Features

Who it is for

More

Practice

Working time when working from home and working mobile

In shortThe same rules apply when working from home as at the business: working time has to be recorded, and the maximum working time under section 3 ArbZG, the breaks under section 4 and the eleven hours of rest under section 5 ArbZG apply unchanged. There is no statutory entitlement to working from home.
As of: September 20262 min readSection 106 GewO, section 2(7) ArbStaettV · Section 8(1) SGB VII
Contents
  1. No entitlement, but no unilateral order either
  2. What does not change legally
  3. Teleworking or mobile working
  4. What the works council codetermines

No entitlement, but no unilateral order either

There is no general statutory entitlement to work from home in Germany. Mobile work rests on an agreement, a works agreement or a collective agreement.

Conversely, the employer cannot order it unilaterally where a place of work is agreed in the employment contract. The right to issue instructions under section 106 of the Trade Regulation Act does not extend that far; a home is not a business workplace.

What does not change legally

The recording duty applies regardless of the place. Anyone recording at the business has to do it at home as well.

The limits of the Working Hours Act apply as well. And that is exactly where the practical problem lies: anyone writing an email at 22:00 and starting again at 07:00 falls short of the eleven-hour rest period. In the office that gets noticed; at home it does not.

Statutory accident insurance cover also applies, and since 2021 expressly also for journeys within the home that serve the insured activity (section 8(1) SGB VII).

Teleworking or mobile working

The Workplace Ordinance draws a distinction: teleworking stations within the meaning of section 2(7) ArbStaettV are display screen workstations permanently set up by the employer in the private sphere, with agreed weekly hours and duration. The ordinance's requirements for display screen workstations apply to them.

Mobile working without a permanently set-up station does not fall under that. The basic duties from the Occupational Safety and Health Act nevertheless remain, among them the risk assessment and the instruction of employees.

What the works council codetermines

Since 2021 the arrangement of mobile working has been expressly subject to codetermination (section 87(1) no. 14 BetrVG). Whether it happens remains free of codetermination, how it happens does not: extent, timing, availability, equipment.

On top of that come the classic grounds: the timing of working time (no. 2), order at the workplace (no. 1) and technical devices for monitoring behaviour or performance (no. 6). Time tracking when working from home touches all three.

  • Record the place and the extent in writing, with a notice period on both sides.
  • Agree availability times, so that the rest period does not effectively disappear.
  • Name the work equipment and settle its return.
  • Data protection: lock the screen, keep documents inaccessible to third parties.
  • Record as at the business, with a notice when the rest period is not observed.
Further reading:Section 106 GewO, section 2(7) ArbStaettVSection 8(1) SGB VIISection 87(1) nos. 1, 2, 6 and 14 BetrVGFederal Labour Court, order of 13/09/2022, 1 ABR 22/21

This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.

Ugur Aydogan, product development at AMNAU GmbH

Published by: AMNAU GmbH

Editorial responsibility: Ugur Aydogan, Product development.

Last reviewed: 2 September 2026

Read on

Goes with this

Matching templateA sample agreement on mobile working
Mini-jobs in 2026: records, the earnings limit and employment law

An earnings limit of 603 euros a month, a minimum wage of 13.90 euros, records within seven days: what businesses have to observe with marginally employed people.

ReadExcel or software: when the change pays off

A spreadsheet satisfies the duty but has three weaknesses: immutability, the effort of collecting, and the absence of checks. When it is enough and when it is not.

Read

Frequently asked questions

What we are asked about this most often.

Question not answered here? Every step is explained in the help centre.

Send us a message
Do I have to record my working time when working from home?

Yes. The duty from the Federal Labour Court order of 13/09/2022 does not hang on the place. The start, the end and the duration have to be recorded there too, and the limits of the Working Hours Act apply unchanged.

Am I entitled to work from home?

No, at any rate not under the law. An entitlement can follow from the employment contract, a works agreement or a collective agreement. Conversely, the employer cannot order mobile working unilaterally where a place of work is agreed.

Am I covered by accident insurance at home?

For activities connected with the insured activity: yes. Since 2021 journeys within the home are also included where they serve the work (section 8(1) SGB VII). Purely private activities are not covered.

Who pays for electricity, internet and furniture?

The law does not settle it. It is usual for the employer to provide the work equipment; there is no statutory duty to reimburse running costs. Employees can claim the home office allowance for tax. An agreement creates clarity.

May the employer check whether I am working?

Not with means that monitor continuously. Screenshots at short intervals, a duty to keep the camera on or mouse-movement tracking are regularly impermissible in the view of the supervisory authorities. Time tracking that records the start, the end and the breaks, by contrast, is permissible and mandatory anyway.

Knowing the rules is one thing. Keeping to them is another.

MetronHR records working hours, checks breaks and rest periods automatically and shows everyone their own times. Try it free for 14 days.

Try it free for 14 days
  • No credit card required
  • Ready quickly
  • Cancel monthly
  • Full access to every feature

No credit card, cancel any time