Employment law for hybrid working

Hybrid working, i.e. a combination of home office and presence in the office, is on everyone's lips. Many companies have recognized the advantages of the flexible working model and want to establish it in the long term. But as tempting as this sounds, there are some legal stumbling blocks to consider. In this article, we provide an overview of the most important aspects of employment law and show what companies should pay attention to when implementing hybrid working.

Labor law and hybrid work – a complex field

German labor law is multifaceted, ranging from the Working Hours Act to occupational safety and data protection. All of these topics also play an important role in hybrid work and present new challenges for employers and employees alike. This is because many of the existing regulations are tailored to traditional on-site work in the office. Hybrid work models therefore often require a rethink and an adaptation of existing agreements.

The five most important aspects of labor law at a glance

1. Working hours and overtime

One of the key issues in hybrid working is working hours. How do you track working hours when employees sometimes work at home? And how do you prevent unpaid overtime due to constant availability? A clear regulation is needed here.

Tip: Define clear time slots in which employees must be available and ensure that the statutory rest periods are observed. Use digital time tracking systems to document working hours even when employees are working from home. And make your employees aware of the need to avoid overtime and take time off.

2. Occupational safety and health

Employers have a duty of care for their employees – even when they work from home. They must ensure that the home workplace is ergonomically designed and that the work does not become a burden. At the same time, employees working from home have an increased personal responsibility for their health.

Tip: Offer your employees support in setting up an ergonomic home workplace, for example, through individual advice or a subsidy for ergonomic furniture. Also address mental health issues such as isolation or the blurring of boundaries and offer help such as coaching or training.

3. Data protection and confidentiality

Sensitive company data is often processed in the home office. This presents new challenges for data protection. How do you ensure that confidential information is protected when employees access it from home? And what happens if third parties gain access to it?

Tip: Make sure that all employees have the necessary technical equipment to process data securely. This includes encrypted connections, firewalls and up-to-date virus protection programs. You should also raise your employees' awareness of data protection and train them in how to handle confidential information.

4. Liability and insurance protection

One aspect that is often underestimated is the question of liability when working from home. What happens if employees cause damage at home? Or if they have an accident themselves? There are some legal grey areas here that need to be clarified.

Tip: Check whether your company liability insurance also covers damage in the home office and adjust it if necessary. Also, inform your employees about the existing accident insurance coverage and make them aware of possible dangers in the home work environment.

5. Co-determination and company agreement

Last but not least, the co-determination rights of the works council also play an important role in the introduction of hybrid working models. Many aspects such as working hours, place of work or the use of work equipment are subject to co-determination and require agreement with the employee representatives.

Tip: Involve the works council in the planning at an early stage and work together to develop a company agreement on hybrid working. This will enable you to make binding arrangements for all the relevant aspects, such as working hours, availability, equipment or cost coverage. This way, you can ensure legal certainty for everyone involved.

Make hybrid working legally watertight – here's how!

The legal challenges of hybrid working are many and varied, but they can be overcome. It is important that companies address the relevant issues at an early stage and establish clear rules. The top priority should always be the protection and health of employees.

In addition, existing agreements and contracts need to be reviewed and adapted to the new circumstances. Close coordination with the works council, human resources department and external experts can help to avoid legal pitfalls.

One thing is clear: hybrid working requires a rethink and a portion of courage to break new ground. However, if you keep the legal aspects in mind and communicate openly with all parties involved, you will be able to fully exploit the advantages of the flexible working model. And in doing so, not only increase the satisfaction of your employees, but also remain attractive and future-oriented as an employer.