The digital transformation is progressing steadily and with it the change in the world of work. The last two years have led many employees to move their work to the home office or to invent other workplaces for themselves. But what consequences does this have for occupational health and safety and contractual regulations?
In this article, the protection professionals would like to provide information about the differences between home office, teleworking and mobile work. All forms of work require not only clear rules, but also an open working culture in the company. We explain what exactly that means here.
Not all home offices are the same
Those who work from home quickly speak of the home office. However, there is a clear differentiation between different working methods. For example, a distinction is made between teleworking and working from home, with its own occupational health and safety regulations.
Definition of teleworking
In the 2016 amendment to the Workplace Ordinance (ArbStättV), the terms home office and telework were defined for the first time. Teleworkplaces are therefore "computer workstations permanently set up by the employer in the private area of the employees". This workplace is only considered a teleworking workplace if teleworking between the employee and employer has been recorded in writing and in a contract. This includes both the weekly working hours and the necessary equipment, which is equipped by the employer. For example, the employer is obliged to provide the necessary work and communication equipment, as well as the furniture.
For example, teleworking: After the birth of her second child, our secretary wanted to look after her children at home and asked to work from home three days a week. It was contractually agreed that the screen space would now also be set up at home and that she would carry out her activities from there.
Definition of home office
During the Corona pandemic, many employees were sent to work from home. This is not the same as teleworking, because the home office is only temporary work from home, which is only carried out occasionally and irregularly. For example, the home office is not intended for the long term and both parties to the employment contract contractually record the agreements on the temporary change of the place of work. Here, too, the employee is provided with any means of work or communication, but not the furniture.
Take the example of working from home: During the Corona pandemic, the entire accounting department was sent to the home office so that it could carry out its work from there and thus prevent infection in the company.
Definition of mobile working
Those who often work on the road, i.e. not at the classic workplace, work remotely. For example, mobile working is a form of work that is not regulated by the Workplace Ordinance. For example, if you travel a lot for your company, you can rent so-called co-work spaces when working remotely, or work out of a hotel. This requires portable or stationary work equipment, which must be provided by the employer.
Take mobile working, for example: A sales representative always has his laptop with him and can coordinate his emails, appointments and all correspondence both from home and on the road.
What should be considered in these new forms of the world of work, and what occupational health and safety precautions must be taken, we will shed light on in a subsequent article. Here, too, both employees and employers are called upon to comply with occupational health and safety measures.