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.
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So do you already know the difference between the terminology Homeoffice, smart work, telework etc.? Have a look at our other articles.