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

Millions of employees in Germany 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, legal safeguards often lag behind. 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 practical overview of the most important areas of German law.

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 generally cannot unilaterally order home office either.

An exception applied during the pandemic: for a time, employers had to offer home office where there were no operational reasons against it. Those rules have expired. A "right to mobile working" has been discussed politically – there is currently no general statutory entitlement.

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

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

  • ✅ Maximum working time: 8 hours per working day, extendable to up to 10 hours – but only if an average of 8 hours per working day is not exceeded within 6 calendar months or 24 weeks.
  • ✅ Rest period: After the end of daily working time, there must be at least 11 hours of uninterrupted rest. Anyone who still answers e-mails in the evening risks a violation.
  • ✅ Mandatory breaks: At least 30 minutes' break for more than 6 hours of work, at least 45 minutes for more than 9 hours.
  • ✅ Sunday rest: As a general rule, working on Sundays and public holidays is prohibited – including in the home office.
  • ✅ Recording obligation: Following the Federal Labour Court decision of 13 September 2022, employers must record 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 German Workplace Ordinance (ArbStättV) applies only to a limited extent to telework stations – i.e. screen workstations permanently set up by the employer in the employee's private area, for which weekly working hours and the duration of the arrangement have been agreed: mainly the initial risk assessment and the requirements for screen workstations. This means:

Risk Assessment

Employers must assess the risks at 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-assessment by the employee using a standardised questionnaire.

Equipment Obligations

For telework stations within the meaning of the ArbStättV, the employer provides and installs the necessary furniture and work equipment: a suitable office chair, a sufficiently large work surface, a suitable screen workstation. In the case of "mobile working" – i.e. location-flexible work without a permanently set-up home workstation – the ArbStättV does not apply; however, the general risk assessment under the Occupational Health and Safety Act remains mandatory.

Important distinction: The Workplace Ordinance only covers telework (a permanently set-up home workstation, contractually regulated). Mobile working (location-flexible, occasional) is not covered. Telework is therefore subject to more extensive workplace obligations.

Accident Insurance: Am I Covered in the Home Office?

Since June 2021 (§ 8 of Book VII of the German Social Code, amended by the Works Council Modernisation Act), accident insurance in the home office applies to the same extent as for activities at the company's premises – provided the accident is connected with professional activity. Case law of the Federal Social Court has also provided important clarifications.

Covered, for example:

  • Falls at the desk or on the way to the printer in the home office
  • Journeys to take children into external care because of work, when working from home
  • Journeys between the home office and the employer's premises

Not covered:

  • Private activities during working hours (e.g. cooking or housework)
  • Exercise during breaks

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. Proven measures include:

  • ✅ Use company devices, or private devices only with an MDM solution (Mobile Device Management)
  • ✅ Secure access to company systems (e.g. via VPN)
  • ✅ 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 had an explicit right of co-determination since the 2021 reform regarding the design of mobile work performed using information and communication technology (Section 87(1) No. 14 of the Works Constitution Act, BetrVG). This concerns how it is done – e.g. scope, availability, location and health and safety. The decision whether to introduce mobile work remains with the employer. Where technical systems are capable of monitoring behaviour or performance, the works council also has a say under Section 87(1) No. 6 BetrVG.

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.