The legal situation for German employers regarding COVID-19
regulations is still dynamic. The past few weeks (again) brought
changes in both statutory law and case law, for example regarding
the compulsory offer of working from home. We shed light on the
latest developments and the current hot topics from the German
employment law angle.
- Statutory regulations
Since 1 July 2021, the statutory obligation to work from home no
longer applies. Of course, employers can still voluntarily allow
their employees to work from home and are encouraged to do so
wherever possible. Whether an employee is still entitled to work
from home also against the will of the employer depends on
individual and works council agreements in place at the specific
company. Such agreements should, therefore, again be reviewed after
the statutory obligation has now ceased to apply.