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Reader question: Is it ever legally too hot to work from home in Germany?

Germany has regulations on working during a heatwave - but does that also apply to people who work remotely? We take a look.

An employee fans themselves in the office on a hot day.
An employee fans themselves in the office on a hot day. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

The number of people working from home shot up during the Covid pandemic, and though employees no longer have the right to work remotely by law, many have chosen to stick with more flexible arrangements and set up a home office at least part of the week.

This is great news for people who enjoy a lie-in more than a long commute, but there are some downsides. One major issue is that it’s not always clear how Germany’s strict employee protection rules actually apply in a home setting. The rules for working during a heatwave are a good example of this.

How does Germany regulate working in extreme heat? 

By law in Germany, employers are responsible for creating a safe environment for their workers. This means that they should try and keep the temperature below 26C at all times and are legally obliged to take action if the temperature goes above 30C. 

That could include putting blinds on the windows to prevent the glare of the sun, installing air conditioning systems or purchasing fans. In some cases – such as outdoor manual labour – it could also involve starting and finishing earlier in the day. 

And in really high temperatures, employers may simply decide to call the whole thing off and give their employees a ‘hitzefrei’ day – basically a heat-induced day off – to go and cool down in a lake. However, business owners are generally given free rein to decide how hot is too hot in this instance (except in the case of vulnerable workers). 

READ ALSO: Hitzefrei: Is it ever legally too hot to go to work or school in Germany?

Do the heat rules apply to ‘home office?’

Unfortunately not. In most cases in Germany, the company isn’t directly involved in setting up the workspace for an employee that works from home, aside from possibly providing a laptop or phone for remote use. 

“The occupational health and safety regulations regarding room temperature do not apply in this case,” labour law expert Meike Brecklinghaus told German business publication T3N. “This is because the employer does not have direct access to the employee’s workplace and in this respect cannot take remedial action.”

That means that on hot days, it’s the employee’s own responsibility to make sure the environment is suitable for working in. 

woman works from home in Germany

A woman works in her living room at home. Photo: picture alliance/dpa | Daniel Naupold

One duty employers do have, however, is to instruct their workers about the best way to set up a healthy work environment at home, for example by giving guidance on how to regulate the temperature. 

“In the end, it is the employee’s responsibility to maintain his or her workplace in a condition in which he or she can perform his or her work without the threat of health impairments,” Brecklinghaus explained.

What can home office workers do in hot weather?

There are plenty of ways to keep flats cooler in the summer months, including purchasing your own fan, keeping curtains or blinds drawn and ventilating the rooms in the evening or early morning when the weather is cooler.

However, if heat is really becoming a problem, it’s a good idea to communicate this to your employer. This is especially important if you have a health condition that makes it more dangerous to work in hot weather. 

In some cases, you might be able to negotiate for the employer to pay for the purchase of a fan or mobile air conditioner as goodwill gesture. If possible, you could also arrange to travel to the office where the temperature should be better regulated.

Another option for early birds or night owls is to arrange more flexible working hours so you can avoid sweltering at your desk in the midday sun, although this of course depends on operational factors. 

READ ASO: Jobs in Germany: Should foreign workers join a union?

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ENERGY

Why sunny weather in Germany can switch off solar panels

The more the sun shines in the southern German town of Aurach, the more likely it is that Jens Husemann's solar panels will be disconnected from the grid -- an exasperating paradox at a time when Germany is navigating an energy supply crisis.

Why sunny weather in Germany can switch off solar panels

“It’s being switched off every day,” Husemann told AFP during a recent sunny spell, saying there had been more than 120 days of forced shutdowns so far this year.

Husemann, who runs an energy conversion business near Munich, also owns a sprawling solar power system on the flat roof of a transport company in Aurach, Bavaria.

The energy generated flows into power lines run by grid operator N-Ergie, which then distributes it on the network.

But in sunny weather, the power lines are becoming overloaded — leading the grid operator to cut off supply from the solar panels.

“It’s a betrayal of the population,” said Husemann, pointing to soaring electricity prices and a continued push to install more solar panels across Germany.

Europe’s biggest economy is eyeing an ambitious switch to renewables making up 80 percent of its electricity from 2030 in a bid to go carbon neutral.

N-ergie thermal power station

The thermal power station of energy supplier N-Ergie in Nuremberg, southern Germany. (Photo by Christof STACHE / AFP)

But Russia’s invasion of Ukraine has put a spanner in the works.

Moscow has cut gas supplies to Germany by 80 percent, in what is believed to be a bid to weaken the European powerhouse’s resolve in backing Ukraine.

READ ALSO: OPINION: How many massacres will it take for Germany to turn off Russian gas?

As a result, Berlin has been scrambling for alternative sources across the world to replace the shortfall.

This makes it all the more frustrating for Husemann, whose solar panels normally generate enough electricity for 50 households. With the repeated shutdowns, he suspects they will only supply half of their capacity by the end
of the year.

Grid bottlenecks

Grid operator N-Ergie, which is responsible for harvesting electricity from Husemann’s panels, admits the situation is less than ideal.

There were 257 days last year when it had to cut off supply from solar panels on parts of the grid.

“We are currently witnessing — and this is a good thing — an unprecedented boom in photovoltaic parks,” Rainer Kleedoerfer, head of N-Ergie’s development department, told AFP.

An employee of energy supplier N-ERGIE working at the company's network control centre in Nuremberg, southern Germany. 

An employee of energy supplier N-Ergie working at the company’s network control centre in Nuremberg, southern Germany.  (Photo by Christof STACHE / AFP)

But while it takes just a couple of years to commission a solar power plant, updating the necessary infrastructure takes between five and 10 years, he said.

“The number of interventions and the amount of curtailed energy have increased continuously in recent years” as a result, according to N-Ergie spokesman Michael Enderlein.

“The likelihood is that grid bottlenecks will actually increase in the coming years,” while resolving them will take several more years, Enderlein said.

According to Carsten Koenig, managing director of the German Solar Industry Association, the problem is not unique to solar power and also affects wind energy.

READ ALSO: Reader question – Should I modernise my heating system in Germany?

Solar bottlenecks tend to be regional and temporary, he said. “Occasionally, however, we hear that especially in rural areas in Bavaria, the shutdowns are more frequent.”

2.4 million households

Koenig agrees the problem is likely to get worse before it gets better.

“This will be especially true if political measures aimed at sufficiently expanding the power grid in Germany… drag on for too long,” he said.

Some 6.1 terawatt hours of electricity from renewables had to be curtailed in 2020, according to the most recent figures available.

With an average consumption of around 2,500 kilowatt hours per year in a two-person household, this would have been enough to power around 2.4 million households.

A spokesman for Germany’s Federal Network Agency said it did not share the belief that “it will not be possible to expand the network in line with demand in the coming years”.

Only some aspects of the expansion are seeing delays, the spokesman said — mainly due to slow approval procedures and a lack of specialist companies to do the work.

According to Husemann there have also been delays to the payments he is supposed to receive in return for the solar power he supplies — or cannot supply.

He said he is already owed around 35,000 euros ($35,600) for electricity produced so far this year that has never found its way into a socket.

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