Works agreement for home office & mobile work
Mobile work and home office change work location, working time and monitoring. This guide neutrally explains what a works agreement typically regulates and the role of the conciliation committee.
Why is mobile work subject to co-determination?
Mobile work touches several co-determination provisions: the position and distribution of working time (Section 87(1) no. 2 BetrVG), order and conduct in the workplace (no. 1) and – where technical systems are used – their capability of monitoring (no. 6). There is no statutory right to home office; whether mobile work is offered is decided by the employer. Its arrangement, however, is co-determined.
Typical content
- Prerequisites & scope of mobile work
- Working time & availability (right to be unavailable)
- Equipment & cost coverage
- Health and safety in the home office
- Data protection & information security
- Time recording
- Return & revocation rules
If no agreement is reached
If no agreement is reached on the arrangement of mobile work, the conciliation committee decides. As chair, I guide the parties to workable rules that enable flexibility while preserving health and safety and data protection.
Briefly answered
There is no general statutory right to home office. Whether mobile work is offered is decided by the employer; its arrangement, however, is subject to co-determination.
Typically prerequisites, working time and availability, equipment and costs, health and safety, and data protection.
More in the guide: Working time · Time recording · all guides
A conciliation committee on home office / mobile work?
As a neutral chair I guide the parties to practical mobile-work arrangements – across Germany.