The Munich Labour Court has ruled that an employee did
not have the right to work remotely from Switzerland, and that her
employer was allowed to refuse her request.
Many employers have faced challenges in dealing with the
pandemic. To prevent further infection and contain the spread of
the virus, home office and mobile work became widespread initially.
With the gradual lifting of travel restrictions, a mixture of work,
leave and travel (sometimes known as ‘workation') has
emerged, but has led to employment law problems.
Meanwhile, many organisations are now insisting on a (partial)
return to the office. But many employees do not want to say goodbye
to the cherished freedom of mobile working and ideally, some would
like to work from holiday destinations. Do employers have to
approve work abroad? The Munich Labour Court of Munich has ruled
they do not (judgment of 27 August 2021 – 12 Ga 62/21).
