Home office and mobile working as opportunities for participation in working life

In an increasingly agile and digital working world, working at a computer workstation outside of the company can be an option for disability-friendly work arrangements. For some, mobile working even opens up access to the primary labor market.

Although not every job is suitable for mobile working, there is still great potential to further promote this form of work for people with disabilities and to take advantage of the benefits. For example, employees with limited mobility no longer have to travel to work and employees with chronic illnesses can integrate medical treatment or breaks more flexibly into their working day at home.

The key to success is for employers and employees to work together on a voluntary basis to reach a suitable agreement that meets the needs of both sides.

Definitions in Germany

In terms of employment law, a distinction must be made between teleworking and mobile working, whereby the term teleworking is often used synonymously with the term home office.

Teleworking

Teleworking has been a legally regulated form of work since 2016. The provisions of the Workplace Ordinance and Annex No. 6 of the Workplace Ordinance on the design of VDU workstations apply:

Teleworking workstations are VDU workstations permanently set up by the employer in the private area of the employees, for which the employer has specified a weekly working time agreed with the employees and the duration of the set-up (Section 2 (7) ArbStättV).

The framework conditions for teleworking are defined by mutual agreement and preferably in writing in the employment contract or in an agreement. The employer is responsible for setting up the workplace, providing and installing the necessary furniture and digital technology. Private furniture can be used if it is suitable. Ideally, the private workplace is equipped with the same work equipment as the workplace in the company.

Contents of the teleworking agreement

  • Duration and structure of teleworking
  • Working hours and availability of employees
  • Equipment of the teleworking workplace
  • Access rights of the employer for setting up the workplace and occupational health and safety

(Source: BG ETEM)

Do employees have a right to telework (home office)?

In Germany, there is no general legal entitlement to teleworking. At the same time, employers cannot order employees to work from home without their consent, unless this has been agreed in the employment contract.

However, employees with a severe disability are entitled to disability-friendly work arrangements, including the organization of work, in accordance with Section 164 SGB IX. This may include teleworking as a measure if this is reasonable for the employer.

Mobile working

In contrast to teleworking, mobile working is not defined by law. Mobile working can take place at any, often improvised location, such as at home, on business trips, at customer appointments, in libraries or in coworking spaces, unless otherwise stipulated in the company agreement. The working hours are not fixed and can also be performed on a freelance basis.

As a rule, the employer provides the mobile devices and is responsible for their safety, even if they are purchased privately. The Workplace Ordinance does not apply directly to mobile work, as work locations change frequently, but is often used as a guide. If applicable, however, Annex No. 6 ArbStättV must be taken into account.

Legal regulations

Irrespective of the different legal definitions, the following regulations always apply to teleworking and mobile working:

  • Occupational Health and Safety Act
  • Working Hours Act
  • Ordinance on preventive occupational health care
  • Employer's liability insurance association regulations and rules
  • General Data Protection Regulation (protection of personal data)

Statutory accident insurance

In the case of teleworking (home office) and mobile working, accidents in the office and on the way to the toilet are covered by accident insurance, but not accidents in other rooms.

Adaptations of the workplace

Depending on the work model, employers have different obligations with regard to the scope of workplace equipment.

Aspects of ergonomics and occupational health and safety must be taken into account. Individual, barrier-free solutions must be found for employees with special limitations. In individual cases, additional organizational adjustments may also be useful.

Technical measures: Examples

  • Fast Internet connection
  • VPN access: Virtual private network with access data
  • Hardware:
    • Laptop or desktop PC (sufficient RAM and CPU)
    • Monitor / second monitor with sufficiently large display
    • Keyboard and PC mouse
    • Webcam, headphones/headset with microphone, speakers
    • Docking station for multiple device connections
    • Printer / scanner
    • As required: Braille display and other disability-specific hardware
  • Software:
    • Office package
    • Virus protection program
    • Communication software for video conferencing and telecommunication
    • As required: screen reader and other accessible software
  • Storage options: external hard disk or cloud storage
  • Ergonomic furniture: (electrically) height-adjustable desk with sufficient storage space, individually adjustable work chair
  • Ergonomic lighting: floor lamp or table lamp (e.g. with daylight, low vision lamp)
  • Space and climate: sufficient freedom of movement, noise protection, glare protection
  • Structural measures as required: Support handles on walls, barrier-free toilet

Organizational measures

  • Flexible working hours and break times can provide additional support for people with disabilities and chronic illnesses if they are dependent on regular therapeutic treatments or flexible rest periods.
  • Hybrid teleworking, where employees work alternately at home and at the company, has the advantage that employees are still involved in company processes and possible social isolation is avoided. In this respect, this combination can create a good balance between the advantages and possible disadvantages of teleworking.

Costs and funding

The employer pays a subsidy for equipping the teleworking workplace. If employees are teleworking permanently and cannot use the company's premises, they may be entitled to reimbursement of the entire costs.

Current costs such as electricity, internet and telephone are paid by the employees. Under certain circumstances, a monthly lump sum can be negotiated with the employer.

In individual cases, the equipment of teleworking workstations (home office workstations) can be funded by the rehabilitation providers or, in the case of a recognized severe disability or equal status, by the Inclusion/Integration Office.