Law & occupational safety
May the employer inspect the home workstation?
No. The home is protected by Article 13 of the German constitution, so the employer has no general right of entry. However, employers can require employees to cooperate – for example through a digital risk assessment.
Physical inspection of a home office is only possible with the employee's explicit consent. Responsible employers therefore rely on employee cooperation: staff complete a structured self-assessment, document their workstation and equipment, and report deficiencies – without anyone entering their home.
This is exactly where onyo's digital risk assessment comes in: employees complete the check independently while the company retains an overview of documentation, measures and deadlines. This protects your employees' fundamental rights and ensures you meet your occupational health and safety obligations as an employer.
A clear remediation process matters: who reports, who decides, who provides missing equipment and within what timeframe? The assessment must also be updated regularly and its effectiveness reviewed.
Key points
- No access without consent (Art. 13 GG)
- Cooperation duties can be met via self-assessment
- Digital risk assessment protects rights and documentation
- Clear deficiency process and regular updates
Related onyo pages
This page provides professional orientation, not legal or tax advice.
More answers
- What is the difference between home office, telework and mobile work?
- Is a risk assessment mandatory for home office work?
- What fines apply for missing occupational safety in home offices?
- Is an accident in the home office a workplace accident?
- Do employees in Germany have a right to work from home?
- Does the works council co-determine remote work?