Germany: disagreement over creation of ‘right’ to work remotely

When presenting an array of plans to modernise the world of work last September, Germany’s minister of employment and social affairs Hubertus Heil (of the SPD) announced his intention to draft a law that would enshrine employees’ right to work remotely (see article n°10964). At the weekend, the minister clarified his schedule; he plans to present the bill by the coming autumn at the latest. “All those who wish to do so, and whose jobs allow it, should have the right to work from home, including when the coronavirus pandemic is over,” Mr Heil said. According to data available to the minister, the ongoing pandemic has increased the proportion of employees working remotely from 12% to 25%. “This represents nearly 8 million men and women who do their work from home … And they must continue to be able to do so in the future,” according to Mr Heil, whose plan is to create a right to work remotely on a part-time and even full-time basis.  The minister is also promising that his bill will contain fair rules that will prevent work from encroaching on private life. While the SPD’s conservative partners in the coalition government remained silent on the topic, the opposition parties, both environmental and liberal, welcomed the minister’s plans. “Modernising the legal framework for remote work and mobile work is long overdue,” said Johannes Vogel, a Liberal Party (FDP) member in charge of employment issues for his group. On the other hand, the Confederation of German Employers’ Associations (BDA) has made it clear that it will not hesitate to oppose the plans if they take shape. Though not in opposition to the development of remote working, the BDA does not believe lawmakers should intervene in this area and impose additional rules.