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WORKING IN GERMANY

What you need to know about Germany’s new working from home rules

Employees are being asked to work from home, when possible, as of Wednesday. We break down the new regulation, including who's supposed to follow it and how it will be enforced.

Published: 20 January 2021 10:46 CET
Updated: 27 January 2021 09:46 CET
What you need to know about Germany's new working from home rules
More and more employees in Germany have turned to working from home during the pandemic. Photo: DPA

The ordinance, which went into effect on January 27th and is set to stretch until March 15th, was passed in part to relieve congestion on public transportation, especially during peak travel times.

READ ALSO: EXPLAINED: What you should know about Germany's stricter lockdown measures

“Those who can, work at home” is the goal of the new regulation, said Social Democrats (SPD) parliamentary group vice president Katja Mast on Wednesday.

Why was the new ordinance put in place?

Previously the government and states had only urged employees to use home office (as it's commonly called in Germany) whenever possible, but there was no official ordinance obligating employers to allow it.

Labour Minister Hubertus Heil did not feel this was effective enough in pushing more employees to work from home. He consequently proposed the ordinance which obliges companies to make home office a right, as long as it’s possible.

In a survey conducted by the Bavarian Business Association (vbw) earlier in January, two-thirds of companies said that home office would be possible in their line of work. But only 64 percent of these companies said that their employees are currently working from home.

That means that in more than a third of companies, people have been working in the office even though it would also be possible to work remotely.

READ ALSO: Home Office makes employees more effective and happy, Germany study finds

 Does the new regulation create an obligation to have a home office?

No. Companies merely have to make it possible, and it is up to employees to decide if they work from home or not. But “the Federal Chancellor and the heads of government of the federal states ask employees to take advantage of the offer,” stated the new resolution.

Who should monitor compliance with the new regulation?

In many companies, home office has long been the norm, with an increasing number of firms allowing or even encouraging their employees to work from home since the start of the coronavirus pandemic in March 2020. 

But in some cases the boss is not in favour of it, feeling that he or she could lose oversight and control over employees.

That's why, in future, there will be checks to see whether employers are complying with their obligation to offer home office.

Compliance with the ordinance is to be monitored by the labour protection authorities of the states. According to Labour Minister Hubertus Heil (SPD), the employer must explain reasons why home office is not possible at the request of the authorities.

In “extreme cases”, theoretically fines of up €30,000 are also possible.

For which office jobs could home office be rejected?

For example, if it involves other activities that have to be done at the workplace. The Ministry of Labour mentions, for example, processing and distributing incoming mail, issuing materials, processing incoming or outgoing goods or customer service. Ensuring first aid or medical care in the company could also be a reason why an employee cannot work from home.

Will the regulation bring with it a general right to home office?

Not exactly. Heil is in favor of such a right, but there is still a dispute with the CDU/CSU about it. The current regulation will apply for a limited period – for the duration of the pandemic.

Heil's original plan to grant employees the right to up to 24 home office days has met with resistance from the CDU/CSU. The minister's draft bill from the end of last year provides for employees to have the right to discuss home office with their employer.

What about when it's not possible to work from home?

Where home offices are not possible, companies are to provide workers with medical masks. “Masks of the FFP2-/KN95 standard are to be used for work areas in confined spaces, without sufficient ventilation or without sufficient clearances,” the government's resolution states.

To avoid overcrowded buses and trains during rush hours, companies must also allow flexible working hours. 

READ ALSO: What you need to know about Germany's new mask rules for public transport and shops

Heil wants to limit the number of employees working in the company at any given time so that there is at least ten square meters of space for each employee in enclosed work and break rooms.

If that is not possible, ventilation measures or suitable partitions between people are mandatory.

What other protective measures are planned for working in the office?

The joint consumption of food and drinks, for example in canteens and break rooms, is to be prohibited.

If the incidence in a region is 200 or more, companies that require more than 50 employees to be present in the workplace at the same time would have to carry out rapid tests on their employees at least once a week if the minimum distances cannot be consistently maintained or employees have to use public transport regularly, reported BILD.

Member comments

  1. QUESTION: If you can work from home, who will supply the computer to work in a home office? My wife works in Commerzbank, but they want her to supply the home office equipment. Does the German leaders help to purchase the computer or does the leadership from the bank get forced to supply the equipment?

  2. QUESTION: If you can work from home, who will supply the computer to work in a home office? My wife works in Commerzbank, but they want her to supply the home office equipment. Does the German leaders help to purchase the computer or does the leadership from the bank get forced to supply the equipment?

  3. i cannot work from home and my company has told me to buy a better face mask. should they be providing FFP2 masks or do i have to pay for them myself?

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WORKING IN GERMANY

Four steps to take straight away after losing your job in Germany

Losing a job can be a nightmare situation for foreigners in Germany - but following these simple steps will get you back on your feet in no time.

Published: 10 September 2024 16:34 CEST
Updated: 15 September 2024 08:14 CEST
Four steps to take straight away after losing your job in Germany

In times of economic downturn, layoffs are far from unusual – but that doesn’t make it any more difficult for the people who find themselves suddenly left without work.

For foreigners in Germany, the situation is even more frightening. You may wonder whether your residence status is in jeopardy, how hard it will be to find another position, and whether you can support yourself while you look for another job.

Though it may be hard to think clearly at a time like this, following these four simple steps will set you in good stead to move forward – and hopefully, it won’t be long before another dream opportunity comes your way. 

1. Negotiate your terms 

Before signing or agreeing to anything, it’s crucial that you’re familiar with your rights and understand how much notice your employer has to give you and what kind of settlement you may be owed.

Generally, the rule of thumb is that you get half a month of severance for every year you worked at the company. That said, higher settlements can be negotiated in return for signing a termination agreement (Aufhebungsvertrag), so you may want to seek legal advice before settling. 

Even during a probationary period, your employer will also have to give you a certain amount of notice before your last working day. During the interim, you can either work for the company or be put on what is known as gardening leave in English, where you stay home but are paid as if you were working.

This can all be negotiated as part of a termination agreement, so you should think carefully about what works best for you and consider speaking to your labour council (Betriebsrat) or a legal specialist before making any firm decisions. You should also be aware that you have no obligation to sign any agreement and can legally dispute the layoff if you want to. 

READ ALSO: Can I get unemployment benefits in Germany if I quit my job?

2. Get all the necessary documents from your employer

Once the terms of the layoff are final, ensure that your employer gives you all the necessary documents you need to navigate the next phase of German bureaucracy.

The main two to think about first are the confirmation of work (Arbeitsbescheinung) and the confirmation of your holiday entitlement (Urlaubsbescheinigung).

The first can be sent to the Agentur für Arbeit (jobcentre) as proof of your last job and recent layoff, while the second will help your next employer calculate your vacation days for the rest of the year.

An Arbeitszeugnis, or German letter of reference

An Arbeitszeugnis, or German letter of reference. Photo: picture alliance/dpa/dpa-tmn | Zacharie Scheurer

On top of these documents, you’ll want to ask your employer for a letter of reference (Arbeitszeugnis), which is useful for finding a new job in Germany.

You should also keep hold of your last payslip and statement of earnings (Lohnsteuerabrechnung), which are helpful for tax purposes and may also be requested by the Agentur für Arbeit.

Speaking of which… 

3. Register as unemployed with the Agentur für Arbeit

As soon as you know that you are soon to be unemployed, you should register as a jobseeker with the Agentur für Arbeit. To get full unemployment benefits, you usually have to do this within three days of receiving your termination notice or at least three months before leaving.

Depending on what type of residence permit you’re on, you may or may not be entitled to long-term unemployment benefits (ALG II), but most employees are able to get unemployment insurance (ALG I), which covers a proportion of your former salary while you look for a new role.

It’s important to be a little bit careful here, as claiming long-term unemployment benefits (ALG II) can affect any future citizenship applications. Any severance pay you agree to can also result in you losing some months of unemployment benefits, so these are all factors you will have to consider while deciding on the best way forward. 

READ ALSO: What happens to your work permit if you lose your job in Germany?

4. Inform the immigration office 

If you’re on a residence permit that is linked to your job in some way, like a Blue Card or work visa, you’ll need to inform the immigration office about your change in circumstances as soon as possible.

This should be done in writing, and in German, within two weeks of receiving your termination notice.

You should include all relevant personal information, such as date of birth, residence permit type, and nationality, as well as the date of your final day at work. As proof of the layoff, you should also enclose a copy of your termination agreement or a letter from your employer. 

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

In most cases, the immigration office will give you between 3 and 12 months to look for a new job. If they give you a shorter period, be aware that you may be able to negotiate an extension later on if you are struggling to find work through no fault of your own.

Above all, stay positive. Though it may feel like one door has closed, another one is sure to open. This being Germany, you may just have to wade through a sea of paperwork to get there.

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