Arbeitsschutz und Mitbestimmung für die digitale Arbeitswelt. Regelungsmöglichkeiten und Regelungsbedarfe einer dezentraleren Arbeit

The article first defines basic terms for newer forms of decentralised work such as “home office” (as working from home is often called in German), telework, mobile work and remote work and presents the basic legal requirements for occupational health and safety in this area. The authors show that there can be different levels of obligations for employers. They then analyse and systematise the instruments of co-determination in occupational health and safety for mobile work and discuss to what extent a legal system geared to fixed work in a company building is applicable and transferable to digital, mobile work that is not tied to a specific location. In doing so, the authors conclude that the various instruments of co-determination can be used as a contemporary, holistic occupational health and safety system – if they are combined with each other and used consistently. Finally, the authors point out that there is a need to flank the existing co-determination rights with collective bargaining and statutory regulations. Suggestions could be drawn from recent legal regulations in Portugal.