Can my boss forbid me from working remotely if I was allowed to do it before?

wolf1992 DE 📗 Student 👁 69 ⚑ Report Labor Law

At our company, we were able to work from home for the last two years. Now the boss wants everyone to come into the office three days a week starting in September. But some of us have changed our living situations in that time and now have a commute of over an hour. Can he just change the rules like that, or do I have a legal right to keep the previous work-from-home arrangement?

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Your boss can basically do that, yeah! Unfortunately, legally it's not as simple as "I've been doing this for two years, so it's my right now." The work-from-home arrangement was a voluntary allowance from your employer, not a contractual promise for eternity - if it's not explicitly laid out in your employment contract or a works agreement. But that doesn't mean you're completely helpless!

What you should do now: Check your employment contract and ask whether there's a works agreement about remote work. If there is, things could be different. Otherwise, you can talk to your boss or HR - not in a combative way, but matter-of-factly. Explain your situation (long commute, living situation has changed) and ask if you can find a solution together. A lot of bosses are more open when you ask nicely instead of just accepting a no. Maybe you'll agree on two days instead of three, or more flexible days.

If nothing works out and you'd have to travel a really long distance, your union or works council could help you - but without a contractual basis, unfortunately your options are pretty limited. Sorry, but that's just the legal reality!

The important thing is: check your employment contract and any works agreements - they'll show whether remote work is actually stipulated or whether it was just voluntary goodwill on your employer's part. If there's nothing in there, your boss actually is right to change the arrangement, even if it's been that way for two years. However, they do have to give you a reasonable transition period and can't just flip everything upside down overnight - your changed living situation could also play a role here if you argue that the new arrangement is unreasonable for you (especially if other colleagues have similar issues). If several of you are affected, you might be able to negotiate with your boss as a group about whether some kind of hybrid arrangement is possible.

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