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At first there was talk of the “right to work from home”, but the issue is probably not so clear. Hubertus Heil (SPD) has now submitted his draft of a “mobile labor law” to vote within the federal government, as the German press agency learned from coalition circles.
This clarifies the main features.
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Above all, employees should have the right to discuss their desire for regular mobile work with their employer.
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Employers should then have to specifically address the desired mobile work design.
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If you deny the request, you must give your reasons in writing no later than two months later.
It remains to be seen how much of these plans will actually become law in the end. First, Heil must reach a resolution in the Federal Cabinet and obtain regulation through the Bundestag and the Bundesrat. Heil had already submitted a draft in early October, but the Federal Chancellery had not approved it for departmental coordination.
Heil originally wanted employees to be able to work mobile or in the home office 24 days a year if there were no operational reasons to indicate otherwise. The CDU ministers would hardly have supported such a regulation.
Consequently, this is no longer planned according to the present draft. Employees who wish to work mobile on a regular basis must notify the employer of the start, duration, scope and distribution of mobile work at least three months in advance. Therefore, the work must be able to be carried out in a place of your choice or in places agreed with the employer. If the employer does not comply with its obligation to explain or discuss, mobile work must be considered permanent for a maximum of six months.
Finally with full insurance coverage
“The federal government and the states are asking that employees work from home whenever possible,” Heil said. “Now is the time to create a sensible and modern regulatory framework for this.” The Union and the SPD had already promised to promote mobile work in the coalition agreement. The coalition had announced a legal framework, which should include the right of employees to receive information on the reasons for the refusal.
More regulations than are now provided for by law.
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Gaps in insurance coverage will be closed. “If you drive to work today, take your child to daycare and drive from daycare to work, you’re insured against accidents because it’s a daily commute,” Heil explained. Under the law, anyone who takes the child to daycare and then drives to the home office has no way of working. Heil: “That’s not right.” The bill states: “In the future, employees who work from home or elsewhere outside the company will enjoy the same level of insurance coverage as if they were working for the company. . “Travel to and from child care facilities must also be recorded when working in the same household.
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Furthermore, according to the draft, there should also be job security in one’s home office.
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The parties to the collective agreement and the company should also continue to be able to develop their own rules on mobile work.
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And for employees with regular mobile work, all work time should be recorded in full every day. Heil said the home office should not lead to the delineation of work in private life. “Even in the home office, work must be done and a minimum of occupational safety must be applied.”
Heil asked the Union to give its consent, even if there was no majority in the coalition for the legal right to work from home: “Let’s not get stuck here, but let’s do the things that are the majority and now also necessary.”
Heil commented positively on a possible lump sum tax for the home office. “We need to talk about tax relief,” he said. »At the moment, the tax deduction options for the home office relate to a permanent office. But who has that? Very few are. “Heil said,” A flat fee is a simple and good way possible. “
Heil pointed out the limits of mobile work. “If you work in the steel mill or bake bread and rolls, you can’t do it from home, of course.” In other professions, however, people were able to work from home for a few days after the pandemic. “That saves stress in traffic jams and allows more time with the family.”
However, many employees also wanted to physically work with their colleagues. “People should not be sent to the central office inadvertently.” Heil: “This possibility should only be created where it is operationally possible and where it is desired.”
