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Many currently work from home. What they don’t know: Your employer has to provide laptops and the like, and pay for heat, electricity, and the Internet.
Both the Austrian Federation of Trade Unions (ÖGB) and the Chamber of Labor (AK) have been inundated with inquiries about regulations at the head office in recent days. Now the experts of both chambers, Martin Müller (ÖGB) and Silvia Hruska-Frank (AK), are clarifying the matter. With some surprising claims: In addition to the provision of direct work equipment such as work laptops and cell phones, the employer must also cover internet and electricity costs, as well as even heating caused by working from home.
“At least 25 euros a month is appropriate”
At the same time, experts note that employees and employers should better agree on a lump sum monthly payment. Hruska-Frank considers that “a minimum floor limit for ongoing additional costs for the home office, such as Internet, electricity or heating, is appropriate”, but it always depends on the situation. These flat rates could be agreed by individual or company agreement. Currently there are works agreements with much higher global amounts. These would currently have to be taxed.
The AK and the ÖGB advocate treating these payments not as income, but as a mere reimbursement of costs. The two experts do not consider it ideal that employees could instead deduct the additional costs from the home office tax. “Because it is actually the employer’s obligation to reimburse these costs. In the case of tax relief, these costs would be passed on to the general public and also to employees who cannot use a home office, and according to a survey in Austria, that is the majority of employees “is[called[llamado
In Austria there is no explicit right to work from home, experts say. Therefore, no employee can change to head office on his own account, but neither can the boss force him to do so. Working from home is “a matter of agreement, even if in a pandemic there is strong pressure on employers and employees to relocate work at home.” It depends on the type of agreement, for example, whether an employer can bring the employee to the office at any time, which must be analyzed in each individual case.
“Flexible and working hours also apply at home”
However, conversely, the employee also has no right to work in the office. If the employer does not want to allow the employee to do this, for example because the office is not in operation, they still have to continue paying the employee. And if the employer does not provide the employee with sufficient or sufficient resources for the home office, then the employee may provide less or no service. And: Accident insurance coverage has been extended to work in the home office.
A classic work accident at home would be if someone fell down the stairs and was injured on the way to the phone. The regulations on working time also apply in the home office, warn experts from AK and ÖGB. “Those who previously had fixed or flextime hours, these also apply to work from home. And those who have previously been able to go shopping during their lunch break can do so from home, ”say the experts. But that is then a break in the working day or a break. It remains the responsibility of the employer to ensure that rest periods are respected.
The two experts are concerned that, in a survey, the majority of younger women with children stated that they would continue to work from home if the child became ill. Unfortunately, the fear of losing your job plays a big role. “The Home Office does not replace sick leave or nursing leave,” Hruska-Frank emphasizes. “The nursing leave means that I am fired from work because I have to take care of my sick child. I cannot work during that time.” In the case of the disease itself, it is up to the doctor how he decides on the ability to work.
