Relocating for Work: Can My Employer Make Me Move, or Can I Just Work from Home Instead?
Pondering the shift in resignation: Can remote work in the Home Office be an alternative?
Want to discuss? Join the conversation on: Facebook | Twitter | WhatsApp | Email | Print | Copy Link
There's a shift in the scenery for some workers. Your employer's moving, and you wonder if you have to follow suit. Working from home seems like a great alternative, but will they allow it? It's a question that's been a hot topic lately, with the Regional Labour Court (LArbG) Stuttgart (AZ.: 9 Sa 42/24) shedding some light on it.
The case: An employer decided to close one location, which meant relocating for employees. One employee wasn't happy about the idea and requested a home office instead. But alas, employers aren't obligated to provide a home office alternative unless it's agreed upon in the contract or commonly practiced within the company.
The employee's average monthly gross salary? A hearty 5,620.53 euros.
Home Office Not a Given
So, the lawsuit went down in flames. With the employee's workplace eliminated due to location closure, the dismissal was deemed socially justified. The court considered it acceptable for the employee to take up their duties at the new location, but only if it was already stipulated in the contract or had been established within the company.
Wondering more about this? Check out our take on employment law termination and who gets the boot first.
This case was appealed to the Federal Labour Court (Az.: 2 AZR 302/24).
Related Topics | Employment Law | Employer Rights | Employee Rights | Court Decisions | Dismissals | Unemployment | Severance Payments
Under German employment law, whether an employer can make you relocate or must offer a home office option depends on several legal and contractual factors.
Employer's Right to Require Relocation
Generally, employers can require employees to relocate if it's stated in the employment contract or if a "change clause" (Versetzungsklausel) exists that allows the employer to change the workplace within reasonable limits. If there's no such clause, mandatory relocation may be more legally challenging and require employee consent. The employer should also consider the principles of reasonableness and good faith under German labor law, ensuring the relocation is justified by legitimate business needs and doesn't impose excessive hardship on the employee.
Home Office Option
Home office isn't a statutory right under German law. Employers aren't obligated to offer a home office option unless stipulated in the employment contract or a collective agreement. The COVID-19 pandemic has increased its acceptance and prevalence, but it's usually an agreement between employer and employee, not a legal entitlement.
New labor law reforms are working to strengthen employees' home office rights, but these are still developing. Consider consulting a German labor law expert for specific cases, as the legislation and court rulings continue to evolve.
In the context of relocating for work, the employer's right to require an employee to move is not set in stone and depends on several legal and contractual factors, as outlined in German employment law. On the other hand, a home office option is not a statutory right under German law, and employers are not obligated to offer this unless explicitly stated in the employment contract or a collective agreement.
In addition, the importance of science and workplace-wellness in modern work environments shouldn't be overlooked. Determining an employee's right to a home office versus being required to relocate can greatly impact their health and wellness, as well as productivity.
