Can my employer ban working from home?

Verified by expert panel

In Germany, there is no legal right to work from home -- with one important exception. Legal situation per ArbSchG and Haufe: Employers can generally mandate or prohibit working from home if the employment contract stipulates office presence. Exception: Companies with a works council (BetrVG Section 87 Q043) -- the works council has co-determination rights regarding home office arrangements. The COVID home office obligation has expired (2022). Destatis home office data 2024: 25% of German employees work remotely regularly -- in IT up to 60%. What you can do: (1) If home office is in the contract: The employer cannot unilaterally remove it without a change-of-terms dismissal. (2) If there is no contractual right: Negotiate -- propose a works agreement, reach a direct agreement with your supervisor. (3) If dismissed for refusing to give up home office: Have the labour court review it. Kununu: Home office options are the most rated criterion in 2025 employer reviews.

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