Draft Law on Remote Work - McDermott Will & Emery

Draft Law on Remote Work

Overview


The last ministerial draft on a law for mobile work included a legal claim for the employees for 24 working days per year. After this draft has failed to pass the preliminary examination of the German Chancellor’s Office, there is now a new draft of the Federal Ministry of Labor and Social Affairs that has been approved by the coalition. According to this draft, employers will in future be obliged to discuss and justify their decisions if employees express the wish to perform their work on a mobile basis. In addition to a legal definition of mobile work, the draft also includes regulations on the recording of working hours, for work safety as well as for the statutory accident insurance. Even though a legal claim to mobile work is not established, the draft includes some challenges for the employer.