Germany: telework becomes mandatory ‘where possible’ until 15 March 2021

On 19 January 2021 and in response to fears of the spread of new, more contagious Covid-19 variants, German Chancellor Angela Merkel and the leaders of the Länder agreed to extend and tighten the current lockdown measures until 14 February 2021. Going forward employers will have to allow their employees to work from home, ‘wherever possible.’ Employees who have to travel to their place of work will benefit from new protective measures. To this end, on 20 January 2021 the Bundesrat adopted an ‘Ordinance on coronavirus related occupational health and safety’ that was drawn up by the Social Democratic Labour Minister, Hubertus Heil. The ordinance will come into force on 27 January and will be valid until 15 March.
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Fears stemming from the arrival of new, more contagious variants of Covid-19 have swayed the reluctant conservative ministers in Germany’s governing coalition, which until now had been heeding employers’ federation criticism over compulsory telework. Following a video-conference on January 19, the German Chancellor and the leaders of the Länder gave the go-ahead, inter alia, to plans by Social Democratic Labour Minister Hubertus Heil to significantly increase the number of teleworker...

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