An employer can order the return of his employees from the home office even in Corona times.
The Munich Regional Labor Court decided in a judgment published on Tuesday
A graphic designer who - like almost all of his colleagues - had been working in the home office since December 2020 and did not want to return to the office when his boss ordered this around three months later, had complained.
In principle, companies have the right to issue instructions about the employee's place of work,
With his complaint, the employee wanted to ensure that he was allowed to work from his home office and that this home office activity could only be interrupted in exceptional cases.
The labor court's decision to reject the employee's application has now been confirmed by the regional labor court.
A right to work in the home office does not arise from the employment contract - and also not from the Corona occupational health and safety ordinance.
The technical equipment at the home workplace did not correspond to that at the office location, and the employee did not demonstrate that the data was protected against access by third parties and the competing wife.
Presence in the office is important
In the opinion of the court, the general risk of being infected with Covid-19 on the way to work and the general risk of infection at work and during the lunch break do not preclude an obligation to appear in the office. The judgment is final (Az. 3 SaGa 13/21).