We don't have enough laptops in our office and some colleagues are allowed to take one to be able to do home office. Other colleagues have to come to the office. Our team leader preferred colleagues who live far away or have to change several times, but our team leader suffers from a pre-existing illness and, understandably, she should stay at home, she was not at the company a week ago.
Now 2 colleagues who got a laptop have come to the office. One says she prefers to come because at home, the children and the man are very loud. The other one doesn't want to reduce their flextime account, but collects overtime so that they can go to corona on vacation.
I find this attitude very unfair, not in solidarity and irresponsible. Can you force them to work from home? What is the legal situation. How can I best discuss the topic with the employer?
Google times IG Metall, what employees should know about corona
Basically there's no entitlement to home office. This must be expressly agreed. However, there's a right to equal treatment with the other employees. There must be factual reasons why a differentiation is made here. For the rest, the corona crisis is a very special situation. Even if I wrote above that there's basically no entitlement, I would make it clear to the employer that he has a so-called duty of care. From my point of view, but there's still no case law, this means that the employer is obliged to offer home office in such a crisis as far as possible and necessary.
I hope I understood your question correctly. If not, please write again
You must never force anyone to do anything. You can address your colleagues or contact your team management. Whether you can be asked by the AG to the HO also depends on the employment contract. If there were no definitive corona cases in your department so far, then nobody has to stay at home
What you are describing is happening constantly these days, everywhere and in changing shades.
Home office is not possible everywhere and for everyone. Not everyone gets baked because home office requires concentration and discipline and, if possible, a quiet work space at home.
Not everyone behaves in solidarity and some people see their personal advantage, especially in the crisis. And as a boss, I would not send everyone to my home office if I could judge who is making a happy Lenz at home and who is actually working.
I myself work according to the motto: I want to go home in the evening with a clear conscience and I do my work as well and as correctly as possible. I don't care whether others can work less or abseil better now.
In principle, it is not about me, because I live nearby, and I ride my bike or car. The employer offered home office within the scope of his options and I think the distribution is actually fair. If you only leave the house with good reason, and if you can work from home, you have to use this option. I discussed the issue with my colleagues before I go to the management, but they want to reserve the option of coming to the office or staying at home, depending on their mood. Now there's no good working atmosphere in the office because of me.
It's similar in my case. I actually have homework approved before Corona, but our server is not coping with the current situation and my VPN access has been cut off. I can't work at home without a VPN. So I'm forced to go to the office.
This does not bother some of my colleagues in home office, nothing is checked here, the hours are well written. No official instructions come from the boss, the working atmosphere is in a bucket. I'm also the bogeyman, because I can't / don't want to turn my thumbs at home.
As long as my colleagues are not sitting on your skin, I would not open a barrel. Let them be free to choose. Either the client has to exercise its right to issue instructions in connection with duty of care or it tolerates it. If there's a BR or an occupational safety specialist, ask them for advice.
You can present your concern and listen to what he says about it.
