Home office rules: what currently applies and what should change



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Do I have to work from home?

No, currently no one can be forced to work from home. There is no statutory “home office obligation”. The home office remains a matter of agreement between the employer and the employee: the employee must agree to the relocation of their workplace verbally or in writing.

How will I be insured if I am injured at home at work?

Accident insurance coverage has been in place for workplace accidents within its own four walls since the spring. In terms of insurance, accidents are treated as if they happened on the road or at work. The regulation applies until March 2021. Until then, home-based workers will continue to receive the flat-rate commuter allowance “quasi-expense allowance.”

Are there tax advantages in the home office?

Not yet. In Austria, as in Germany, a flat-rate tax rate will apply to costs incurred by the employee, for example electricity or the Internet. It is not clear how high it will be. The AK described the German ceiling of a maximum of 600 euros a year as a realistic benchmark.

Who currently determines what applies to the home office?

This is currently agreed by the employer and the employee. The AK wants to change that and demands a “enforceable company agreement.” The works council and the company agree general rules at the head office that apply to all employees. If it fails, you can contact an arbitration board.

How could the final agreement be?

The social partners are “very optimistic” that an agreement will be reached. They did not want to elaborate when KURIER asked them. There may only be a temporary regulation in Austria at the moment. The WKO in particular repeatedly emphasized that more time was needed for a long-term solution.

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