German Employers Face Dual Pressure: Heat Protection Mandates and Home-Office Court Ruling
Published on 06/22/2026 at 10:34 | Redaktion boerse-global.de
While temperatures soar past 37.5°C in the Saarland – a June record – the ARGE Düsseldorf (Case No. 3 Ca 6587/25) has ruled that employers cannot arbitrarily cancel existing home-office arrangements without a solid justification. The ruling came after an IT firm demanded four days a week in the office without proving it improved communication or project management.
The court made clear there is no automatic right to a specific home-office quota, but the employer’s directive must be reasonable. Any capricious rollback of remote-work options is legally vulnerable.
Three-Stage Heat Protection for Offices – and a Tough Limit at 35°C
German workplace law does not grant employees a statutory “hitzefrei” (heat-free) day, but the Technical Rules for Workplaces (ASR) A3.5 lay out a binding three-tier system. As soon as room temperatures hit 26°C, employers must take initial steps: activate sun blinds and ventilate early in the morning. At 30°C, action becomes compulsory – providing drinking water, relaxing dress codes, and shifting work to cooler hours. Once the mercury climbs past 35°C, the space is deemed unsuitable without extra cooling. The employer must either install air conditioning or send staff home with full pay.
Walking off the job without permission remains a no-go. Unauthorized absence can lead to disciplinary consequences, including dismissal.
Public Sector Adapts, Delivery Workers Use Sunscreen
Germany’s state governments are handling the heat differently. In North Rhine-Westphalia, ministries are expanding home-office options and relaxing physical presence rules rather than granting blanket time off. Fans, free mineral water, and cooler alternative rooms are being deployed.
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Outdoor workers face a far harder reality. Deutsche Post, with roughly 111,400 delivery staff, advises its couriers to wear long-sleeved shirts, caps, and sunscreen. Home office is impossible for parcel delivery. Instead, the company encourages shaded breaks and plenty of fluids – especially when handling packages weighing up to 31.5 kilograms.
Austria Goes Tougher on Outdoor Work – and Germany Introduces New Tax Rules
Austria has pre-empted its neighbor with stricter heat rules starting in 2026. From January, once the “feels-like” temperature reaches 30°C (warning level 2), written heat-protection plans are mandatory. In construction, work can stop when the temperature exceeds 32.5°C, with 60 percent wage replacement through the social insurance fund.
Back in Germany, tax changes took effect in January 2026. The commuter allowance (Pendlerpauschale) rose to €0.38 per kilometer from the very first kilometer. A new “workdays allowance” simplifies tax deductions for commuting and mobile-work costs.
Health Insurance Steps In: Up to €4,180 for Air Conditioners
Private heat protection is also getting a boost. Under certain conditions, long-term care insurance can grant subsidies of up to €4,180 for air conditioning units – for example when a doctor certifies heat sensitivity. The Mainz Social Court recently confirmed that such applications cannot be blanket-rejected as uneconomical.
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The combination of a pro–home-office court ruling, escalating heat-protection duties, and new tax breaks means German employers must adjust their summer playbooks immediately. Those who ignore the 30°C threshold risk fines and liability.
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