Important: Please note that only the German version of these regulations is legally valid. The English version is a support for the reader.
Preamble
Mobile working is a contemporary and innovative form of work that allows work to be organized more flexibly in terms of time and space. It can make an important contribution to creating employee-friendly and flexible structures, in particular to promote work-life balance. Employees have a special responsibility to organize and structure their working day independently.
The Executive Board of the Heidelberg Academy of Sciences and Humanities (HAdW) and the HAdW Staff Council are in favour of the possibility of making work and duties more flexible in terms of location. Mobile working has already been successfully tested in recent years. In order to ensure the long-term implementation of mobile working, personal needs and official requirements must be carefully considered and coordinated.
The following regulations therefore apply:
1. Definition and principle
For the purposes of this service agreement, mobile work means that the work can be performed from a suitable location other than the regular place of work, whereby the requirements of Clauses 8 and 10 of this service agreement in particular must be met. The possibility of mobile working is not tied to a specific location. Teleworking or home office do not fall under the term “mobile work” as used in this service agreement, as the two terms mentioned are usually understood to mean a workstation permanently set up by the employer in the employee's private space. This is explicitly not what is meant by mobile work.
If the conditions under point 2 are met, employees have the following options:
1. to regularly work on a mobile basis on at least one and up to two working days per week upon request.
2. to regularly work up to 40% of the monthly working time (quota) on a mobile basis upon request.
3. mobile working hours of more than 40% of the monthly working hours are still only possible in exceptional cases and must be approved by the Management Board in advance.
If the contingent option is chosen, this must be noted on the application form. The working days on which mobile working is permitted are determined in advance with the line manager. In the case of the contingent rule, several half days per week or a block of several days within a month can also be agreed with the line manager. There is no legal entitlement to approval for mobile working (see section 2 below).
Further regulations can (as in the past) be agreed individually with employees after approval by the Executive Board, taking into account their work-related concerns and personal situation. The performance of work in the context of mobile work abroad is generally not permitted.
The provisions of collective agreements apply to mobile work. In addition to the existing employment contracts, all service regulations or service agreements shall continue to apply unchanged or mutatis mutandis, unless expressly agreed otherwise in any separate supplementary agreement to the existing employment relationship.
2. Prerequisites
Mobile work places particularly high demands on employees due to the fact that they are responsible for carrying out the work themselves. Employees must therefore have a relationship of trust with their superiors, sufficient technical knowledge, professional experience, self-discipline, self-motivation, flexibility, the ability to organize themselves and adaptability.
In principle, only activities that can be carried out
- can be carried out independently and on one's own responsibility,
- have comprehensible results,
- can be relocated externally without significantly impairing the process organization.
If it turns out that certain tasks can only be carried out in adequate quality and working time at the workplace, superiors can instruct this. With regard to the technical requirements, the Academy will endeavor to continuously improve these.
Mobile work is carried out at the request of employees. The application requires the consent of the line manager and is approved by the management. Where possible, line managers should ensure that the interests of all their employees are fairly balanced. The timing of mobile working is agreed in consultation with line managers.
Mobile employees have the same responsibility as non-mobile employees, e.g. to integrate new colleagues and bring them up to the same level of knowledge as long-serving employees and to be available to answer questions (including by telephone, e-mail and video conferencing). Mobile working for new colleagues during the induction period must be arranged on an individual basis.
Mobile working is also possible in conjunction with part-time employment, whereby part-time employment should generally comprise at least 50% of a regular full-time position. Mobile work is voluntary. There is no legal entitlement to mobile working, nor to approval of mobile working to the full extent provided for by this service agreement.[1] No obligation may arise from the possibility of mobile working; in particular, employees who cannot or do not wish to participate in mobile working may not suffer any disadvantages as a result. Approval may also be subject to the condition that employees share the workplace and work equipment in the office with other employees for the duration of mobile working (desk sharing), provided there are no official or personal reasons to the contrary.
In addition to the factual and personal requirements, technical and organizational concerns must also be taken into account when deciding whether to allow mobile working. The prompt availability of employees must be ensured at least by email and video conference. A suitable environment must be available for this during off-site work (see section 8, among others).
Employees and supervisors may terminate employees' participation in mobile working in whole or in part at any time with four weeks' notice. If employees participate in desk sharing, it must also be ensured that sufficient workstations and work equipment are available in the office after the end of mobile working. Employees must then perform their work at the company workplace again. The employment contract remains unaffected by this.
In disputed cases regarding the granting of mobile work, the HAdW Executive Board shall decide after consultation with the Staff Council and the management.
3. Working time
The provisions of collective agreements, the Working Hours Act and the applicable flexitime regulations apply to the provision of working hours within the framework of mobile working. Employees are responsible for ensuring that the tasks assigned to them are completed properly and within the specified time.
Any further regulations on working hours or the distribution of working hours, in particular the determination of the days of the week for mobile working, must be agreed individually between the supervisors and the employees in accordance with the requirements of the job.
4. Equipment/working materials
If required, HAdW will provide the laptops required for mobile work within the scope of its possibilities. Necessary consumables (e.g. paper, writing utensils) are provided by HAdW in the same way as at the workstation. Furniture and other work equipment are not provided, as mobile work can be carried out independently of another fixed work location (this is where mobile work differs explicitly from teleworking or home office). HAdW does not assume any costs for the use, maintenance, repair or similar of furniture and work equipment brought in privately or by third parties.
The equipment provided remains the property of HAdW or the State of Baden-Württemberg. It may not be used for private purposes (except for training and further education) or passed on to third parties. The equipment provided must be returned at the end of the mobile work.
5. Costs
HAdW does not contribute to the running costs for the operation of the external place of work (for internet connection/flat rate, electricity, heating, etc.). Travel costs between the company workplace and the external place of work are also not reimbursed.
6. Liability
Liability towards the State of Baden-Württemberg or HAdW for damage to or loss of work equipment is limited to intent and gross negligence. The same principles apply to damage caused to the property of the State of Baden-Württemberg or HAdW by family members living in the household, authorized visitors or other third parties, unless liability insurance covers the damage.
7. Data protection
All possible and appropriate protective measures (encryption, etc.) must be implemented for the transmission of data that is subject to data protection and/or confidential project data. All parties involved shall ensure that the protective measures are complied with. Employees are generally responsible for the secure transportation and storage of company documents.
Employees are obliged to take all necessary measures to prevent third parties from viewing and accessing company data and information. Third parties also include family members, roommates or visitors.
The relevant rules and regulations applicable within the framework of the existing employment relationship shall be applied mutatis mutandis to the external place of work.
8. Occupational health and safety
The external place of work must be located in a room that is approved and intended for a permanent stay and is suitable for the performance of tasks, taking into account the general workplace requirements and applicable statutory regulations on occupational health and safety. The employees themselves are responsible for complying with the general health conditions at the place of work.
If an accident at work occurs during mobile work, the accident insurance regulations apply, in particular § 8 SGB VII.
9. Access rights to the external place of work
The representatives of HAdW or the HAdW Staff Council as well as the HAdW Safety and Data Protection Officer have access to the external place of work if there is a legitimate interest after making an appointment. A legitimate interest exists in particular if there are indications that the external work location does not meet the requirements with regard to occupational health and safety or data security, or if the employer requires access to the work equipment (e.g. files, documents or data carriers) for official reasons.
Employees shall ensure that the persons living with them at home also agree to this access regulation. If the external place of work is not in the employee's own home, the employee must make every reasonable effort to allow the above-mentioned HAdW representatives access. If this is not possible for the employees, they must immediately move their external place of work and all work equipment to their workplace.
10. Operational disruptions/urgent business requirements
Operational disruptions that result in the work to be performed within the scope of mobile work not being able to be performed shall be borne by HAdW. If the work cannot be performed at the external place of work, or if the presence of the employee at the company place of work is required due to business requirements (e.g. need for substitution, meetings that must take place in presence, etc.), the employee must go to the company workplace at the request of the supervisor.
11. Final provisions
The service agreement is concluded by mutual agreement between the Heidelberg Academy of Sciences and Humanities and the Staff Council for all HAdW employees with the exception of student assistants and assistants with a Bachelor's degree (or equivalent). The service agreement comes into force when the last party signs it.
The service agreement can be terminated in writing by either party with two months' notice to the end of a calendar month. After the expiry of the service agreement due to termination, its provisions shall continue to apply until a new service agreement is concluded, but for no longer than six months.
[1] For part-time employees in particular, whose weekly working hours are spread over fewer than five weekdays, mobile working may be granted to a correspondingly lesser extent in order to ensure a minimum presence at the company workplace where necessary.