Head of the Chancellery Braun End of the home office obligation from July

Status: 16.06.2021 5:22 p.m.

In all likelihood, employers will no longer have to offer a home office from July. The corresponding obligation expires. The existing hygiene concepts at the workplace should, however, continue to be adhered to. Chancellery chief Helge Braun has announced an end to the home office obligation. Employers would no longer have to offer a home office from July. “The statutory home office obligation is part of the Infection Protection Act – better known as the ’emergency brake’ – and will expire at the end of June,” said Braun of the “Wirtschaftswoche”.

FAQ 04/22/2021

“Favorable situation”

The “Federal Emergency Brake”, which was only introduced in April provides that the federal government can enforce uniform corona protective measures in areas with incidence values ​​above 100. The Infection Protection Act is limited to June 30th. There had recently been talks within the federal government, in particular about an extension of the home office requirement. Braun has now confirmed, however, that the emergency brake will not be extended at this point in time because the situation is currently “favorable”.

Test offer in companies should remain

According to the Ministry of Labor, rules at the workplace are currently being discussed according to the home office obligation. It is only about “basic requirements” at the workplace such as contact reduction, the obligation to test offers and the obligation to hygiene concepts, according to a spokeswoman. Companies must therefore continue to offer employees in companies a corona test twice a week. This emerges from the draft of the new occupational health and safety ordinance of the Federal Ministry of Labor. “We will extend the amended occupational health and safety ordinance so that the protection of employees is in the foreground even when the incidence is falling,” said Federal Labor Minister Hubertus Heil (SPD). In view of the low corona incidences, however, the obligation to work from home can no longer be justified with occupational safety and is therefore no longer applicable. The SPD politician emphasized that a mixture of presence culture and home office would be “the new normal”. “And for that we need a binding legal framework,” stressed Heil.

06/13/2021

Braun: “New edition of the ’emergency brake’ possibly in autumn”

Chancellery chief Braun said of a possible new edition of the “Federal Emergency Brake” that this would depend on the vaccination rate, the effect of the vaccines and the possible spread of further virus mutations in the autumn. “If the numbers went up again, then you would have to decide quickly.” At the moment there is no reason to extend the “federal emergency brake”.

The Federal Council has allowed the nationwide Corona “emergency brake” to pass. The state chamber did not object to the change in the Infection Protection Act, as President Reiner Haseloff announced. Federal President Frank-Walter Steinmeier signed the law, after which it was published in the Federal Law Gazette. In the special session of the Federal Council, however, there was considerable criticism of the bill. The Prime Ministers expressed constitutional concerns and saw problems with the practical implementation. It was also criticized that the federal government had not taken into account the experiences of the states in fighting pandemics.

“Low point of federal culture”

Haseloff himself sharply criticized the transfer of competencies to the federal government. “Today is a low point for me in the federal culture of the Federal Republic of Germany,” said the CDU politician and Prime Minister of Saxony-Anhalt. The regional chamber is advising on a law “the creation, design and result of which are unsatisfactory”. The Saarland Prime Minister Tobias Hans (CDU) said: “Whether this shift of competence to the federal level represents a more effective way of fighting a pandemic, this proof has not yet been produced. And it has to be produced.” Hesse’s Prime Minister Volker Bouffier (CDU) described the rigid exit restrictions as “constitutionally problematic”. There is also the question of how, for example, the planned school closings should be implemented. Lower Saxony’s head of government Stephan Weil (SPD) said the new regulations were “not a big hit”. For his country, the law even means considerable opportunities for relaxation. His assessment: “For my country unnecessary, but I would add: also harmless.” Federal Health Minister Jens Spahn, on the other hand, again promoted the law at the meeting and returned the ball to the federal states. “Since the beginning of March, the instruments have all been named, written down, actually agreed and united, including the exit restrictions,” said the CDU politician. “And we have to be honest: Although the federal and state governments want the same thing, many have got the impression that we have not been pulling in the same direction in the last few weeks.” The unified action, so the impression, has been lost. The law is “the result of all these developments”.

Curfew if the incidence is over 100

The “emergency brake” was decided by the Bundestag yesterday. Despite extensive criticism from the opposition, the majority passed the changes in the Infection Protection Act and thus created the legal basis for implementation. According to the new regulation, if there is a seven-day incidence of 100 new infections per 100,000 inhabitants in a district or a city, people are generally no longer allowed to leave their own apartment or property after 10 p.m. Walking and jogging alone are allowed until midnight. Shops are only allowed to open to customers who present a negative corona test and have booked an appointment. From an incidence of 150, only the collection of ordered goods should be possible. Classroom teaching in schools should be stopped from an incidence of 165, exceptions for final classes remain possible. The law is a so-called objection law. This means that the approval of the Federal Council is not necessary. However, the regional chamber could have called the mediation committee and thus delayed the law.

First urgent application received in Karlsruhe

Even before the vote in the Federal Council, the first urgent motion against the “emergency brake” was received by the Federal Constitutional Court. A lawyer announced that he had lodged a constitutional complaint. His main concern is that the law largely removes the measures from (administrative) judicial control, that the incidence value is unsuitable as the sole benchmark and that exit restrictions in particular are disproportionate. The Free Voters also announced that they wanted to take action against the “emergency brake” with a double constitutional complaint. So they are initially against the night curfew. With a second complaint, they want to bring down the planned rule for the trade. Already yesterday, FDP leader Christian Lindner announced a constitutional complaint about the curfew.

The people in large parts of Germany have to adjust to exit restrictions and closed shops according to nationally binding guidelines. The Federal Cabinet has decided to change the Infection Protection Act accordingly. However, the Bundestag does not want to pass the so-called Corona emergency brake in a fast-track process – it learned that ARD capital studio from coalition circles. Accordingly, the parliamentary groups do not want to waive certain deliberation deadlines, which is possible in principle and which would have made it possible for a parliamentary resolution to be passed this week. The amendment to the Infection Protection Act includes, among other things, a curfew from 9 p.m. to 5 a.m. if the seven-day incidence is over 100 on three consecutive days in a rural district or urban district. This means that within a week there are more than 100 newly infected people for every 100,000 inhabitants. In these cases, members of a household are only allowed to meet with one other person. A maximum of five people can come together, not including children under 14 years of age.

Requirements for shop closings

The opening of cultural and leisure facilities such as theaters, museums or zoos will then be prohibited, as will accommodation offers for tourist purposes. Shops that do not serve daily needs also have to close again. Food retailers, beverage stores, health food stores, baby specialty stores, pharmacies, medical supply stores, drug stores, opticians, hearing aid acousticians, gas stations, newspaper sales outlets, bookstores, flower shops, pet stores, animal feed markets and garden centers are to be excluded. According to the resolution, services that serve medical, therapeutic, nursing or pastoral purposes as well as hairdressers – each with a mask – should be opened. The practice of sport should only be allowed in the form of contactless practice of individual sports. They should be allowed to be exercised alone, in pairs or with members of your own household. There are also exceptions for the competition and training operations of professional athletes and competitive athletes of the national and state squads, but only without spectators.

For schools incidence of 200 relevant

Precise lessons should only be permitted with two corona tests per week. The schools do not have to stop their face-to-face teaching, however, if the incidence value of 200 cases has been exceeded for three consecutive days. This also applies to vocational schools, universities, adult education institutions and similar institutions. Exceptions for graduating classes and special needs schools are possible. The brake also applies to daycare centers, but the federal states can enable emergency care. The cabinet also decided to increase the paid childhood days per parent from the current 20 to 30 days. Parents can also take advantage of these childhood illness days to look after their children when schools and daycare centers are closed.

Merkel: “Ambiguities are over”

Chancellor Angela Merkel defended the planned federal law in a statement: The nationwide uniform “emergency brake” was “overdue”. It is true that the citizens understand that measures differ from region to region. According to the Chancellor, however, ambiguities about “what, when and where” will be a thing of the past with the new legal regulation. With the new law, the “emergency brake” is no longer a “matter of interpretation”. The decision on the law is an “equally important and urgent decision on how to proceed in the corona pandemic”. Merkel emphasized once again that the situation was serious and that everyone should take it seriously. “We mustn’t abandon the doctors and nurses who have been giving everything for over a year, we have to help them.” All measures would have the “only goal of leading our whole country out of the phase of steadily increasing numbers of infections, the filling intensive care units and the shockingly high daily number of corona deaths.” Merkel thanked the citizens for “their patience, insight and care for others”. “We have already managed to bring the numbers down to a controllable level and we will do that again,” said the Chancellor. The cabinet proposal is then to be discussed in the coalition groups. The new rules should then be decided by the Bundestag in an accelerated procedure, if possible, and passed through the Bundesrat. However, the express consent of the regional chamber is not required. At most, the Federal Council could raise an objection.

The law is to apply for a limited period of time

Overall, the amendment to the law should only apply for the duration of the determination by the Bundestag of an epidemic situation of national significance. This is currently June 30th.