Mobile Working

Company Agreement on Mobile Working

Company Agreement on Mobile Working at the GWDG between the Gesellschaft für wissenschaftliche Datenverarbeitung mbH Göttingen (GWDG), represented by the Managing Director, Burckhardtweg 4, 37077 Göttingen and the Works Council of the Gesellschaft für wissenschaftliche Datenverarbeitung mbH

§1 Preamble

Modern technology and the spread of digital communication devices in the working life make mobile working - especially from home - possible. The parties agree that mobile work-ing offers opportunities for both employees and the company and can be beneficial. Mobile working enables self-determined work arrangements, creates freedom and promotes the compatibility of family and work. For the company, efficiency gains and greater attractive-ness in recruiting new employees are expected. However, mobile working must neither restrict the company’s ability to act, nor result in the constant availability of employees or an increase in the volume of work. All forms of dissolution of work boundaries must be counteracted. The subject of this agreement is the definition of a framework for mobile working while maintaining the previous status of the employees.

§ 2 Scope

This company agreement applies to all employees of the GWDG, with the exception of ap-prentices and trainees.

§ 3 Goals

This company agreement regulates mobile working as a future-oriented form of work at the GWDG according to the principle “different place, same rules”.

The aim here is to make the organization of work more flexible in terms of time and place to

• enable employees to better reconcile family and work as well as individual lifestyles,
• improve the quality and productivity of work,
• increase the attractiveness and competitiveness of the company,
• achieve higher work result and satisfaction through more self-responsibility of the employees in the mode and execution of work.

§ 4 Principles

1. Mobile working includes all work performance owed under the terms of the em-ployment contract that is performed outside the premises operated by GWDG. It can be performed from home as well as at another location outside the business premises. This work is done either online or offline.
2. Mobile working is voluntary for both employees and the company. The employee is free at any time to perform the work on the GWDG premises at any time.
3. A culture of trust must exist and be lived in the respective working group of the em-ployee. The respective superior must ensure that achievable performance targets are agreed upon.
4. The employee must have the ability for self-discipline, self-direction and self-motivation, as well as the ability to maintain relationships and already have a good knowledge of the company and operational processes. It should be natural for the employee to proactively maintain contact with the company.
5. The status as an employee is not changed by working outside the company. The statutory participation rights of the works council are not restricted.
6. Should it be necessary for business reasons, a presence in the company can be or-dered by the respective superior independently of the mobile working regulations.

§ 5 Approval procedure

In the approval procedure, it must be checked for each individual case whether mobile working is compatible with the specific work task. If this requirement is not fulfilled, the obligation to be present in the company remains in force. Mobile working must not interfere with the relevant operational process. Fairness and equal treatment must be ensured in the decision-making process.

The application procedure is as follows: If an employee wishes to make use of the mobile working model, he/she shall agree with the responsible superior on the scope of the work to be performed on a mobile basis (num-ber of working days or hours), on the division between office and mobile work and the man-ner of mutual communication (in particular reachability). This individual arrangement must be recorded in writing. Mobile work can be arranged for a temporary period as well as for the long term. If agreement is reached on these points, the application is accepted. The em-ployee will receive a written response in a timely manner, which will be attached to the minutes of the next employee review meeting.

a) The aim is to reach an agreement between the employee and the group management at departmental level. If there is no agreement, the works council is consulted. If there is still no agreement, the works council and the employer must reach an agreement.

b) As part of the approval procedure, it can be determined whether the entitlement to a fixed office space at agreed times or during absence is to be dropped and replaced by the possibility of using an alternatively provided office space.

The employee and the responsible superior are free to revoke the individual agreement on mobile working or to change it by mutual agreement.

§ 6 Organization of Mobile Working

6.1 Extent

The parties agree that, in principle, mobile working is supported with a volume of up to five working days per week.

6.2 Working hours

In the case of mobile working, the employee is free to distribute his/her working time over the entire week within the applicable company and legal regulations. If the employee chooses to work outside the GWDG-wide agreement on working hours, this does not enti-tle him/her to bonuses or overtime compensation. The applicable working time regulations remain fully in effect. Mobile work is always per-formed within the framework of the working time regulations applicable under collective agreements or employment contracts. This includes, in particular, the observance of statutory rest periods.

An expansion of the working volume through mobile working is expressly not envisaged. All parties of the agreement are aware that mobile working involves a high risk of the dissolu-tion of work boundaries. The respective group leaders and employee must ensure that the applicable working time regulations are observed.

6.3 Time recording

Employees are subject to the applicable regulations on the recording of working hours.

6.5 Availability

During the performance of work, reachability for operational matters and by internal and external contact people must be ensured. Each employee shall coordinate his/her availability with the group leaders. It is agreed that employees have a right to rest and recuperation outside the agreed times of availability. The employees do not have to answer calls or pro-cess assignments beyond the agreed times. This is pointed out to all employees and in par-ticular to their superiors in an appropriate manner.

6.6 Work and communication tools

The GWDG shall provide the employee with a company notebook, if not already available. As a rule, there is no entitlement to be provided with further official work equipment or communication devices. Company regulations for the private use of electronic means of communication also apply to mobile working.

6.7 Duties of superiors

The employee is obliged to observe company matters during mobile working and to maintain contact with the company, colleagues and group leaders. This can be ensured, for example, through participation in group and company meetings, internal appointments or special events, the active use of internal company media and fixed attendance at GWDG premises.

Employees are responsible for ensuring that rest periods are observed and that the limits of their work are not exceeded.

6.9 Attendance at official matters

Irrespective of the respective individual agreement on mobile working, the superior may still order the presence of the employee at appointments in justified official matters. This applies in particular to emergency situations where the presence of the employee on site is deemed necessary. The regulations on mobile working must not restrict the GWDG’s ability to act and can be restricted if necessary.

§ 7 Security / Data protection

Access to work equipment by unauthorized persons must be prevented. Confidential data and information as well as passwords must be protected in such a way that unauthorized persons cannot gain access to them. Company data may not be transferred from the company laptop to external, in particular private, IT systems. Exceptions require the written ap-proval of the GWDG. The VPN of the GWDG is to be used to carry out the work. Furthermore, the same security and data protection regulations apply as on the premises of the GWDG.

§ 8 Liability, Insurance coverage

The GWDG covers the risks arising from mobile working during work-related activities in the same way as is customary for operational activities at the site within the framework of the statutory provisions and restrictions. In mobile working there is an increased personal responsibility for the employees themselves to observe the regulations of occupational health and safety.

§ 9 Final provisions

This company agreement replaces the existing agreement on mobile working and comes into force upon signature. It may be terminated with three months’ notice to the end of the year. Notice of termination must be given in writing. In the event of termination, the works agreement shall continue to have effect.

Insofar as individual provisions of this works agreement are or become invalid due to other legal or collectively agreed provisions, the validity of the rest of the company agreement shall not be affected thereby. The contracting parties undertake to rewrite this works agreement in detail or as a whole if legal provisions make this necessary or if this is deemed necessary by mutual agreement.

The contracting parties will discuss the success and acceptance of the company agree-ment at regular intervals. Suitable criteria will be determined for this purpose. An evaluation will take place annually after the works agreement has come into force.