Working from home and mobile working have long been part of everyday working life. Nevertheless, the two terms are often confused, even though they entail very different legal requirements. Any employer or employee who fails to establish clear rules in this regard risks conflicts and legal problems.
What is the difference?
Working from home refers to working at a fixed, permanently set-up workstation outside the workplace, typically in one’s own home. Mobile working, on the other hand, refers to working in different locations, such as on a train, in a hotel or in a café. The employee simply needs to be contactable, but is not tied to a specific location.
Health and safety at work: The differences are significant
When working from home, the same health and safety standards generally apply as in the office. If the employer sets up the home workspace, the Workplace Regulations even apply. This means that the employer is responsible for ensuring the workspace is properly equipped – from the office chair to the desk – and bears the costs of this.
The regulations are less strict when it comes to mobile working. The Workplaces (Safety and Health) Regulations do not apply in this context, as no employer can assess the safety of a hotel armchair. Nevertheless, obligations such as the risk assessment required under the Occupational Health and Safety Act or safety briefings still apply, albeit in a limited form.
No return to the office without a valid reason
There is no legal entitlement to work from home. Employers may grant or refuse this arrangement. Conversely, they are not permitted to impose it unilaterally. However, anyone wishing to revoke existing work-from-home arrangements faces greater obstacles than many realise.
In its ruling of 11 February 2026 (Case No. 3 Ca 6587/25), the Düsseldorf Labour Court held that, whilst a long-standing practice of working from home does not establish a fixed entitlement, an instruction to return to the workplace is only valid if it is in accordance with reasonable discretion. In this specific case, the employer was unable to demonstrate plausibly why the employee’s physical presence would resolve the alleged communication problems, particularly as the employee’s contacts continued to work remotely. The instruction was invalid. It should be noted that this is a first-instance ruling. Other courts sometimes apply less stringent criteria when assessing the requirements for such instructions to return to the workplace.
Working hours, rest periods and data protection
The same rules apply to the recording of working hours when working from home or on the move as they do in the office. Employers must record the start and end times and the duration of the daily working hours, including breaks.
Remote working poses a particular risk: it is more difficult to comply with the statutory 11-hour rest period. Anyone who quickly checks their emails on the train in the evening is, strictly speaking, interrupting their rest period. The risk of unintentional breaches of working time regulations is therefore significantly higher when working remotely.
The same data protection obligations apply everywhere. However, in cafés or on the train, the risk of unauthorised disclosure of confidential data is significantly greater than at your desk at home.
Costs and practical information
Working from home is generally more expensive than mobile working. Employers may be required to provide work equipment and furnishings. If these are not provided, the employee is entitled to reimbursement of expenses. An exception applies if the employer provides an office workstation on the premises and the employee chooses to work from home at their own request.
- Clear written agreements help to avoid disputes later on.
- Policies on working from home should cover health and safety, reimbursement of expenses and availability.
- When working remotely, it is advisable to have guidelines in place regarding data protection and the recording of working hours.
Any employer or employee who has specific questions about the structure of such schemes should seek legal advice, as the details depend heavily on the particular employment relationship and any existing agreements.
Source: Haufe: Human Resources
This article was created with the help of AI and has been editorially reviewed.
