FAQ on remote work at Universität Hamburg
1. What is remote work and how does it differ from telework or working at another location?
With remote work, the employer provides portable devices (e.g., a laptop) but does not require the employee to have a fixed workspace at home. With telework, the employer provides the work equipment for a fixed workspace at the employee’s home. The term “working at another location” applies to both telework and remote work—that is, working outside the office—although remote work is the standard. The terminology is based on a regulation (known as the 93 agreement [PDF]) between the City of Hamburg and unions.
Fieldwork, work-related travel, and other cases in which the nature of the work requires the employee to work outside the office are not covered by the agreement on services rendered outside the workplace (see also Section 1 of the 93 agreement [PDF]).
2. To whom do the regulations for remote work apply?
The regulations apply to all civil servants, pay-scale employees, and trainees.
The regulations do not apply to those performing duties autonomously within the scope of academic freedom. In particular, this includes:
- academic work performed by professors, including junior professors
- doctoral researchers working on their own doctoral project pursuant to Section 28 subsection 1 sentence 4 of the Hamburg higher education act (Hamburgisches Hochschulgesetz, HmbHG) and research associates pursuing their own academic work pursuant to Section 28 subsection 2 sentence 3 HmbHG (the so-called Freistellungsanteil).
3. To what extent is it possible to work remotely?
As a rule, Universität Hamburg supports hybrid approaches to work. This means we strive for a good balance between remote work and in-person work because personal contact within teams, with students, and with other members of the University is also seen as very important. Remote work is voluntary, but staff are not entitled to work remotely.
In March 2022, the City of Hamburg negotiated a framework contract with unions with regard to “working at another location.” This stipulates that no more than 60 percent of individual working hours per month may be performed at a location outside the office (remote work or telework).
For academic staff, the 60 percent refers to the lecture period but does not include duties within the scope of academic freedom. Outside the lecture period, the University assumes that academic staff have professional reasons for exceeding the 60 percent.
4. What are the requirements for working remotely?
First, it must be possible to perform duties at a place other than the office. This means that the workplace cannot adversely affect any procedures or operations. You especially need to consider specialist IT procedures, in-person contacts, access to on-site literature or files, any necessary personal meetings, coordination within your team, and other circumstances when ascertaining the suitability of performing your work outside the office.
Staff must also ensure suitable Internet and telephone connections, which should be usable for work purposes without incurring additional expenses. Current Universität Hamburg data protection regulations must also be observed. This means that employees must ensure that confidential work information and personal data are protected with regard to third parties, including family members.
Special care must be taken when assessing suitability for specific tasks for trainees. Personal suitability may also depend upon the level of training. Trainees should be able to ensure that there are no adverse effects on the quality of their training.
5. Where can I work remotely?
Remote work is not bound to specific places (e.g., at home). If performing work duties requires working at a specific place (due to data protection issues or other professional reasons), then remote work must be performed in a suitable work environment. This is especially true if you are handling confidential material or other sensitive matters that have been deemed comparable, as well as for processing personal data and so forth. You must comply with Universität Hamburg’s data protection regulations.
Depending upon the scope of data processing and the sensitivity of the data, this may mean that certain work environments do not come into question (e.g., public places such as train stations or cafés), special protective measures are necessary (e.g., a lockable cabinet), or work may be performed only in the office.
If your presence is occasionally required in the office or for an out-of-office meeting, you must ensure this is possible even if otherwise working remotely. Thus, even if working remotely, employees must ensure that they can reach their office within a reasonable amount of time.
6. What equipment does Universität Hamburg supply for remote work?
Equipment is provided based on the duties and demands of occupational safety. Technological equipment depends on the demands of the workplace, the nature of the task, the status of the technology, and the temporal scope of the remote work. There are no provisions for fully equipping a workspace to meet office standards. No deliveries are made to the desired address. Ownership of all equipment remains with Universität Hamburg. Damages or losses must be reported immediately. For devices that are not administered by the Regional Computing Center, contact the decentralized on-site IT facilities.
7. Who decides whether and to what extent staff can work remotely?
The scope of remote work should be determined by the supervisor in consultation with the respective staff member and/or team to determine which duties are suitable for remote work. The ultimate agreement regarding remote work is made between the supervisor and the staff member. Note that the monthly working hours for remote work or telework may not exceed 60 percent. The agreement can be made informally. Upon request by the staff member in question, the agreement can be put into writing. You can use this template for a remote-work agreement (PDF). The agreement can be changed or terminated at any time by the staff member or supervisor.
If the supervisor and staff member cannot agree, the staff member can apply for a written agreement via HR at mobilarbeiten"AT"uni-hamburg.de. With the participation of an arbitrator (HR representatives, staff councils, equal opportunity representatives, and—if applicable—representatives for disabled staff), HR decides upon the case within 2 months of receiving the request.
8. What is the difference between remote work and telework?
Telework means performing work duties at a desk with a screen provided by the employer in the staff member’s private quarters (Section 2 subsection 7 of workplace regulations [Arbeitsstättenverordnung, ArbStättV]). Telework involves a staff member working over a longer period, for example, from home with clearly defined working times. Teleworking at another location is an option in certain personal circumstances (nursing care for relatives, raising children, disability, or chronic disease) when a staff member needs a reliable, long-term workspace. Remote work, on the other hand, is more flexible with regard to workspace, scope, and working hours and is one of the standard types of work outside the office.
Telework is reviewed and authorized on the basis of a request (PDF) from the staff member to the supervisor. This requires an agreement in writing, which is then filed in the staff member’s personnel file. The agreement is valid initially for a year; if the conditions for telework continue, it can be extended for a maximum of another 2 years.
9. What considerations are there with regard to occupational safety and remote work or telework?
As a rule, the staff member in question is responsible for observing and implementing all relevant regulations related to occupational safety and health. Supervisors are obligated to provide information about these regulations every year. The office in question provides the information and tips and, if necessary, offers activities and training.
10. What data protection issues do I need to consider?
Observe Universität Hamburg’s data protection regulations.
11. Can I work remotely from abroad?
You are not permitted to work remotely or telework abroad due to risks related to tax and social security law.
Of course, remote work in connection with work-related travel (e.g., conferences) is possible.
12. Do the commutes to and from work count as working time?
The commutes between your private residence and place of work do not count toward working time. For other types of work-related travel (e.g., traveling to and from out-of-office appointments), you need to distinguish between the following:
- In the case of remote work, the employer has no influence on your workspace. Therefore, travel to and from external appointments, like commutes between your home and office, do not count toward working time.
- With telework, your home office is your workplace. Thus, commutes to and from external appointments are treated like commutes to and from external appointments from the office.
13. What factors lead to successful remote work or telework?
For both remote work and telework, there must be trust and cooperation within the team (suitability with regard to leadership and cooperation). Transparent exchange within the team to clarify the exact nature of the remote work or telework is helpful. Contact HR for support, whether you want concrete training opportunities (e.g., remote leadership, organizing work, etc.) or guidance for the whole team throughout the process of change.
14. How are exceptions handled?
Pursuant to the current framework regulation (the City of Hamburg’s regulation on working out of the office, 93-er Vereinbarung der FHH zum Dienst an einem anderen Ort of 17 March 2022), a maximum of 60 percent of monthly working hours can be performed outside the office. This includes a combination of telework and remote work, meaning that the 60-percent regulation applies in this case as well. Exceptions granting more time are made for acute situations related to health (e.g., temporary immobility), personal circumstances (e.g., short-term care for relatives), or professional reasons. Currently, we assume that these reasons make only a very brief period of absence from the workplace necessary. Supervisors decide on these exceptions. They have direct insight into the respective circumstances and can consult with the staff member regarding the period for the exception.
15. What is regulated where?
The agreement pursuant to Section 93 of the Hamburg employee representation act on performance of duties in another location (Hamburgischen Personalvertretungsgesetzes über Dienst an einem anderen Ort—the so-called 93 agreement) agreed upon by the City of Hamburg and the unions and professional associations for public service has been in effect since 20 March 2022. This agreement governs the conditions for working at a location outside the office.
Universität Hamburg will take advantage of the option pursuant to Section 17 subsection 3 of the 93 agreement to supplement the regulations and is currently discussing its own service agreement with the HR representatives.
16. Do I need to inform my provider for household insurance?
To avoid having insufficient coverage from your household insurance provider as a result of your work equipment, we recommend that you contact your provider and agree to exempt your work equipment from your coverage.