A sample agreement on mobile working
Six sections covering what people argue about in a dispute: place and extent, working time and availability, equipment, occupational safety, data protection and accident insurance.
- Place, extent and a termination notice for both sides
- Working time and availability with a reference to sections 3 to 5 ArbZG
- A tick list of the equipment provided
- Sections on occupational safety, data protection and accident insurance
What is in the template?
Ready to use, with formulas, sample data and a legend.
- Place, extent and a termination notice for both sides
- Working time and availability with a reference to sections 3 to 5 ArbZG
- A tick list of the equipment provided
- Sections on occupational safety, data protection and accident insurance
- A note on co-determination under section 87 (1) BetrVG
When does the template fit?
Ideal as an interim solution or for small teams, with clear limits.
- A first written arrangement for individual employees
- An annex to the employment contract for a new hire
- A basis for a later works agreement
The same limits apply at home, only nobody sees them.
Anyone writing an email at 10 pm and starting again at 7 am falls short of the rest period in section 5 ArbZG. At a desk in the office that gets noticed; at home it does not. MetronHR records the time where the work happens and reports the breach as it arises.
In comparison
Excel template
Manual upkeep • no workflows • no reminders • copy anew for every employee
MetronHR
Automatic calculations • approval workflow • reminders • one central source for the whole team
Frequently asked questions
Answers on usage and legal aspects.
No. There is no general statutory entitlement in Germany. Mobile working rests on an agreement, a works agreement or a collective agreement. Conversely the employer cannot impose it unilaterally either where a place of work is agreed in the employment contract.
Without restriction. Maximum working time under section 3, rest breaks under section 4 and the eleven hours of rest under section 5 ArbZG apply regardless of location. The duty to record working time exists there just the same.
Statutory accident insurance cover also applies to mobile working for activities connected with the insured work (section 8 (1) SGB VII). Journeys within the home that serve the work have been expressly included since 2021. Purely private activities are not.
Teleworking places within the meaning of section 2 (7) of the Workplace Ordinance are screen workstations permanently set up by the employer in a private home, for which the requirements of that ordinance apply. Mobile working without a permanently set up place does not fall under it; the basic duties from the Occupational Safety Act still apply.
If there is a works council, yes. The timing of working hours (section 87 (1) no. 2 BetrVG), questions of conduct in the workplace (no. 1) and technical devices capable of monitoring conduct or performance (no. 6) are subject to co-determination. Since 2021 the arrangement of mobile working has also been expressly subject to co-determination (section 87 (1) no. 14 BetrVG).
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