Many employees still work from home due to the pandemic. This
was also the case at a company from Munich, where almost all
employees were working from home since December 2020. In February
2021, the employer ordered an employee who was employed as a
graphic designer to return to work at the office. However, the
employee was of the opinion that he could continue to work at home
and only had to come to the office on special occasions.
Like the lower court, the regional labor court of Munich
confirmed that the employee had to return to the office on the
basis of the employer's work instructions. An entitlement to
work from home neither arose from the employment contract nor from
the applicable Occupational Health and Safety Regulation. It is the
employer's right to specify the conduct of work. Accordingly,
the employer can determine the place, time and content of work.
Restrictions may only result from collective agreements, employment
contracts or the principle of
