Heat-free: Labor law at high temperatures
A heatwave is currently rolling across Europe and many employees are wondering: Do I have a right to heat-free time? Let's take a closer look at the provisions of labor law.
Extreme temperatures often occur in summer. This has an impact on concentration and, particularly in the case of manual work, on performance. In addition to sufficient fluids, air-conditioned rooms are a great help here. But not everyone has the advantage of air conditioning at their workplace. However, we want to clarify the most important question right at the beginning:
Is there a right to heat-free time under labor law?
No. There is no fixed right to heat-free time in labor law. Nevertheless, the Employers have some obligations, react to hot temperatures if conditions permit. Employers must take action here, regardless of whether it is a pure office operation or a craft business where employees are exposed to even greater stress due to the physical exertion outdoors.
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Are there limits for heat protection at which the employer must react?
The technical regulations for workplaces provide guidance for employers. The Workplace Ordinance generally stipulates that the employer must ensure a room temperature in offices, for example, that does not endanger the health of employees. In the event of heat, the above-mentioned Technical Rules for Workplaces specifically stipulate that, if the limit value of 26 degrees on the premises is the responsibility of the employer, for Sun protection for staff to provide. However, this is not the same as a right to a heat-free day, which does not exist even if the room temperature is above 26 degrees. Nevertheless, it must be possible to cover the windows of the business with blinds, for example, to prevent excessive sunlight and rising temperatures.
If the temperature rises above 30 degrees in the office, are Additional measures to be initiated. For example, the employer must provide drinks or adjust working hours. Not suitable for work activities are premises in which the 35-degree mark is torn.
Dress code even in the heat?! Can dress codes be relaxed?
Generally speaking, even in warmer temperatures, employees still have to observe the employer's dress code. This applies in particular to work areas where clothing serves to protect employees. In view of the hot summers, it is advisable to clearly regulate exceptions and also involve employee representatives. For example, ties or jackets can be dispensed with in the business area above a certain limit.
Can the employer order me to continue working in a cooler office?
This is possible. If an office exceeds the temperatures described above and the employee no longer feels able to fulfill their work assignment in their office, the employer can order the employee to work in a cooler office.
Heat protection requirements not met - what penalties are possible?
Although the workplace regulations are not comparable with statutory requirements or ordinances, employers are nevertheless threatened with severe penalties, if they recklessly put the health of employees at risk at high temperatures. If this can be proven, fines or even imprisonment may be imposed.
Heat-free at home: What rules apply when working from home?
Since coronavirus at the latest, working from home has become a popular way of working that is increasingly becoming a reality in many companies. But can employees working from home demand heat-free working hours from their employer? The most relevant question here is whether the workplace located at home is actually a teleworking workplace set up by the employer. Similar conditions must be observed here as at workplaces in the company. In reality, however, home office workplaces are often not set up by the employer and are simply the employee's private office or living room. The provisions of workplace law do not apply there, as in the vast majority of cases it is also possible to attend the workplace as normal.
We will be happy to advise you as an employee or employer on all matters relating to employment law.
Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
