Quite practical: the home office law

Quite practical: the home office law

While working from home was used cautiously in Austria for years, Corona made it a mass phenomenon. And, as is often the case with rapid changes, some time passed before the legal situation was adapted to the new circumstances. But finally the time had come: Habemus' home office law! On this occasion, I would like to briefly present the most important new regulations today.

First of all, the scope of application of the provisions is defined by the new definition of home office (regular performance of work in the employee's home). The definition also includes residential buildings, secondary residences and apartments of close relatives or life partners, but not public places. 

As before, there must be an individual contractual agreement between employer and employee for home office, which must be in writing (a lack of written form should not lead to the agreement being invalid). There is therefore no unilateral right to take over or make orders, nor is there any power to regulate through a works agreement. However, a works agreement can be concluded to regulate the general conditions. 

It was also stipulated that the employer must provide the necessary work equipment (hardware and software, data connection, if necessary a company cell phone) if home office is not only carried out in isolated cases. This can be deviated from by agreement if the employer bears the costs (if necessary as a flat rate). 

Employee Liability Act

The Employee Liability Act is now also applicable to damage caused by household members if the employee has breached supervisory duties. In addition, the transitional regulation, according to which accidents in the home office are considered work accidents, was introduced for an unlimited period of time (including commuting accidents such as buying lunch in the supermarket). 

Most employee protection regulations also apply when working from home, but with the important exception of workplace-related regulations. However, if the labor inspectorate actually shows up at the door one day, employees are not obliged to allow entry. It should also be mentioned that the regulations regarding working hours and rest periods also apply in the home office. 
Overall, the new regulations and clarifications are to be welcomed - because it looks like home office is here to stay (at least partially) for many.