Tips, recommendations and common pitfalls.
If there is an agreement on the provision of work in the form of teleworking, which is to apply only for the period of impairment caused by COVID-19, the employer should reserve the right to withdraw the agreement. With regard to health and safety in case of teleworking, the employer should inform the employee comprehensively on occupational safety and should ask the employee to confirm that their workplace at home complies with legal requirements. Compliance with occupational safety should be defined as a condition for teleworking. It should also be agreed that the employer is granted a right of access for possible inspection of the occupational safety, which, unless agreed upon, does not exist due to the fundamental protection of the home under the German Constitution.