Can your boss just revocate the possibility to do “telework”? Is the consent of the work council necessary?
If an employer intends to revoke a telework agreement, it must generally obtain the consent of the works council: Federal Labour Court, decision of 20.10.2021, 7 ABR 34/20.
The Case: In a recent case, the question arose as to whether the revocation of a telework agreement constituted a transfer within the meaning of section 99 (1) BetrVG and thus required the works council’s consent. The Federal Labour Court (Bundesarbeitsgericht, BAG) now announced in a decision of 20.10.2021, 7 ABR 34/20, that the termination of alternating telework is in principle a transfer subject to co-determination. However, since the employer gave plausible reasons for the transfer, the BAG did not grant the works council the right to object.
After the corona pandemic a lot of regulations have changed and labour law generally adapt from time to time to the changes of the community and the needs of the employees. We are labour law experts and you can easily book an appointment with us by sending an e-mail at firstname.lastname@example.org
So do you already know the difference between the terminology Homeoffice, smart work, telework etc.? Have a look at our other articles.