Working from Home in Germany: Widespread, but Often Legally Underestimated

Millions of Germans work from home on a regular basis – whether on individual days, in fixed shifts, or fully remote. Yet while working from home has long since become part of everyday life, many companies are lagging behind when it comes to legal safeguards. Missing home-office agreements, poorly defined working hours, and unsecured IT systems are no trivial matter: they can lead to fines, liability risks, and employment law disputes.

This article gives you a comprehensive overview of all relevant areas of law – practical and up to date for 2025.

Is There a Right to Work from Home in Germany?

The short answer: No – at least not a general statutory right. Employees cannot unilaterally demand home office unless a corresponding provision exists in the employment contract, a works agreement, or a collective bargaining agreement. Conversely, the employer cannot unilaterally order home office either.

The exception was the SARS-CoV-2 Occupational Health and Safety Ordinance during the pandemic, which temporarily provided for a home-office obligation. That has since expired. Since then, politicians have been discussing a "right to mobile working" – however, no corresponding law has been enacted to date.

Practical tip: Establish binding home-office rules in a home-office agreement or works agreement. Without a written basis, grey areas arise – for both parties.

The Working Hours Act in the Home Office: These Rules Apply at Home Just the Same

The Working Hours Act (ArbZG) makes no distinction between the office and the home office. All provisions apply equally – regardless of where the employee carries out their work:

  • ✅ Maximum working time: 8 hours per day, extendable to up to 10 hours – but only if an average of 8 hours is not exceeded within 6 months.
  • ✅ Rest period: There must be at least 11 hours between two working days. Anyone who still answers e-mails in the evening risks a violation.
  • ✅ Mandatory breaks: At least 30 minutes' break after 6 hours of work, at least 45 minutes after 9 hours.
  • ✅ Sunday rest: As a general rule, working on Sundays and public holidays is prohibited – including in the home office.
  • ✅ Recording obligation: Employers are required to document the start, end, and duration of daily working time. This obligation also applies to home-office employees.

Workplace Ordinance: Which Obligations Apply to the Home Workstation?

The Workplace Ordinance (ArbStättV) and the associated Technical Rules (ASR) also apply in principle to teleworking stations – i.e. permanently set-up home workstations that are provided on a permanent basis by the employer. This means:

Risk Assessment

Employers must carry out a risk assessment for the home workstation – even if they have no direct access to the employee's home. In practice, this is often done by means of a self-disclosure by the employee using a standardised questionnaire.

Equipment Obligations

For formally agreed teleworking stations, the employer is generally responsible for the basic ergonomic equipment: a suitable office chair, a sufficiently large work surface, and adequate lighting. In the case of "mobile working" – i.e. occasional working from home without a fixed home workstation – these requirements do not formally apply, but a risk assessment remains mandatory.

Important distinction: The law differentiates between telework (a permanently set-up home workstation, contractually regulated) and mobile working (location-flexible, occasional). Stricter workplace obligations apply to the former.

Accident Insurance: Am I Covered in the Home Office?

Since 1 January 2021, accidents in the home office are covered by statutory accident insurance – provided they are directly connected to professional activity. The Federal Social Court and the legislature have made important clarifications in this regard.

Covered, for example:

  • Falls at the desk or on the way to the printer in the home office
  • Accidents on the way to childcare that are commenced in the course of work
  • Journeys between the home office and the employer's premises

Not covered:

  • Private activities during working hours (e.g. going to the kitchen to cook)
  • Exercise during breaks
  • Accidents outside the agreed work area

Data Protection in the Home Office: GDPR Obligations for Employers

In the home office, sensitive company and customer data are frequently processed – on private devices, via unsecured Wi-Fi networks, or in the presence of family members. This represents a considerable data protection risk.

Under the GDPR, employers also bear responsibility for the home workstation. In concrete terms, this means:

  • ✅ Use only company-owned devices or BYOD devices with an MDM solution (Mobile Device Management)
  • ✅ Mandatory VPN for access to company systems
  • ✅ Screen not visible to third parties; documents stored securely
  • ✅ Written data protection instructions for the home office
  • ✅ Update the record of processing activities accordingly

Co-Determination: What Can the Works Council Demand?

Where a works council exists, it has a right of co-determination regarding the introduction of home office under Section 87 (1) No. 14 of the Works Constitution Act (BetrVG). Since the 2021 reform, mobile working is explicitly subject to co-determination. This means: without agreement with the works council, the employer can neither introduce nor fundamentally change home-office arrangements.

In practice, it is advisable to conclude a works agreement covering the following points: entitlement and scope, availability hours, cost allocation (internet, electricity, office equipment), data protection, the right to return to the office, and risk assessment.

Conclusion: Home Office Requires Clear Rules – No Grey Areas

Working from home is a genuine benefit for many companies and employees – greater flexibility, less commuting time, higher satisfaction. But anyone who ignores the legal framework creates risks: fines for working-hours violations, liability for workplace accidents, data protection breaches, and disputes over equipment obligations.

The solution is simpler than it sounds: a well-structured home-office agreement, a digital time-tracking system, and clear data protection instructions provide security for both parties – and make home office what it should be: a model that truly works.