Pondering resignation alternatives: could remote work be a feasible solution?
Getting shifted to a new office location? You might be tempted to go for the home office setup instead. But, here's the catch - your employer isn't obligated to offer you a home office as an alternative. This statement comes straight from a ruling by the Regional Labor Court (LArbG) in Stuttgart.
In a specific case, an employer decided to shut down a location and issued a change of employment notice to an employee. The employee wasn't keen on moving and wanted a home office instead. The employee took legal action by filing a protection against dismissal lawsuit, hoping to prove that the change in working conditions through the change of employment notice is legally ineffective.
The lawsuit was dismissed by the Labor Court Villingen-Schwenningen and the appeal before the Regional Labor Court Stuttgart also hit a dead end. The reason? The employee's workplace disappeared due to the closure of the location, making the dismissal socially justified.
The Home Office Ain't Mandatory
If you're thinking that your employment contract or company practices could force your employer to offer you a home office, think again. The court considered it perfectly valid for the employer to require you to continue your job at the new location following the closure. A home office position would only have been necessary if it was already agreed in the contract or was the norm within the company.
An appeal on the ruling has been filed with the Federal Labor Court (Az.: 2 AZR 302/24).
The Fine Print
While German employment law doesn't force employers to offer a home office option when relocating employees, there are still some guidelines to consider:
- Commuter Allowance: As of January 1, 2026, the commuter allowance in Germany will increase to 38 cents per kilometer, which can help ease the financial burden of longer commutes. But, this doesn't necessarily mean employers will offer you a home office.
- Reasonable Assignments: Employers have the right to assign tasks or locations, but only if they're reasonable for employees. This includes considering factors like significant changes in commute time or work environment. German law doesn't explicitly include home office options as a requirement for relocation, but employers might offer home office options to make assignments more reasonable, especially in cases involving significant commute changes.
- Home Office and Remote Work: With the growing acceptance of home offices and remote work, some employers might voluntarily offer flexible work arrangements to maintain a competitive edge or support work-life balance. However, this isn't a legal requirement but a strategic choice.
In a nutshell, while German employment law doesn't compel employers to offer a home office when relocating employees, offering such options could be a part of a company's strategy to make relocations more manageable and appealing.
categories:- Legal Questions- Employers- Employees- Judgments- Dismissal- Unemployment- Severance Pay- Courts- Profession
- Despite the growing trend of remote work and home offices, German employment law does not mandate employers to offer a home office as an alternative to relocation, unless it is already agreed in the employment contract or is a norm within the company.
- Employers might consider offering home office options as a way to make assignments more reasonable, especially in cases involving significant commute changes, due to factors such as commuting costs (with the increase in commuter allowance to 38 cents per kilometer from January 1, 2026) and work-life balance, but this is a strategic choice rather than a legal requirement in the context of relocation.
