Common Misconceptions About Mobile Working In Germany

Over the past several years, Germany has emerged as the destination of choice for people looking to set up a new venture or to expand their existing business. In most such cases, the foreign investors make sure to gain detailed information about the various aspects of setting up a GmbH in Germany and the regulations associated with the process. However, they overlook the importance of understanding the similarities and differences in the employment laws as applicable in Germany and other parts of the globe. This is especially true with respect to the concept of mobile working which has become a popular method of working in most other countries. In fact, there are several misconceptions about mobile working that foreign investors need to be aware of to avoid any legal issues with respect to employment laws in Germany.
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Legality Of Mobile Working

Most foreign investors are unaware of the fact that mobile working is not legally allowed within Germany or any other European country except Netherlands. In fact, mobile working is allowed in Germany only if there is a prior provision for the same in the employment contract or company agreement of the employee. Even in such cases, the permission is granted by the employers after thoroughly accessing the reasons that might prompt the employees to make such requests. In fact, employees are not allowed to make this decision on their own and can be issued a warning by the employers if they take any such action without proper permission.
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Mobile Working Is Equivalent To Flexible Work Hours

Most investors forming a GmbH in Germany, believe that allowing the freedom of mobile working to their employees automatically makes it possible for them to choose more flexible working hours. However, this is not true as mobile working is only about change in the place of work rather than about getting flexible timing. The law is extremely strict on this matter and requires the employees opting for this facility to adhere to the same work timings and hours as they used to follow at company location. This is one of the major reasons behind the lesser number of professionals opting for mobile working in Germany.
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Mobile Working Is The Same As Working From Home Office

In most countries, where mobile working is quite popular, the term is often used interchangeably with home office working. However, in Germany, the two concepts are significantly different and hence need to be understood and used as such. Here, allowing an employee to work from a home office requires the employer to set up a fixed workplace outside the company office. Employees opting to work from home office are restricted to this fixed workplace only. On the other hand, mobile working enables an employee to work outside the company without remaining restricted to a fixed workplace.
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Data Protection Takes A Back Seat

Investors considering company formation Germany may allow their employees to undertake mobile working only after ensuring data protection and security beyond company location. The employees are required to take the necessary steps and measures to ensure safety and confidentiality of even the most insignificant data and documents at all times and minimizing the risk of data leakage.
Location: Germany

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