Despite years of political debate, Germany still has no general statutory right to work from home (status: 2026). Whether you can insist on home office — and whether your employer can order you back to the office — depends entirely on your contract, any works agreement, and how the arrangement was practised. For expat employees who accepted a job, or moved cities, on the strength of a „remote-friendly” promise, the legal fine print matters enormously. This article explains where a home-office right can come from, the limits on revocation, how to respond to a return-to-office order, and who pays for the equipment.
The starting point: the employer decides where you work
Under the statutory direction right (§ 106 GewO), the employer determines the place, time and manner of work at its fair discretion, unless the contract fixes these. The workplace is squarely covered: if your contract names Munich as the place of work and says nothing about remote work, the employer can require you to work in Munich. Conversely, the direction right does not allow the employer to order you into home office against your will without a contractual basis, since your private home is constitutionally protected.
Political initiatives for a statutory „right to request” home office have been discussed since 2020 but have not become law — as of 2026, Germany has none.
Where a right to home office can come from
1. A contract clause
The strongest basis. Wording is decisive: „The employee is entitled to work from home up to three days per week” is an enforceable right. „The employee may currently work remotely; the employer may revise this arrangement” is a revocable permission. Many post-pandemic contracts and side letters sit somewhere in between — have the exact wording checked, ideally before you sign.
2. A works agreement (Betriebsvereinbarung)
In companies with a works council, hybrid-work rules often live in a Betriebsvereinbarung. A BV grants employees direct, enforceable rights (§ 77 BetrVG) and cannot be brushed aside by individual management decisions. If your employer announces a return-to-office mandate that contradicts a valid BV, the mandate is ineffective until the BV is properly terminated or renegotiated.
3. Established practice (betriebliche Übung) — handle with care
In theory, a binding entitlement can arise where the employer tolerates or grants home office consistently over time without reservation. In practice, courts are cautious here: pandemic-era remote work is generally treated as an extraordinary arrangement, not a promise for the future, and many policies carried express reservations. Do not build your position on betriebliche Übung alone — it is a supporting argument, not a foundation.
Can the employer order you back to the office?
Where no contractual or collective right exists, yes — in principle. But the order must still satisfy fair discretion (billiges Ermessen, § 106 GewO, § 315 BGB): the employer must weigh its operational interests against your personal circumstances. Relevant factors include:
- How long and how firmly the remote arrangement was practised, and what was promised at hiring;
- Care obligations, health constraints, severe disability;
- Whether you relocated in reliance on the arrangement — and whether the employer knew;
- Whether a functioning workplace actually exists at the office, and the commuting burden;
- Equal treatment: are comparable colleagues allowed to stay remote?
Case law so far has mostly upheld return orders where employees had no contractual right — but orders issued without any weighing of interests, with absurd lead times, or in breach of works-council co-determination have been struck down.
How to respond to a return-to-office order
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Collect the paper basis
Your contract, side letters, the offer email mentioning „remote”, any Betriebsvereinbarung, the written policy, and the order itself.
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Object in writing — politely
State your personal circumstances (care duties, relocation, health) and ask the employer to exercise its discretion, proposing a concrete hybrid model. This creates the record for any later dispute.
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Involve the works council
Where one exists, RTO policies typically touch co-determination rights. The works council can slow, soften or block blanket mandates.
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Comply under protest if pressed
If the employer insists, attend while expressly reserving your rights. This protects you from misconduct allegations while the legal question is fought out.
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Negotiate the endgame
If the relationship is broken over the issue, a negotiated exit with severance often beats a war of attrition — but only on properly reviewed terms.
Who pays for equipment and running costs?
Where home office is mandated by the employer (or the employer provides no office workplace), you can claim reimbursement of necessary expenses by analogy to § 670 BGB — work equipment, and arguably proportionate costs of internet and electricity. The employer must in any event provide the tools needed for the job and remains responsible for occupational health-and-safety standards at the home workstation. Where home office is voluntary and at your request, courts are far more restrictive: there is generally no claim to rent contribution or utilities, and equipment claims depend on the arrangement. Informational tax note: a home-office daily allowance and equipment deductions may help in your tax return — ask a tax advisor about your case.
Insurance cover: accidents at home count
Since the 2021 reform, statutory accident insurance treats home office like the office (§ 8 SGB VII): if you are injured while performing work at home — including the walk to the printer or, notably, accompanying your child to daycare directly before working from home — you are covered by the Berufsgenossenschaft to the same extent as on-site. Purely private detours at home remain uncovered, as they would be at the office.
Working time rules still apply at home
Home office does not suspend the Working Time Act: the same daily limits, rest periods and recording obligations apply at your kitchen table as in the office — see maximum working hours in Germany. Employers who quietly expect evening availability „because you’re home anyway” are accumulating overtime and working-time violations, both of which have cash value in an exit negotiation.
Cross-border home office: a separate minefield
Working from another country — your home country, a holiday flat, „workation” — is legally a different animal from domestic home office. Even short stints can trigger foreign social-security liability, tax consequences for you and a permanent-establishment risk for your employer, plus immigration questions outside the EU. Never work from abroad without express written employer approval and specialist tax and social-security advice.
Worked example
A software engineer, gross salary €6,000/month, joined a Cologne company in 2022 on a contract naming Cologne as place of work but with a side letter: „up to 100% remote work is possible under the current policy”. Relying on this, she moved to Leipzig in 2023 — with her manager’s emailed blessing. In 2026 the company orders all staff back four days per week with six weeks’ notice. Weekly commuting would cost her roughly €700/month in travel and a second room, against a salary of €6,000.
We object in writing, citing the side letter, the relocation made with the employer’s knowledge, and the lack of any individual weighing of interests; the works council separately challenges the blanket mandate. The employer, unwilling to litigate the discretion question, offers a choice: a permanent 1-day-per-month on-site arrangement, or a termination agreement. She prefers to leave. Result after negotiation: termination agreement with 5 months’ notice observed remotely from Leipzig, severance of €18,000 (0.75 monthly salaries per 4 years of service), and an agreed Grade-2 reference — instead of the €9,000 „standard” first offer. Before signing anything like this, read should I sign a termination agreement?
Frequently asked questions
I have worked from home for three years. Doesn’t that alone give me a right to continue?
Not automatically. Betriebliche Übung arguments in the home-office context are weak, especially for pandemic-era arrangements or where policies contained reservations. Your contract wording, side letters and any Betriebsvereinbarung matter far more.
Can my employer force me to work from home to save office space?
Not against your will without a contractual basis. Your home is not the employer’s to commandeer — permanent home office requires your agreement.
My contract says home office „can be revoked at any time”. Is that valid?
Broad revocation clauses in standard contracts are subject to fairness review (§ 307 BGB), and even a valid clause must be exercised with fair discretion — abrupt, reasonless revocation with no transition period is challengeable. Have the clause and the circumstances reviewed together.
Am I insured if I fall down the stairs while working from home?
If the fall happens on a work-related route — to the desk, the printer, or taking your child to daycare before starting work — statutory accident insurance covers it (§ 8 SGB VII). Purely private activities during the day are not covered.
Can I quietly work a few weeks from my home country without telling anyone?
Strongly discouraged. Cross-border remote work can trigger foreign social-security contributions, tax exposure and — in serious cases — grounds for dismissal for working from an unapproved location. Get written approval and specialist advice first.
I refused to return to the office and received a dismissal. Is it valid?
That depends on whether the return order itself was lawful and whether you were warned (Abmahnung) first. These dismissals are frequently attackable — but only if you file the Kündigungsschutzklage within 21 days of receiving notice.