last March, changed the restrictions in the public life not only the daily lives of millions of people in Germany, but mainly the professional life. A majority of the staff has been working since mid-March in the so-called home office. Instead of the office, the private living room or the kitchen serves as a more flexible place of work.
now that the länder gradually break the Lockdown and return to normalcy, companies are working to different models, in order to lead your employees, in the normal operation.
The return to work, normality is done either in smaller groups, with a Shift operation, or on a voluntary Basis. However, there are also businesses, the home office abolished after the first loose completely again. But is that even allowed?
Dr. Martin Hensche, a specialist lawyer of the Hensche law firm for employment law in Berlin, declared on CHIP request that the employer may determine, on the basis of their managerial authority, “the content, place and time of work performance at its reasonable discretion” in more detail. If these Details are not in the employment contract, the operating agreement, in the collective agreements or by law established, may decide the employer about it so freely. The question should ask the employer, is not whether the chief is permitted to prohibit it, but what rights has he to get given.
In the decision, the somewhat old-fashioned sounding plays at the end of words “cheap discretion” an important role. “The employer must take into account in exercising its discretion, the interests of the employee in a fair manner,” says Dr. Hensche. And further: “He may not have only his own interests in view.”
in Addition, arrangements for mobile Working in the employment contract, is limited to the right to give instructions of the employer. The employee then has a right to work from home.
the home office may not prohibit the chief in such a case, for a reason.
After several weeks, the home office, you get used to the Situation. To rise instead of the tedious in the train or in the car, runs much better directly from the bathroom into the living room and works from there.
you get used to it, it will change nothing on the contract of employment. A specialist lawyer Dr. Hensche is clear: The right to issue instructions to the heads of change, neither by habit, and certainly not by “tacit Amendment to the employment contract”. The theme ends up at some point before the labour court accepts such Changes in breast-feeding by the judges “never”.
Because of the daycare centers and schools closed or only partially in operation, particularly parents, in front of a mammoth task. A specialist lawyer Dr. Hensche, declared: “not Able to appear to be parents for this reason, in the operation, because you need to take care of their children at home, due to the unreasonableness of the performance (civil code, § 275, Para. 3) in the operation also has no legal obligation to do so.”
requirements are that it is for the parents concerned no other reasonable Care, and the children not older than 11 years old. Also, you could not be brought readily into the Office.
When employees work continuously at home, you can use your daily life. “You may have to set private appointments for the next few days so that they would be in trouble if they have to appear again tomorrow in the operation.”
communication is important! “Workers should point out to your bosses, and it a reasonably long period of, for example, a few days ask to the operations in the operation set,” advises the lawyer.
the boss Demands that his employees be mandatory back to the office, to keep workers in mind. This is not true, by the way, if the above-mentioned points “to grab cheap the discretion”, “childcare”, or if the home office is set out in the employment contract.
Who ignored the request of his boss and not the office, although he has laid this down so, infringed against his obligation to work. In such a case, the chief may issue a written warning and the employee, again, expressly to work in the operating request.
“not according to the employee of such re -, in the context of a warning issued work request, it can be behaviour-related reasons resigned,” Dr. Henschel. / South_agency CHIP Corona
In General, is also an extraordinary and immediate termination is possible.
“The inquiries in recent weeks and months, with the Corona-crisis connection, turn primarily on the theme of short-time work,” says the specialist lawyer. “Many businesses have short logged in to work, to the extent of 50 per cent of the regular working hours.” Important questions would arise as to what applies in the case of holidays or to distribute, as part-time work on the week.
so Far, Dr. Hensche sees no “serious conflicts of Interest between employers and workers” when it comes to the Home Office. The main reason that workers that can perform their activities from home, have the advantage that you can still get your full salary. “Otherwise, you would have to with the short-time working allowances or the statutory compensation of the Wage or salary have to suffice.”
employers have, in turn, of such an arrangement has the advantage that you don’t have to abandon the work performance of the employee in spite of the Corona-related restrictions and their operating processes and procedures to maintain.
“such A Win-Win Situation for employers and employees seemingly little cause, had dug up the hatchet.”
*The post “home office often already over: let me the boss force to the office now?” is published by chip.de. Contact with the executives here.
