Navigating Employment Relocation: Is Working from Home a Valid Option?
Pondering Resignation Choices: Can Working from Home Be an Alternative?
Let's tackle the question that arises when your job's location shifts: Do I need to tag along or can I work from home? Although it may seem enticing, your employer isn't compelled to offer remote work as an alternative. This was exemplified in a ruling by the Labour Court of Appeal Stuttgart (AZ.: 9 Sa 42/24), as highlighted by the Employment Law Working Group of the German Bar Association (DAV).
In a particular instance, the employer decided to shut down a location and issued a relocation notice to an employee. The employee found the prospect of working from the new location less appealing and demanded a home office setup instead. The employee challenged the relocation notice by filing a protection against dismissal lawsuit intending to prove the change in working conditions was legally invalid.
Surprisingly, the lawsuit was dismissed by the Labour Court Villingen-Schwenningen, and the appeal to the Labour Court of Appeal Stuttgart also fell flat. The dismissal was deemed socially justifiable since the employee's workplace was eliminated due to the location closure.
The employee's average monthly gross salary was 5,620.53 euros.
Remote Work Not Compulsory
The lawsuit wasn't successful. The court held that business restructuring justified requiring the employee to continue their job at the new location. Only if such an arrangement was explicitly stated in the contract or was a common practice within the company would a home office position have been required. Without such provisions, the work setting doesn't have to be adapted in this manner.
The employee then lodged an appeal with the Federal Labour Court (Az.: 2 AZR 302/24).
Topics:
- Employers
- Employees
- Judgments
- Dismissal
- Remote Work
- Courts
Although no specific ruling by the Labour Court of Appeal Stuttgart regarding an employer's obligation to provide a home office option for employees during a location change was found, we can shed light on general employment law guidelines and remote work options in Germany.
In Germany, the legal framework for workplace changes and remote work possibilities is regulated by several laws and regulations:
- Employment Contract: The work contract usually outlines the details of work arrangements, including potential changes to the workplace or remote work provisions.
- Works Constitution Act (Betriebsverfassungsgesetz, BetrVG): This act grants employees the right to consultations and negotiations with employers related to significant changes in work arrangements.
- General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG): This act prohibits discrimination based on several factors, including but not limited to gender, age, and disability. Employers must ensure that any changes to work arrangements do not discriminate against employees.
- Federal Labour Court Rulings: While the search results do not provide specific information about the Stuttgart Labour Court of Appeal ruling, the Federal Labour Court's decisions can provide valuable guidance on employment law matters. For instance, the Federal Labour Court has made rulings on the protection of pregnant women from dismissal, which may influence how employers handle work arrangements.[1]
To understand the specific responsibilities of an employer to offer a home office option when changing an employee's location, it's essential to examine the relevant employment contract and German employment laws. Moreover, any recent court rulings or legal precedents specific to remote work circumstances must be taken into account.
[1] Resources: Supreme Court Protects Pregnant Women Against Dismissal - Facts and Figures on the Quota for Women on Supervisory Boards
- The court's ruling in the case of location change did not constitute a mandatory obligation for employers to provide a home office option for employees, as it was only required if such an arrangement was explicitly stated in the contract or was a common practice within the company.
- In navigating employment law in Germany, employers must consider various factors such as the employment contract, Works Constitution Act, General Act on Equal Treatment, and court rulings like those from the Federal Labour Court, which may influence how employers handle work arrangements, including remote work possibilities.
