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Do I have a right to work from home, and can the boss cancel it?

Working from home has become everyday life for many, but who decides on it? There is no general statutory entitlement to work from home. What matters is what was agreed, and that then binds both sides.

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A general statutory entitlement to work from home does not exist (as of now). Working from home is based on an agreement, in the employment contract, an additional agreement, or a works agreement.
If working from home is firmly agreed, the employer cannot simply order you back to the office unilaterally, and conversely cannot simply order working from home by instruction either. What matters are the arrangements that were made.

What you should do now

  1. 1

    1. Check the basis

    Is there anything in the employment contract, an additional agreement or a works agreement about working from home?

  2. 2

    2. Note any revocation reservation

    Some arrangements allow working from home to be revoked; check whether and under what conditions.

  3. 3

    3. Clarify in writing

    If you want to work from home (or keep doing so), ask in writing for a clear agreement with scope and conditions.

  4. 4

    4. Use co-determination

    If there is a works council, it often has a say in shaping mobile work.

Frequently asked questions

Do I have a right to work from home?

There is currently no general statutory entitlement to work from home. A right arises only from an agreement, for example in the employment contract, an additional agreement or a works agreement. If working from home is regulated there, it applies bindingly to both sides.

May the employer bring me back from working at home?

That depends on the agreement. If working from home is firmly promised, they cannot simply order you back unilaterally; if the arrangement contains a valid revocation reservation, a return to the office can be demanded under the conditions stated there. Without a basis, they can neither order working from home nor unilaterally cancel it.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.