The terms telework, home office and mobile working are often used interchangeably, but they differ in important respects. While telework is defined by law, the term home office is now widely used without there yet being a precise legal definition. To help employers and employees find their way through these terms, we take a closer look at the specific differences between telework, hybrid working, home office and mobile working in the following sections. Get an overview of the legal provisions, obligations and outstanding questions surrounding the “workplace outside the company premises”. Please note that the carefully researched information does not constitute legally binding advice.
Table of Contents
What is telework? Definition and requirements
In addition, under the Workplace Ordinance, a telework workstation is only deemed to be established once the employer, or a person appointed by the employer, has provided and installed the required equipment, furniture, work equipment and communication facilities in the employee’s private home. In other words, the employer must ensure that the telework workstation is broadly comparable to a workplace on company premises in terms of its equipment and infrastructure.
Further employer obligations relating to telework workstations:
- Carry out a risk assessment (when assessing working conditions and the workplace for the first time, in accordance with Section 3 ArbStättV)
- Instruct employees (in accordance with Section 6 ArbStättV)
- Set up display screen workstations (in accordance with Annex 6 to the ArbStättV)
Other important aspects of telework are the statutory requirements on data protection and information security. Employers and employees should give this relevant area the care it requires when working remotely.
Under the Workplace Ordinance, both working hours and working conditions for telework must be contractually agreed. There are also clear requirements for workplace equipment and set-up.
When carrying out a risk assessment, you may find our questionnaire template useful: Risk assessment: psychological stress when working from home. You can find another free questionnaire template for identifying psychological hazards in the workplace here: Risk assessment: psychological stress
What does alternating telework mean?
With alternating telework, employees have both a permanent workstation at home and a workplace at the company. Alternating telework is currently the most common form of telework. The allocation of working time between attendance at the workplace and working from home is generally set out in the employment contract. It does not mean occasional laptop work from home, but a regular alternation between work on company premises and telework carried out at a permanently equipped workstation in the employee’s private home. Alternating telework, also known as working from home, is a form of telework described above. It is often referred to as “hybrid working” or “supplementary home office”.
According to recent employee surveys, demand for alternating telework has increased. Employers also see a range of benefits in this working model. Some companies use it, for example, to reduce office space by introducing desk sharing. With desk sharing, several employees share one workstation in the company office. Find out more here about the advantages and disadvantages of hybrid working or supplementary home office for employees and employers: Advantages and disadvantages for employees and employers
What characterises mobile working?
Mobile working is characterised by employees being provided with a mobile device, such as a laptop, tablet or smartphone, which they can use to work from different locations. It is therefore a location-flexible working model, carried out, for example, in a co-working space, on a train while travelling, in a hotel or from home. Mobile working is not subject to the Workplace Ordinance, but the Occupational Health and Safety Act does apply and, among other things, requires a risk assessment.
The Occupational Health and Safety Act therefore applies in full to both telework workstations, meaning employer-established display screen workstations in employees’ private homes, and mobile working. The provisions of the Working Time Act (ArbZG) also apply to both telework and mobile working. By contrast, the Workplace Ordinance does not apply to mobile working. Flexible forms of work, such as working on a laptop on a train or in a hotel, are not subject to the ArbStättV rules for telework workstations.
The Workplace Ordinance does not apply to occasional work on the move or from home.
What is meant by home office?
Although there is currently no legal definition of the term home office, it generally refers to regular work at a workstation in the employee’s home. On this understanding, home office would correspond to alternating telework and would be subject to the same occupational health and safety standards as a conventional office workstation. The provisions of the Workplace Ordinance would also need to apply. However, since home office has not yet been clearly defined, it is difficult to make a definitive classification. The terms of home office can, for example, be set out in an additional clause in the employment contract or in a works agreement to provide clarity in each individual case.
Occupational health and safety law and the Working Time Act also apply to home office where it means alternating telework, that is, a regular alternation between work at the company and telework at a permanently equipped workstation in the employee’s home. The employer must fulfil their corresponding duty of care. If home office means only rare, sporadic laptop work from home, the Occupational Health and Safety Ordinance does not apply. The Working Time Act does, however, apply to all the forms of work described.
More information and questionnaire templates for manager and employee surveys on home office and telework can be found here: Gather feedback on home office
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