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Home Office Regulations in Austria: What Legal Aspects Do Companies Need to Consider?

5 minutes reading timeAktualisiert am
  • Home Office
  • Labor Law
  • Digitalization
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Companies in Austria must agree on home office arrangements with employees in writing and ensure that work equipment is provided along with occupational safety and time tracking.

The Legal Necessity of the Home Office Agreement

In Austria, it is legally required that home office arrangements be agreed upon in writing between employer and employee. There is no unilateral mandate or entitlement for employees. These regulations are part of the Arbeitsvertragsrechts-Anpassungsgesetz (AVRAG) since April 1, 2021.

This legal regulation requires companies to make clear agreements that are binding for both employer and employee. As a result, any change or termination of this agreement must also be made in writing.

Provision and Cost Reimbursement for Digital Work Equipment

The employer is obliged to provide the necessary digital work equipment for the home office, such as laptops and mobile phones. Alternatively, the employee can use their own devices, in which case the employer must reimburse the appropriate costs.

This regulation ensures that the ability of employees to work from home is not compromised by lack of equipment or financial strain. Therefore, companies must also establish clear criteria for the reimbursement of eligible costs.

Securing Employee Protection in the Home Office

Even in the home office, the provisions of the Austrian ArbeitnehmerInnenschutzgesetz (Employee Protection Act) apply. Companies are required to ensure ergonomic workplace design and consider employees' mental burdens.

Implementation can be achieved through training on ergonomic workplace design and regular discussions to assess mental work strain. The goal is to ensure a safe and healthy workplace even in a home environment.

Obligation to Record Working Hours

In the home office, employers must record employees' working hours just as accurately as in the office. This recording obligation remains unchanged to ensure employee protection and transparency.

It is advisable to use digital time tracking tools that allow for precise and efficient recording and can also serve as proof to labor inspections.

Regulations for Termination of the Home Office Agreement

Both the employer and employee can terminate the home office agreement for just cause with one month's notice at the end of the month.

This regulation provides both parties with flexibility and security to adapt changes in work organization in a timely manner, without the threat of an immediate end to the agreement.

Frequently Asked Questions

Yes, a written agreement between employer and employee is mandatory.

This post was AI-assisted and editorially reviewed.

Sources

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