Navigating Control in the Home Office: An Interview with Lawyer Georg Streit

Control in the home office is implicit

INTERVIEW. Lawyer Georg dispute about the control of mail servers, social media, ERP programs and how far employers are allowed to monitor employees in the home office.

BOSS INFO: Can a manager (re)read business emails on the company mail server?
George dispute: Yes, but business content – and the control should be agreed or announced in advance. Private e-mails may not be viewed.

There are always cases where an employee is officially sick but posts photos of leisure activities at the said time. How much can a manager use this private information?
Streit: If the employee posts publicly – or within a group of addressees that also includes colleagues and/or superiors – the employer can use this information. He should keep in mind that a photo posted at a certain time does not mean that the activity took place at that time. In addition, it is not fundamentally forbidden for the employer to do something when he is sick – he just may not do anything that is detrimental to his recovery. It depends on the doctor’s confirmation. However, if the employee clearly sets a reason for dismissal and the public posting also proves this, the employer can certainly use this.

Home office and hybrid working environments entail a certain loss of control for employers. What options does a manager have to check the compulsory attendance that also applies in the home office?
Streit: A control in the home office is implicit anyway. If the output of the employees is correct, they can be reached in principle and respond to inquiries, there is no factual or legal reason to monitor more closely. If there is also (automated) time recording in the company and if the employees also use this system in the home office, then there is at least a minimum of control. If it turns out that there are delays and longer reaction times in the home office, you can replace “monitoring” with regular contact – or cancel the home office agreement. The basic requirement for the offer is a certain amount of trust – if this cannot be given, or if you do not want to give it, you should not offer home office at all or only for exceptional cases. In any case, it is advisable to include specific termination options in the home office agreements.