The current tightening of the Corona regulations also comes with new home office regulations. These regulations are effective until March 15, 2021. The German Federal Ministry of Labor and Social Affairs will be issuing a regulation in the near future according to which employers will have to allow employees to work from home wherever this is possible, provided that the activities permit this. The use of facial masks is planned to become obligatory for activities for which a home office is not possible.
This obligation is intended to come into effect from a so-called seven-day incidence of 50. Especially if there are no compelling operational reasons to the contrary, the obligation will apply.
Furthermore, a minimum area of 10 square meters per employee in each room may not be exceeded in the company, provided that the activities to be carried out permit this. If these measures cannot be implemented completely, the employer has to protect his or her employees by other measures, for example by ventilation and partitioning between workplaces.
Companies are also encouraged to offer flexible working hours to ease the burden on public transport and reduce the number of contacts on buses and trains, which in turn reduces transmission of the virus. Not only employers are being held accountable when it comes to home office, but employees too. Employees are invited to make use of the offer – but they do not have to work from home.
For compliance management systems in companies, this meant that new directives had to be established and introduced to employees. Only a very quick adaptation is good governance and good compliance. Not complying with the regulations is likely to have major consequences for the company and also have a damaging effect on its reputation.
You can also find more advice on this and other corporate law topics on my YouTube channel “Recht hat er!”.
