: A Home Office Perspective
Contemplating Resignation Options: Could Working from Home Be a Viable Choice?
In the workplace shifting scenario, it might seem appealing to work from the comfort of home, but employers aren't legally bound to accommodate this arrangement. This assertion is underscored by a court ruling by the Regional Labour Court (LArbG) Stuttgart (AZ.: 9 Sa 42/24), as attested by the Employment Law Working Group of the German Bar Association (DAV).
In an instance, an employer shut down a location, leading to a change-related termination for an employee. The employee was expected to work at a new location but balked at the idea and advocated for a home office instead. In retaliation, the employee filed a protection against dismissal lawsuit, with the goal of declaring the change in working conditions resulting from the change-related termination as legally invalid.
The employee's average monthly gross salary stood at 5,620.53 euros.
Home Office Not Mandatory
The lawsuit was rejected by the labour court in Villingen-Schwenningen, and the appeal to the Regional Labour Court in Stuttgart also fell flat. As the employee's workspace was eradicated due to the closure of the location, the termination was deemed socially justified.
Further Insights: Home Office in a Redux of Profession Question in Employment Law: Who Should Initiate a Business-Related Termination?
The court found that the employee could perform their duties at the new location, as a business restructuring had ensued. A home office would have been supplied solely if it was explicitly stated in the contract or had been company practice. If this condition was not met, the workspace change did not necessitate an adaptation in this form.
Last but not least, an appeal was submitted to the Federal Labour Court (Az.: 2 AZR 302/24).
Source: ntv.de, awi/dpa
- Workplace Shifts
- Employers
- Legal Battles
- Job Loss
- Compensation
- Courts
- Profession
Behind the Scenes:
German employment law does not enforce employers to grant home office opportunities post-workplace transfer. However, there are specific factors to ponder:
- Right to Flexible Work Arrangements: German law incorporates certain rights to flexible work arrangements, extending to home office work. Nevertheless, these rights are contingent on the unique characteristics of the workplace and the nature of the occupation.
- Home Office as a Component of Employment Contract: If an employee has previously agreed to work from home, they might claim that this agreement should be sustained. However, such a claim typically necessitates negotiations or agreement within the employment contract.
- Reasonable Workplace Relocations and Home Office: If a workplace relocation poses a significant impact on an employee's commuting or work-life balance, they might assert for the option to work from home as a reasonable accommodation. Nonetheless, this would be assessed on a case-by-case basis.
- Legal Obligations Regarding Telework Equipment: In Germany, employers are usually obligated to provide the requisite digital equipment for telework, unless otherwise agreed mutually[3].
In a nutshell, while employers in Germany are not legally obligated to offer a home office option following a workplace transfer, employees might negotiate or make a case for this contingent on specific circumstances and any prior agreements.
- The court ruling by the Regional Labour Court (LArbG) Stuttgart highlights that employers in Germany are not legally bound to offer a home office arrangement following a workplace transfer, unless stated in the contract or a company practice.
- In the case of job loss due to a workplace shift, an employee may argue for the right to a flexible work arrangement, such as a home office, if thechange in working conditions impacts their commuting or work-life balance significantly.
- German employment law grants certain rights to flexible work arrangements, including the right to work from home, but these rights are contingent on the specific conditions of the workplace and the nature of the occupation.
