Remote Work in Germany: Your Rights and Obligations as an Expat

Over the past few years, remote work has become increasingly common across various sectors. For many expats in Germany, it offers flexibility and a better work-life balance.

However, the legal framework for remote work is still evolving, and it’s crucial to understand your rights and obligations as an employee working from home.

Is Remote Work a Legal Right in Germany?

Currently, there is no general legal entitlement to work remotely in Germany. While discussions about a potential "right to home office" have taken place, the decision ultimately lies with the employer. Remote work must be agreed upon in the employment contract or through mutual agreement.

That said, employers are increasingly offering remote work options as part of their standard employment packages. If remote work is not mentioned in your contract, you should seek written confirmation before assuming you can work from home.

Working Hours and Time Tracking

According to a 2022 ruling by the Federal Labor Court (Bundesarbeitsgericht), all employers in Germany are required to track their employees' working hours. This applies regardless of whether you work on-site or remotely. As a remote worker, you may be asked to log your hours digitally or use a specific time-tracking system.

It's important to adhere to the statutory working time limits: generally no more than 8 hours per day and 48 hours per week. Rest periods and breaks are also regulated by law and should be respected even when working from home.

Accidents While Working from Home

One common concern for remote workers is whether they are covered by statutory accident insurance. In Germany, accidents that occur while performing work-related tasks at home are generally covered by the same insurance that applies in the office.

However, the line between personal and professional activities can be blurry. For example, walking to your kitchen for a snack may not be covered, while walking to your desk might be. Each case is assessed individually, so it's crucial to understand what qualifies as a work-related activity.

Data Protection and Confidentiality

When working remotely, employees must ensure that company data is protected. This includes using secure internet connections, safeguarding devices, and avoiding the use of shared or public computers. Employers may also provide specific guidelines or tools to support data security.

Failure to comply with data protection obligations can have serious consequences, both for you and your employer. Always follow your company’s IT and privacy policies carefully.

Conclusion

Remote work offers numerous advantages, but it also comes with responsibilities. As an expat working in Germany, understanding the legal landscape helps you make informed decisions and avoid potential issues. If you have questions about your specific situation, it's wise to consult a legal professional with expertise in German labor law.