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Just go to the office to see your colleagues again?
This is
no longer allowed in the future.
With the new version of the Infection Protection Act, the pressure on employees suddenly increases to use an opportunity offered by the employer to work at home.
The regulations on home office "will be refined and incorporated into the Infection Protection Act," said Federal Labor Minister Hubertus Heil (SPD) on Wednesday in Berlin.
The Bundestag approved the new regulations shortly afterwards.
So far, only employers have been obliged to offer office workers in the Corona crisis to work from home - provided that there are “no compelling operational reasons” against it.
This was enforced by the Sars Cov 2 occupational health and safety ordinance introduced in January.
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But this regulation did not go far enough for many.
Because the number of people who poured into the offices nonetheless remained high.
Many employees do not do this at the urging of the boss, but at their own request.
Therefore, there is now also an obligation for employees to accept the offer of home office if there are no reasons to the contrary.
The obligation for employers to offer home office if possible, previously regulated by ordinance, is also anchored in the Infection Protection Act.
But what does that mean for employees?
It is not a one hundred percent obligation, explains a ministry spokeswoman when asked.
Accordingly, an informal justification is sufficient if employees want to continue to the office.
Reasons could, for example, be interference by others in the home office or a lack of adequate workspace.
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Employment lawyer Gregor Thüsing from the University of Bonn sees growing pressure on employers.
"If they let an employee on the premises who could actually work in the home office, they are now taking a risk," he says.
Because if the employee is infected with the corona virus and infects someone, the employer could be liable for it. "Therefore, he now has a greater incentive to ensure that the employees actually stay at home." He must now ask the employees to explain why they go to the office. If the employee informs the employer at the request of the employer that it is not possible to work from home, that is sufficient.
Thüsing does not expect strong controls, because the occupational safety authorities are too overloaded in many places to carry out random checks.
He still believes that many more people will stay at home now than before.
“Authorities, for example, will now define precise regulations on who is still allowed to be on site,” says Thüsing.
Things like receiving mail are likely to continue to be allowed.
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Reiner Hoffmann, chairman of the German Trade Union Federation (DGB), said that in the current situation it was "right and important" that employees have to accept the offer to work from home.
"It has to be clear, however: Nobody may be forced to work in the home office."
That it is not possible to work from home should suffice as an acclamation.
“There must be no complex proof associated with it.
There must be no sanctions if the reasons are not given by the employees, ”said Hoffmann.
According to the Ministry of Labor, the proportion of employees who work from home is a good 50 percent.
However, many have only done this for a few hours so far.
The other half of the employees, in turn, cannot work from home because of their jobs.
The changes to the Infection Protection Act apply until June 30th.
The Federal Council wants to deal with the law on Thursday.
Once the Federal Council has been referred to and signed by the Federal President, the rules could take effect shortly afterwards.
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