Remote work (German: "Mobiles Arbeiten") refers to a location-independent form of work where employees perform their tasks at varying locations outside the company premises – such as on a train, in a café, or at home. Unlike telework, no fixed home-based workplace is required, which means the German Workplace Ordinance does not apply. In Germany, there is currently no legal entitlement to remote work.
Definition: What Is Remote Work?
Remote work (also known as mobile work or mobile office) is a form of work where employees perform their tasks outside the company premises. The defining characteristic: the work location is not fixed and can be freely chosen. The connection to the company is established via mobile devices such as laptops, tablets, or smartphones.
Unlike telework, the employer does not set up a fixed workplace. Employees can work in a café today, on a train tomorrow, and on their sofa at home the day after. This flexibility makes remote work particularly attractive – but it also comes with specific employment law considerations that you should be aware of as an HR professional.
There is no legal definition of remote work in Germany. The Federal Ministry of Labour and Social Affairs describes mobile work as work performed at a location chosen by the employee or agreed upon with the employer, outside the company premises.
Distinction: Home Office, Telework, and Remote Work
The terms home office, telework, and remote work are often used interchangeably – yet there are significant legal differences.
Telework According to the Workplace Ordinance
Telework is the only one of these work forms that is legally defined in Germany. According to Section 2(7) of the German Workplace Ordinance (Arbeitsstättenverordnung – ArbStättV), telework workplaces are fixed computer workstations set up by the employer in the employee's private residence. Prerequisite: employer and employee have contractually agreed on the conditions, and the employer has provided the necessary equipment (furniture, work materials, communication facilities).
Home Office
In common usage, home office describes working from home. If a fixed workplace is set up, this legally constitutes telework. In practice, home office often refers to a hybrid form: employees regularly work from home without a fully equipped telework station being established.
Remote Work (Mobile Work)
With remote work, there is no fixed workplace outside the company. Employees can work from anywhere – including from home, but not exclusively. The employer provides mobile devices but does not set up a workplace.
Comparison Table
Legal Framework
Even though remote work is not legally defined, important employment law provisions still apply.
Occupational Health and Safety Act (Arbeitsschutzgesetz – ArbSchG)
The Occupational Health and Safety Act applies without restriction – even for remote work. The employer remains responsible for the safety and health of their employees. This includes conducting a risk assessment pursuant to Section 5 ArbSchG and providing instruction to employees pursuant to Section 12 ArbSchG.
Working Hours Act (Arbeitszeitgesetz – ArbZG)
The provisions of the Working Hours Act apply in full. This means: a maximum of 8 working hours per working day (extendable to 10 hours with compensation), at least 11 hours of rest between two working days, and the prohibition of work on Sundays and public holidays. The employer must ensure compliance with these regulations.
Workplace Ordinance – Why It Does Not Apply
The Workplace Ordinance does not apply to remote work. The reason: it would be impossible for the employer to ensure the safety of a table in a café or a chair in a hotel room. The explanatory notes to the ArbStättV clarify that mobile work (occasional work from home, during travel, or without an established computer workstation) is not covered by the ordinance.
Accident Insurance (Social Code Book VII – SGB VII)
Remote work is generally covered by accident insurance – albeit with limitations. Work-related activities and work-related journeys are protected. Private activities are not covered by the insurance. The walk to the coffee machine in your own kitchen, for example, is not insured, unlike the walk to the canteen at the workplace.
Employer Obligations
Risk Assessment
Whether a risk assessment is required for remote work is debated in legal literature. From the protective purpose of the Occupational Health and Safety Act, it could be argued that no comprehensive assessment is necessary for occasional remote work. There is no case law on this question yet. Recommendation: at minimum, document a general instruction on the risks of remote work.
Work Equipment and Cost Coverage
The employer is generally obligated to provide the necessary work equipment. For remote work, this typically includes a laptop, smartphone, and possibly a headset. The costs are borne by the employer. If employees use their own devices, they may have a claim for reimbursement of expenses under Section 670 of the German Civil Code (BGB). Recommendation: establish a clear contractual agreement on cost allocation.
Working Time Recording
The employer remains responsible for compliance with working time regulations, even if they cannot monitor actual working hours. In practice, this means: employees must document their working hours. This can be done via digital time tracking tools or within a trust-based working time arrangement. What matters is having a regulation that both parties can adhere to.
Advantages and Disadvantages for Employers
Advantages:
- Higher job satisfaction and productivity among employees
- Attractiveness as an employer in the competition for skilled workers
- Lower costs compared to telework (no workplace setup required)
- Less stringent occupational health and safety requirements
Disadvantages:
- Limited monitoring possibilities
- Challenges regarding teamwork or independence
- Data protection risks in public places
- Potential isolation of employees
Frequently Asked Questions About Remote Work
What is the difference between home office and remote work?
With home office, employees work at a fixed home-based workplace, often set up by the employer. Remote work is location-independent – employees can work at varying locations (train, café, at home). The key legal difference: the Workplace Ordinance only applies to telework, not to remote work.
Is there a legal entitlement to remote work in Germany?
No, there is currently no legal entitlement to remote work in Germany. The 2021 coalition agreement planned a right to discuss remote work, under which employers would have to discuss employees' requests and could only refuse for operational reasons. However, this plan was not implemented. Agreements are made voluntarily between employers and employees.
Which laws apply to remote work?
The Occupational Health and Safety Act (ArbSchG) applies, with the obligation to conduct risk assessments and provide instruction. The Working Hours Act (ArbZG) also applies, with regulations on maximum working hours, rest periods, and break requirements. The Workplace Ordinance, however, does not apply to remote work. Statutory accident insurance (SGB VII) applies with limitations.
Who pays for equipment for remote work?
Generally, the employer bears the costs for necessary work equipment such as laptops and smartphones. The costs are lower than for telework since no fixed workplace is set up. If employees use their own devices, they may have a claim for reimbursement under Section 670 BGB. A contractual agreement on cost allocation is recommended.
Is remote work covered by accident insurance?
Yes, but with limitations. Work-related activities and work-related journeys are protected. Private activities are not covered by accident insurance. The walk to your own kitchen to get coffee, for example, is not insured – a significant difference from working at the company premises.
Can the employer mandate remote work?
Generally yes, within the scope of the right to issue instructions. However, the employer must observe the limits of reasonable discretion and consider the interests of employees. An instruction to work from one's own private residence requires the employee's consent, as the fundamental right to the inviolability of the home (Article 13 of the German Basic Law) is affected.
How is working time recorded for remote work?
The Working Hours Act applies in full: maximum 8-10 hours per day, at least 11 hours of rest. The employer remains responsible but depends on employees' cooperation. Employees should document their working hours – via digital tools or, in the case of trust-based working time, on their own responsibility. A clear provision in the remote work agreement is essential.
Conclusion
Remote work offers flexibility for employees and can increase attractiveness as an employer. Legally, it is less regulated than telework – the Workplace Ordinance does not apply. Nevertheless, important obligations remain: the Occupational Health and Safety Act and the Working Hours Act must be complied with. For HR professionals, a clear works agreement or individual contractual arrangement is recommended, covering work equipment, cost allocation, and working time recording.
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Sources
- Working Hours Act (Arbeitszeitgesetz – ArbZG). Federal Republic of Germany, 1994.
https://www.gesetze-im-internet.de/arbzg/ - Occupational Health and Safety Act (Arbeitsschutzgesetz – ArbSchG). Federal Republic of Germany, 1996.
https://www.gesetze-im-internet.de/arbschg/ - Workplace Ordinance (Arbeitsstättenverordnung – ArbStättV) – Section 2(7). Federal Ministry of Labour and Social Affairs, 2016.
https://www.gesetze-im-internet.de/arbst_ttv_2004/ - Home Office – Federal Ministry of Labour and Social Affairs. 2025.
https://www.bmas.de/DE/Arbeit/Arbeitsrecht/Teilzeit-flexible-Arbeitszeit/homeoffice.html - Social Code Book VII (SGB VII) – Section 8 Occupational Accident. Federal Republic of Germany, 1996.
https://www.gesetze-im-internet.de/sgb_7/__8.html - Working from Home – Not Only During the SARS-CoV-2 Pandemic. German Social Accident Insurance (DGUV), 2022.
https://publikationen.dguv.de/regelwerk/dguv-informationen/3925/arbeiten-im-homeoffice - Coalition Agreement 2021-2025. Federal Government of Germany, 2021.
https://www.bundesregierung.de/breg-de/aktuelles/koalitionsvertrag-2021-1990800
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