New chances for the working-from-home model
Remote work viewed from a legal perspective. Inquired with Isabel Harnoth, law student at Humboldt-Universität zu Berlin
Working from home has many advantages for employees and employers alike. But there is a problem: there is a lack of compliance with working hours as well as occupational safety. Both sides must be able to rely on labour laws being kept — and watch out for a few other things.
Isabel Harnoth goes to law school at Humboldt-Universität and has dedicated a research project to labour law issues related to mobile work. A general right to working-from-home is not currently in place. While employers have basic managerial authority, they also have a duty to protect. Where it was possible during the coronavirus crisis, executives were sending their staff home to work.
A new situation: what is important for employers to know? First, it is important to distinguish between working remotely, working from home, and mobile work, according to Harnoth. Remote workers are employees pursuing their tasks in their own homes. At-home workers, from a legal perspective, are not employees but technically freelancers. Mobile workers, on the other hand, do not have a fixed office and travel from customer to customer. ‘When working remotely, the standard labour protection and working hours laws apply. This means that, although employees are off-site, employers are responsible for their security and well-being. This relates to maximum work hours, regular breaks, and minimum resting periods. Self-recording of working hours is widespread in Germany,’ says the student. Employees working from home can decide when to do the work. However, they rarely adhere to labour protection laws. For this reason, employers must take precautions in a range of areas. ‘They are obligated to make specifications on the workplace, for example, office furniture. Moreover, they may instruct employees to record their work hours or, where available, use a digital time sheet,’ adds Isabel Harnoth. It is important to know, she says, that executives are responsible for the accuracy of that information. The student recommends random checks to make sure they comply with legal regulation.
‘At-home workers also have advantages for employers: they don’t have to provide a workplace, saving costs for offices. People working from home are often more productive and call in sick less,’ she adds. And what is it like for employees? To many, working from home is a promising prospect with many advantages. The main disadvantage is a lack of separation between their work and their private lives. Some, then, work to their limits. The soon-to-be lawyer points out: ‘Legally, people who write emails until midnight should only continue working the next day after an 11-hour resting period. But most people resume working the next morning, which is technically illegal.’
It is advisable, she adds, to take regular breaks and strictly separate work and private life. ‘It makes sense to draft a plan, set goals, and coordinate them with one’s employer.’
Isabel Harnoth is also looking forward to the start of a summer semester without lectures, when she will be ‘studying from home’. Her hope is that the coronavirus pandemic will have lasting effects on our work lives and labour laws and will be adjusted to ‘the ongoing digital age. Flexible work models offer so many opportunities and, still, only few people work from home.’ Soon, she would also like to see universities and school use more educational technology.
By Jördis Götz for Adlershof Journal