Germany doesn’t have a general legal right to work from home — despite years of political debate. What you have depends entirely on your employment contract, any company-wide Betriebsvereinbarung (works agreement), or a mutual agreement with your employer. The pandemic changed expectations, but not the law.
What Employers Must Provide
If your employer designates your home as a workplace, they must ensure it meets occupational safety standards (Arbeitsstättenverordnung) — proper lighting, ergonomic setup, adequate internet. In practice, employers issue a formal Homeoffice agreement specifying the setup requirements and who pays for equipment. You can’t be legally forced to convert your home into a workplace without an agreement.
The Homeoffice Day Request
The Betriebsverfassungsgesetz (Works Constitution Act) gives workers’ councils (Betriebsrat) the right to negotiate Homeoffice arrangements at the company level. If your company has a Betriebsrat and a Homeoffice agreement exists, you can request days under those terms. If neither exists, it’s a negotiation between you and your manager.
Cost Reimbursements
You can deduct Homeoffice costs from taxes: €6 per day (up to 210 days, so €1,260 max per year as of 2023) for a general home office deduction, even without a dedicated room. If you have a dedicated, exclusively used room, you can deduct actual costs proportionally based on room size vs. apartment size.
Equipment Ownership
If your employer provides work equipment (laptop, monitor, keyboard) for home use, it remains company property. You’re responsible for its security and return upon leaving. If you use personal equipment, you may request reimbursement — but this must be agreed in writing. Company equipment used for personal purposes creates liability questions; establish clear rules early.
The Practical Reality
Most knowledge workers in Germany now have 2–3 Homeoffice days per week. Companies that offer none struggle to recruit talent. Those that offer full remote have better candidates but face management culture resistance. Ask about the Homeoffice policy specifically during job interviews — before, not after, the offer.
