A sample agreement on mobile working

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).