Virtual Information Event about the New Operating Agreement Regarding Home Office and Mobile Working

Staff council can only make operating agreements for employees falling under the definition of the Staff Representation Act (Personalvertretungsgesetz). These are employees covered by collective agreements, public servants as well as academic and student assistants. The definition does not cover professors and assistant lecturers.    

Yes, they can. Their duty of mandatory physical presence does not change that.

The new regulations also apply fully to these employee groups. Only apprentices and trainee public servants are exempted. However, since home office is only allowed for employees with a weekly working time of at least 50 %, people from these employee groups whose weekly working time is less than 50 % might want to consider applying for mobile working instead.

A written agreement is preferable since this can be relied on more than an oral agreement in case of doubt.

Yes, that is possible. However, if you opt for the maximum amount of home office working time (80 %), be aware that any additional mobile working time will be deducted from your home office time. When combining home office and mobile working, employees must still be physically present in the university for at least 20 % of their weekly working time. Being absent for 100 % of your working time is not allowed.

During home office / mobile working, the same rules for working hours apply as when working in the university.

The recording of working hours in home office / mobile working is done in the same way as in the university. Employees using the electronic timekeeping can access it via the web application or book the worked hours into the system next time they work in the university.

No, the time spent traveling from the home office workplace to the place of mobile working may not be counted as working time.

The accident insurance status in the home office workplace is the same as when working in the university.

The same regulations apply as when working in the university.

Employees have the right to apply for home office / mobile working, and superiors must deal with these applications. If the application does not include a statement from the superior, the personnel department will obtain the statement. If the statement is negative, the personnel department determine whether the reasons given are sufficient. Applications may only be rejected for pressing official reasons. If the personnel department plans to reject an application, they must officially involve staff council.

Teleworking is the old name for the old regulations set down in the expired operating agreement. Home office is the name for the new regulations set down in the new operating agreement. However, both legally fulfil the definition of alternating telework according to Workplaces Ordinance (Arbeitsstättenverordnung).    

No, the number of home office places is not limited.

No, only the personnel department takes the decision to approve or reject your application. Superiors can only make a positive or negative statement on the application. If the personnel department plans to reject an application, they must officially involve staff council.

Applications for home office may only be rejected for pressing official reasons. In case this is given as a reason for a negative statement by a superior, the case is individually examined by the personnel department and, if necessary, staff council.

This is still to be determined. However, it is dependent on the chosen technical scenario, on what furniture is needed, etc.

Home office requires a fixed workplace in a private residence, a telephone, an internet connection. Furthermore, the tasks the employee plans to perform there must be suited to home office. There are no further requirements (like, for example, reasons for the application).

No, as long as data security regulations are still adhered to in other ways (e.g. lockable container).

Furniture and facilities are usually provided by the university, and the institution the employee belongs covers the expenses. Furniture for home office workplaces can also be obtained from central furniture storage. Employees may use their own furniture if they so wish, but only if it complies with occupational safety requirements.

You must have a sufficiently large desk (generally 180x80 cm); there must be no trip hazard due to electric cables; lighting conditions must be sufficient; the chair must fulfil ergonomic principles; if necessary for data security reasons, a lockable container is required. If the furnishings do not yet meet the required standards at the time of inspection, occupational safety officers will give you recommendations on how to remedy any defects.

Yes, but only if your weekly working hours are at least 50 %. If you regularly work less than that, you may apply for home office in order to raise your weekly working hours up to 50 %. Exceptions in individual cases are subject to examination.

No, you can also apply for home office with a fixed-term contract. However, if the remaining time on your contract is very short, you might want to consider applying for mobile working instead.

The maximum amount of home office time is 80 % of regular weekly working hours in a week.

Employees must be present in the university a minimum of 20 % of the individual weekly working time every week.

Usually, this is not possible, since this rule is meant to ensure the mutual bond between employee and university. However, exceptions are possible, for example for disabled persons or because of pressing family duties, but each individual case must be examined.

The basis for the calculation is the individual weekly working time. A calculation based on half a year’s working time as with mobile working is not possible.

Mobile working should be used for shorter periods.

Usually, home office is agreed upon for the duration of three years. By application, a shorter period is also possible, but not a longer period.

No, if the superior agrees, home office can be agreed upon without fixing the days of the week.

Yes, if the superior agrees, that is possible.

In theory, it is possible to work in home office less than was agreed occasionally. However, since this touches planning reliability needs of superiors and colleagues, it is only possible if the superior and colleagues agree.

No that is not possible for reasons of tax and social security regulations.

Yes, that is possible.

Yes, that is possible. However, a home office workplace can only be in one place, which must then always be used for the entire home office time. If, for example, an employee wishes to work in their own flat two days a week and in the flat of a person they nurse for an additional day per week, a combination of home office (own flat) and mobile working (flat of the person being nursed) is possible.

Yes, the workplace will usually be examined by the occupational security office and, as the case may be, a member of staff council.

Usually it is, because some examinations (e.g. light metering) can only be done on-site. In individual cases, other ways of examination may be possible, e.g. with the help of photos.

Yes, but only if the workplace still complies with all requirements of occupational and data security. When a second person has access to the workplace and maybe even uses it at the same time, this will have an effect on the environment risk (Umgebungsrisiko) and the technical scenario appropriate for the workplace.

The maximum amount of time you can work in mobile working is 30 % of the individual working time on the basis of half a year.

The basis for the calculation is half a year’s working time, therefore employees can accumulate mobile working time in order to use it at a stretch and then work in the university for the rest of the half-year.

During the transitional period (i.e. until September 30), more than 30 % mobile working is possible if the superior agrees. After that, home office must be used for weekly amounts of remote working time of more than 30 %.

This depends on the individual weekly working time. If you work full-time, 30 % is almost 12 hours, or 1.5 working days per week.

This is due to a regulation issued by the Ministry of the Interior: for mobile working of more than 30 %, workplace ordinance (Arbeitsstättenverordnung) would take effect and require that the university examine the place of mobile working.

Yes, it is possible to work in the university during mobile working time, if the superior agrees.

No, these still count as regular working time if they have been officially authorised. However, you can use them for mobile working if you have applied for it before.

Superiors may decide on applications for mobile working themselves. If they plan to reject an application, they must forward the application to the personnel department with their reasons for rejecting it, and the personnel department then must officially involve staff council.

This depends on the individual case and is part of your superior’s examination of your application. Please talk to your superior about an assessment of your tasks’ security level. Examples for typical tasks and their respective security level can be found in the official procedure for data and information security in home office and mobile working (Dienstanweisung zum Datenschutz und zur Informationssicherheit im Homeoffice und während mobiler Arbeit).

Yes, but only if the data security level allows it and the appropriate technical scenario is employed.

Yes, it will.

No. A lockable container is only necessary if the employee works with documents that must be locked away for data security reasons in the home office workplace.

No, the number is not limited.

Alternatively, the institute could run a locally administrated terminal server.

It is only necessary for the computer in the university to run simultaneously if you are using the thin client scenario. Alternatively, the institute could run a locally administrated terminal server.

No, you can redirect your office phone to your private phone. When you make a call yourself, you could disable the caller ID.

The university is working on a solution, but it will take some more time. Until then, employees will have to use work mobile phones, redirect their office phones to private phones or similar.

Not yet. Some institutions may employ local solutions suited to their needs. 

Yes. If needed, it is possible to obtain a printer and/or scanner as part of the thin client scenario.

No, the existing contract will remain valid until its agreed end date. As before, you will have to apply for a renewal three months before the end date of the contract.

As before, you will have to apply for a renewal three months before the end date of the existing contract.

The framework of minimum 20 % and maximum 80 % weekly working time has not changed. However, changing you existing agreement is still possible. Please talk to your superior about the extent of your home office time and the tasks you will perform in home office, and then contact the personnel department.