Can My Employer Force Me to Move After a Relocation Notice? Let's Talk Home Office!
Pondering Resignation Options: Can One Work from Home instead?
Say your workplace shifts base, and you don't fancy the journey to the new location. The thought of a home office setup sounds enticing, but can you demand one from your employer? The answer isn't a straightforward yes, according to a ruling by the Regional Labor Court (LArbG) Stuttgart (AZ.: 9 Sa 42/24).
In this case, an employer chose to shutter a location, prompting an employee to argue for a home office arrangement rather than move. The employee argued that the change in working conditions due to the relocation notice was invalid. Unfortunately for them, both the labor court in Villingen-Schwenningen and the appeal to the Regional Labor Court in Stuttgart were dismissive. The reason? The dismissal was deemed socially justified since the employee's workplace vanished with the closure of the location.
But remember, every situation is different. Here's what you need to know if you find yourself in a similar pickle:
Employers Aren't Forced to Offer Home Office
If a change in employment location is unavoidable, employers are not compelled to provide you with a home office setup, despite your preferences.
Remote Work May Still Be Possible, But...
Hold on! It's not all doom and gloom. If your contract or company policies don't specify remote work as an option, employers might consider it as a concession. It's all about negotiation. A home office setup could be agreed upon if relocation isn't feasible. Keep in mind, the new arrangement must comply with employment laws and not unfairly impact specific groups like those with disabilities.
Legal Requirements:
- Mobility Clauses: If your employment contract contains a mobility clause, you're likely required to relocate if the employer acts reasonably. These clauses must be precise and not broad or unfair.
- Reasonableness: Even without a mobility clause, employers may imply a duty to relocate if it's essential for business operations and the new location is reasonably accessible. Factors like travel time and notice period need consideration.
Your Action Plan:
- Check Your Contract: Look for mobility clauses or any mention of remote work options.
- Research Local Labor Laws: Understand the legal requirements for relocation and remote work in your area.
- Negotiate: Discuss the possibility of a home office arrangement with your employer, highlighting the benefits and any challenges associated with relocation.
- Get Legal Advice: If all else fails, consider consulting a labor lawyer to help you navigate your situation.
In the end, a home office setup isn't a guaranteed option, but with careful negotiation and an understanding of your legal rights, it could be a possibility. Don't forget: every employer and employee is unique, and outcomes will vary depending on the specifics of your contract, your workplace, and your individual situation.
Sources: ntv.de, awi/dpa
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- In the event of a relocation notice, the employer is not legally obligated to offer a home office setup, but may consider it as a concession, depending on the specifics of the contract, company policies, and the employee's situation.
- To negotiate a home office setup effectively, it is essential for employees to thoroughly review their employment contracts for mobility clauses, research local labor laws, discuss the possibility with their employer, and consult a labor lawyer, if necessary, to understand their legal rights and potential outcomes.
