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ARTICLE · 26 OCTOBER 2022

Workation As An Energy-saving Measure - What Employers Should Consider

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At the latest since the corona pandemic, home offices and mobile working have become an integral part of everyday working life. "Workations" are also becoming increasingly popular...

GermanyEmployment and HR
Isabel Hexel
Isabel Hexel
Alexandra Groth
Alexandra Groth
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At the latest since the corona pandemic, home offices and mobile working have become an integral part of everyday working life. "Workations" are also becoming increasingly popular among employees - all the more so as the temperatures in Germany drop and energy prices rapidly rise. Now in particular, many employees are therefore considering spending the winter months in warmer climes in order to work from there. This understandable wish of employees presents companies with legal problems, however. We summarise the most important points for employers below.

No claim to mobile working from abroad

Unless explicitly agreed, employees generally do not have a claim to mobile working. This was unsurprisingly confirmed by the Labour Court [Arbeitsgericht, ArbG] of Munich (decision dated 27 August 2021 - docket No. 12 Ga 62/ 21). Pursuant to Sec.106 German Industrial Code [Gewerbeordnung, GewO], the employer can, at its reasonable discretion, specify the content, place and

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