In view of rising energy prices and the uncertain supply situation, businesses in many countries are required to save energy. At the same time they face limitations and uncertainties due to the legal framework.
Energy prices are rising for reasons including the war in Ukraine, and the supply situation has become more uncertain. Some governments have already called on businesses to save energy and have adopted regulations regarding, among other things, the use of air conditioning and heating. In other countries, measures like obliging employees to work from home are being discussed but a legal framework for this has not yet been provided.
In Germany, it’s currently being discussed whether employers can require their employees to work from home in winter to save energy. This could provide for a significant decrease in energy consumption, but only when whole departments or floors would remain unused and unheated and employees would work at home in rooms that are being heated anyway. However, experts see the greatest energy saving potential in the fact that no energy is used for commuting when working from home.
But employers in Germany cannot simply order their employees to work from home if there is no corresponding provision in the employment contract or a works agreement, as this would otherwise be an encroachment on the employees’ constitutionally guaranteed right of disposal over their home. Also, employers will not be able to rely on old company...
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