Mobile Work vs. Telework: The Legal Differences Employers Need to Know
Mobile work, telework and home office are often used interchangeably. For employers, however, there are major differences in occupational safety, equipment, costs and co-determination. What HR teams need to know.
“We work mobile.” – “We offer home office.” – “We have telework.” In everyday language the terms are rarely distinguished. For HR, works councils and management, the distinction is crucial: it determines which occupational health and safety rules apply, who bears which costs, and whether the works council has a say.
Mobile work, telework, home office – what is what?
The most important difference is the place of work:
Telework
Telework is defined in the German Workplaces Ordinance (ArbStättV): it is a screen workstation set up by the employer in the employee's private sphere. The employer sets weekly working hours and the duration of the arrangement. There are two variants:
- Home-based telework: The employee works exclusively from home and has no workstation at the company premises.
- Alternating telework: The employee switches between a home workstation and the company premises – i.e. there are two fixed workstations.
Mobile work
Mobile work is not legally defined. It describes the option of working at changing locations outside the company – on a train, in a hotel, in a café or at home. The employee can largely choose the place of work independently. Mobile work does not necessarily require a fixed home workstation.
Home office
Home office is a colloquial umbrella term that is not defined in workplace or occupational safety law. It can mean both telework and mobile work performed from home.
What legal rules apply?
There is no statutory right to telework or mobile work – neither for employers nor for employees. An exception may arise from the employment contract, works agreement, collective agreement or, in absolute exceptional cases, a pandemic situation.
The current German coalition agreement for the 20th legislative period envisages a right to discuss mobile work and home office. Employers should only be able to refuse if operational reasons oppose it. However, this has not yet been enacted into law.
Occupational safety: telework vs. mobile work
This is where the biggest practical difference lies:
| Aspect | Telework | Mobile work |
|---|---|---|
| Applicable rules | ArbSchG + ArbStättV | ArbSchG (ArbStättV does not apply) |
| Risk assessment | Mandatory before work begins | Mandatory under ArbSchG, less specific |
| Workstation design | Annex 6 ArbStättV (ergonomics, light, space) | General principles of ArbSchG |
| Access to home | Required for setup/assessment | Usually not required |
| Instruction | Mandatory | Mandatory |
For telework, the employer must carry out a risk assessment before work begins. This means the employee must allow the employer into their private rooms at least once to evaluate the workstation. For mobile work, the risk assessment under the Occupational Safety Act is also required, but is less detailed. Our free risk assessment tool covers both scenarios.
Equipment and costs: who pays what?
With telework, the employer generally bears the costs of the workstation and necessary equipment – computer, monitor, keyboard, printer, furniture. If the employee uses their own equipment, a claim for reimbursement of expenses may arise.
With mobile work, the ArbStättV does not apply. The employer must still ensure a safe workplace and necessary work equipment, but a complete home workstation is not prescribed. Usually a mobile device, accessories and possibly an allowance are sufficient.
The German Federal Labour Court (BAG, judgment of 12 April 2011 – 9 AZR 14/10) clarified: if the employee has a workstation available in the office and only works from home occasionally, there is no claim for reimbursement of home office costs. Conversely, if the employee works predominantly from home and this is in the employer's interest, the employer has a duty to set up the workstation and bear the costs.
Works council co-determination
The fundamental question of whether telework or mobile work is introduced is an entrepreneurial decision and does not require the works council's consent.
However, the question of how it is designed is subject to co-determination rights under the Works Constitution Act (BetrVG). The following are particularly relevant:
- Section 87 (1) No. 2 BetrVG: working hours
- Section 87 (1) No. 6 BetrVG: surveillance
- Section 87 (1) No. 7 BetrVG: health protection
- Section 87 (1) No. 14 BetrVG: design of mobile work
If the employer stipulates which days require on-site presence or how many days may be worked mobile, this can trigger enforceable co-determination rights – especially when the timing of on-site days is regulated.
Working time, data protection and accident insurance
The Working Time Act (ArbZG) applies equally to all forms of work. Even in the home office or when working mobile, company working hours and time recording must be observed.
Data protection is relevant in both models: confidential data must not be processed on public displays or unsecured networks. A confidentiality clause and clear rules on private use of company devices are advisable.
Accident insurance basically covers telework and mobile work to the same extent as work at the company premises – provided the accident is causally connected to work. The trip to lunch from a home office is now covered by several social court rulings.
Practical recommendations for employers
- Standardise terminology. Define in the employment contract or an addendum whether telework, mobile work or both is meant.
- Differentiate occupational safety. Telework is subject to the ArbStättV with specific obligations; mobile work only needs to meet the ArbSchG standard. Document instruction.
- Regulate equipment. Telework requires a complete ergonomic workstation; mobile work rather mobile devices and an allowance. Our ergonomics check helps assess the home setup.
- Fix the policy in writing. Working hours, availability, on-site days, costs and data protection should be regulated bindingly. The Hybrid Work Policy Generator creates a suitable template.
- Involve the works council early. Clarify which regulations concern the “how” and therefore require co-determination.
Bottom line
Mobile work and telework are not synonyms. Telework is more strictly regulated, requires a fixed, assessed workstation at home and triggers specific equipment and assessment obligations. Mobile work is more flexible but less clearly anchored in workplace law. For companies, conscious terminology and contract design pays off – it avoids legal risks, clarifies cost issues and creates planning certainty for managers and works councils.
Sources: German Workplaces Ordinance (ArbStättV); Occupational Safety Act (ArbSchG); Works Constitution Act (BetrVG); Federal Labour Court, judgment of 12 April 2011 – 9 AZR 14/10; IHK Cologne, “Homeoffice, Telearbeit und mobile Arbeit”; Osborne Clarke, “Update: Rechtliche Regelungen bei Homeoffice und Mobiles Arbeiten” (August 2024); Federal Ministry of Labour and Social Affairs (BMAS), “Recommendations for good hybrid screen work” 2024.
