In today's fast-paced business world, companies must be able to react flexibly to changes. One way to achieve this is hybrid working, where employees work both in the office and from home. Such a work environment offers benefits not only for employees, but also for the company itself.
Key facts
- A works agreement is not absolutely necessary, but can make sense in many cases when introducing hybrid work.
- It forms a uniform framework to create the same conditions for all employees to work from home & hybrid offices.
- This includes working hours, technical equipment and possible time limits.
- If there is no works council, uniform framework conditions can still be created with the help of a corporate guideline.
Why are works agreements becoming more important?
By switching to hybrid work In many companies, the question of a works agreement is taking on new significance. This is because the new flexibility of working anywhere and anytime, the new role of managers and the increasing personal responsibility of the workforce must also be retained within the company.
The traditional division in many companies is being lost, structures are being broken up and a new way of working is needed. The question of how the “new normal” is structured often lies with the works council, which must represent the interests of everyone. So that it is uniform Rules for hybrid work There, is then often resorted to a works agreement.
What is a works agreement for hybrid work?
In order to successfully enable hybrid work, it is helpful to conclude a works agreement. This agreement defines the rules and responsibilities for Work model of the future and ensures that everyone involved is on the same page.
In the past, these agreements regulated exemptions regarding home offices. Today, framework conditions are being set for hybrid collaboration defined.
This includes:
- Application (especially in public institutions)
- Eligible group of persons
- Regulations & definition of working hours
- Provision of technical equipment
- Compliance & rules of data protection
- Duration of agreement or hybrid work
It is important to note that such an agreement should be constantly reviewed and adjusted to ensure that it meets the changing needs of the company and employees.
Hybrid working is an important step towards a future-proof work environment and a works agreement can play an important role in implementation.
Is an agreement absolutely necessary?
Works agreements for hybrid work are not absolutely necessary. It is more of a voluntary agreement between the works council and employer for the benefit of the workforce. If an agreement is drawn up, it is a commercial agreement that is legally binding.
With regard to the hybrid working model In principle, there is no legal claim. Until February 1, 2023, employers were required by the Corona Protection Ordinance to offer home offices at all. This basis has now expired. Many are now looking for a permanent solution.
A voluntary works agreement can be the solution here. In order to avoid disputes and create uniform rules, many companies opt for a works agreement. This has the advantage that an amicable solution does not have to be found with each individual employee, but that this is valid for all employment relationships.
No works council available? Is an agreement still possible?
If there is no works council, a corporate agreement can still be concluded. This represents a voluntary framework in the form of an internal company guideline. Here, too, it can be ensured that the same requirements apply to all employees — just on a voluntary basis.
The content of a works agreement in detail
Some key points that should be included in such an agreement include:
Eligible group of persons
The works agreement should clearly identify who can participate in the hybrid work model. In the manufacturing sector in particular, it makes sense to clearly define the group of eligible employees. Because it doesn't always make sense to extend the hybrid work model to the entire workforce.
application
Defining the application is a common practice, particularly in the public sector. In addition to the general works agreement, employers also have employees sign contractual guidelines, which set out in percentage terms how much work can be done from home. However, how the application process works can generally be set out in the works agreement.
perpetuity
Especially in pilot phases, it may be useful to initially limit the guidelines for hybrid work. But even if the working model is implemented permanently, this should be defined.
The following options are considered here:
- Unlimited duration
- Purpose-specific introduction, e.g. in practice-oriented occupations, bureaucratic work processes can also be carried out at home
- Defined period, e.g. test phase of 6 months
- Limited period with option to extend
Location & time requirements
Even though the hybrid model makes it possible to work from anywhere, some guidelines should still be defined depending on the job — particularly with regard to and maintaining data protection or cooperation.
For example, these could be requirements to be in a similar time zone or to a location with a stable Internet connection. Regulating core working hours also helps to give employees a uniform framework while maintaining flexible work arrangements.
fitment
If hybrid work is introduced, the technical equipment must also be right. In many cases, it makes sense to buy laptops and suitable home office equipment. But who pays the costs? As a rule, companies are required to provide the technology to guarantee the activity. This can also be clearly defined in the works agreement
Data protection
Data protection and confidential information must also be guaranteed. The works agreement not only forms the basis for handling internal company data, but also personal data.
These include:
- Encrypting & deploying secure networks
- Adjusting data security rules
- Guidelines for handling personal data
- Training to raise employee awareness
- No control functions on the part of the employer
