Homeoffice means work performed from the employee's own home. Germany has no general statutory right to it; the basis is an agreement in the employment contract or a works agreement. What matters is whether a Telearbeitsplatz under § 2 (7) ArbStättV exists, because only then do the Workplace Ordinance requirements apply, including the duty to equip the workstation and to carry out a risk assessment. Working time law, occupational safety, and accident insurance apply unchanged.
Homeoffice has to be distinguished from mobiles Arbeiten (mobile work), where no fixed workstation exists. The distinction is not academic: it decides whether the Workplace Ordinance (ArbStättV) applies.
At a glance
- No general statutory right (as of August 2026)
- A Telearbeitsplatz under § 2 (7) ArbStättV exists where the employer permanently sets up a screen workstation in the home and both the duration and weekly working time are agreed
- Only then do the ArbStättV requirements apply, including risk assessment and instruction
- The Working Hours Act applies unchanged, including time recording
- Statutory accident insurance covers home working to the same extent as work on site (§ 8 SGB VII)
- Unilateral revocation is possible only through a valid reservation of revocation or the Direktionsrecht, and then only within reasonable discretion
Telearbeitsplatz or not
The term "Homeoffice" is not legally defined. What matters is whether a Telearbeitsplatz within the meaning of the ArbStättV exists.
Three things must come together: a screen workstation permanently set up by the employer in the home, an agreed weekly working time, and an agreed duration. The employer must then provide and install the equipment.
Where those conditions are not met, for example because people occasionally work at their own kitchen table, the ArbStättV requirements for Telearbeitsplätze do not apply. The general occupational safety duty under § 3 ArbSchG is unaffected.
In practice: setting up a Telearbeitsplatz brings substantially more duties than occasional working from home. The agreement should therefore say clearly which one is intended.
What belongs in a home office agreement
- Scope and distribution of days, and availability
- Equipment, who bears the cost, and return
- The employer's right of access to the home, which exists only with consent
- Data protection and handling of confidential documents
- Reservation of revocation or a fixed term
FAQ
Must the employer pay for the equipment?
For a Telearbeitsplatz under the ArbStättV, yes, setting it up is part of the employer's duties. Outside that, cost allocation follows the agreement. Without a rule, disputes arise over furniture, internet, and electricity, so the point belongs in every agreement.
May the employer enter the home?
Only with the employee's consent. The inviolability of the home under Art. 13 GG applies to the employer too. An agreed right of access with advance notice is the usual route where an inspection is needed.
Does accident insurance cover work at home?
Yes. Since the clarification in § 8 SGB VII, activities in the home office are insured to the same extent as on site, including trips to childcare. Purely private activities remain outside cover.
Can home office be ended unilaterally?
Only to a limited extent. Where home office is firmly agreed, the agreement binds both sides. A reservation of revocation must state the conditions for revocation and must not unreasonably subordinate the employee's interests.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
