Remote work and telework – in everyday usage, the terms are often used interchangeably. Legally, however, they are not the same. While "home office" is a broader term for working outside the office, telework has a very specific statutory definition – with far-reaching consequences for both employers and employees. What exactly is telework? How does it differ from home office and mobile working? And what requirements apply in 2026? This article answers all the key questions.
What Is Telework? The Legal Definition
Telework is defined in § 2 (7) of the German Workplace Ordinance (ArbStättV) as "permanently established screen workstations set up by the employer in employees' private premises." For these workstations, the employer has agreed a weekly working time with the employee and stipulated the duration of the arrangement.
Two criteria are decisive:
- Permanently established workstation: A durably set up, ergonomically designed screen workstation in the employee's private home – not a kitchen table or sofa
- Set up by the employer: The employer is responsible for establishing and equipping the telework workstation
Telework vs. Home Office vs. Mobile Working
| Feature | Telework | Home Office | Mobile Working |
|---|---|---|---|
| Legal definition | Yes (ArbStättV § 2 (7)) | No | No |
| Place of work | Fixed: at home | Primarily at home | Anywhere (café, hotel, abroad) |
| Workstation | Permanently set up by employer | Variable | Variable |
| Workplace Ordinance | Applies in full | Partially disputed | Does not apply |
| Employer obligations | Comprehensive | Limited | Limited |
In practice, "home office" often refers to any form of working from home – regardless of whether it legally constitutes telework. The distinction is nonetheless important for employers, as the full obligations of the Workplace Ordinance only apply to genuine telework arrangements.
Workplace Ordinance Requirements for Telework Stations
The employer must set up the telework station in a manner that complies with the requirements of the ArbStättV. In concrete terms, this means:
Ergonomics and Equipment
- Suitable office chair and desk (height-adjustable)
- External monitor of sufficient size and resolution
- External keyboard and mouse (a laptop keyboard is not an acceptable permanent solution)
- Adequate lighting (at least 500 lux at the workstation)
- Avoidance of glare from windows or artificial light sources
- Sufficient space for work equipment and freedom of movement
Technical Infrastructure
- Stable internet connection (costs borne by the employer or shared)
- Secure data access (VPN, encrypted connections)
- GDPR-compliant equipment and processing of personal data
Risk Assessment
The employer is obliged to carry out a workplace risk assessment for telework stations as well (§ 5 ArbSchG). In practice, this means the employer must either inspect the workstation in person or have the employee complete a standardised self-assessment form.
Rights and Obligations in Telework
Employer Obligations
- Setting up and maintaining the telework station at the employer's own expense
- Providing all necessary work equipment (laptop, software, printer if required)
- Covering ongoing costs (share of internet and electricity costs, at least proportionally)
- Ensuring occupational health and safety standards at the telework station
- Regular review of working conditions
Employee Rights
- Entitlement to a properly equipped workstation
- Cost coverage by the employer for the setup
- Protection under occupational health and safety legislation – including at home
- Data protection: private data remains private, even on employer-provided devices
Is There a Right to Telework?
Since 2021, German law has included a provision requiring employers to offer their employees home office options where no compelling operational reasons prevent it (§ 28b IfSG – introduced during the pandemic). Outside of pandemic phases, there is no general statutory entitlement to telework. A "right to home office" was discussed in the 2021 coalition agreement but was not enacted.
An entitlement to telework can arise through:
- Agreement in the employment contract
- Works agreement (Betriebsvereinbarung)
- Collective bargaining agreement
- Established company practice (if telework has been consistently granted over time)
Telework and Time Tracking in 2026
The statutory obligation to record working hours applies in full to telework as well. The Court of Justice of the EU (2019) and the Federal Labour Court (BAG, 2022) have confirmed that the start, end and duration of working hours must be recorded regardless of the place of work. Modern time tracking software with web or app access makes this straightforward and legally compliant for remote workers. The planned working time reform of 2026 is expected to enshrine this requirement in statute.
Telework and Data Protection
Employees working from a telework station frequently process personal data – belonging to customers, colleagues or business partners. The same data protection standards that apply in the office must be observed:
- No processing on private devices without a secure separation of data environments
- Screen must not be visible to third parties (family members, housemates)
- Documents must be stored and disposed of securely (no paper waste containing customer data)
- Obligation to report data breaches applies at the telework station as well
Frequently Asked Questions (FAQ)
Is my employer required to fund my desk at home?
If the arrangement constitutes genuine telework under the ArbStättV, then yes – the employer is obliged to set up the workstation at their own expense. In the case of informal home office arrangements without a telework agreement, this obligation does not arise automatically; however, a contribution to costs is possible with tax advantages.
May my employer inspect my telework station?
In order to fulfil their occupational health and safety obligations, the employer has a right to inspect the telework station – but only with prior notice and the employee's consent. This right is limited to the work area and does not extend to the entire home.
Does the Workplace Ordinance apply to occasional home office work?
No – the ArbStättV applies only to permanently established telework stations. Employees who work from home occasionally, without a permanent workstation having been set up, are subject to general occupational health and safety regulations but not to the specific requirements of the ArbStättV.
Conclusion: Define Telework Clearly and Get It Right from the Start
Telework offers genuine benefits – greater flexibility for employees and increased attractiveness and productivity gains for organisations. The prerequisites are a clear written agreement, a properly equipped workstation, and full compliance with occupational health, safety and data protection requirements. Employers who introduce telework half-heartedly risk liability issues and unclear expectations on both sides.