“Home Office”, “Remote” or “Mobile Office”: In an interview, a lawyer explains what the terms mean and whether they even exist under labor law.

Important for applicants: What is the difference between home office, remote and mobile office?

The terms ‘home office’ and ‘mobile work’ or ‘mobile office’ are often used synonymously, as lawyer Christian Solmecke explains: “But the legislature knows neither one nor the other, only so-called ‘telework’.” “Remote” also has no employment law meaning.

“According to the Workplace Ordinance, ‘telework’ means computer workstations set up and equipped by the employer in the employee’s home,” says Solmecke. This is based on a corresponding contractual agreement in which the details are regulated. However, general usage also allows for non-regulated forms of working outside the company.

“Accordingly, ‘home office’ means the possibility of doing the work in one’s own apartment,” explains the lawyer. Mobile working is also part of the non-regulated special form of work. “However, unlike the ‘home office’, the spatial dimension is missing.” Mobile working is characterized solely by the provision of work outside of the company at changing work locations. “This can also include your own apartment, but also traveling by train or staying in a hotel,” says Solmecke.

Home Office: What does that mean in terms of labor law?

Christian Solmecke sees the same legal requirements for all formulations. However, there is a distinction, for example with regard to the scope and reach of the employer’s obligations under labor law. “If there is a so-called teleworkplace, the requirements of the Occupational Health and Safety Act and the Workplace Ordinance must be observed. If, on the other hand, there is home office in the actual sense or mobile work, the Workplace Ordinance does not apply,” explains the lawyer.

However, occupational safety measures must still be observed. Because the insurance protection applies when working at home or on the go as well as in the company. “As long as someone is doing an activity that serves the company and suffers an accident, they enjoy statutory accident protection,” says Solmecke. However, it must be determined in each individual case whether the accident happened during a business or private activity. The lawyer advises every company that offers home office to define binding framework conditions, whether in a company agreement or through individual agreements.

“Home Office”, “Remote” and “Mobile Office” are not labor law terms and do not differ significantly. Legislative requirements are blurred. If a company wants to be really legal, it should offer telecommuting. However, the regulations must then be strictly observed.