Everything You Need to Know About Employer Responsibility When Violence Occurs in the Home Office

Everything You Need to Know About Employer Responsibility When Violence Occurs in the Home Workplace in Germany

With the increase in working from home (home office) in Germany, especially after the coronavirus pandemic, new questions have arisen about the employer’s responsibility to protect employees – particularly when domestic violence occurs during working hours. In such situations, the employee faces a double burden: performing work in a place that may not be safe, and dealing with threats or violence in their private environment.

What is the employer’s general responsibility?

Under German labour law, employers are obliged to ensure the safety and health of their employees in the workplace (Arbeitsschutzgesetz – Occupational Safety and Health Act). This includes:

• Creating a safe working environment

• Taking preventive measures against risks

• Paying attention to the mental and physical health of employees

In the case of home office, implementation becomes more complex because private life and professional life overlap.

Does the duty of protection extend to the home?

Yes, partially. When working from home, the employer remains bound by the duty of care (Fürsorgepflicht). However, they cannot directly intervene in the private living environment. Therefore, their role focuses mainly on:

• Providing advice and awareness on protection from violence

• Offering flexible options if an employee discloses that they are experiencing violence

• Referring the employee to external support services or psychological counselling

What happens if domestic violence occurs during working hours?

If an employee is subjected to physical violence during home office working hours, this can, in certain cases, be considered a work accident (Arbeitsunfall) under statutory accident insurance (gesetzliche Unfallversicherung), provided that a direct link between the incident and the work can be proven.

In most cases, however, domestic violence is regarded as a private matter – unless it can be shown that working from home specifically exposed the employee to a greater risk.

How can the employer help?

1. Clear policies against violence

The employer should establish written policies explaining how to deal with violence (even if it occurs at home) and outlining the available ways to obtain support.

2. Providing safe communication channels

Confidential and secure channels should be available for employees to report violence or request support, such as a trusted HR contact or the company doctor.

3. Flexibility in working hours and workplace

The employer can allow the employee to work from another location (such as the company’s office or a co-working space) if they feel unsafe at home.

4. Referral to support centres

The employee can be referred to social counselling centres or specialist domestic violence services, such as the national helpline 08000 116 016.

Can the employee request legal protection?

Yes. The employee has the right to apply to the court for protection orders (Schutzanordnung) or restraining orders (Kontaktverbot), whether the situation is connected to work or to private life.

Impact on the employment relationship

It is legally prohibited to penalise an employee for disclosing that they are experiencing violence or for seeking support. On the contrary, this increases the employer’s obligation to support the employee and ensure a safe working environment.

Conclusion

The employer’s responsibility regarding violence that employees may face in the home workplace is a new and complex issue. It highlights how important it is to combine the protection of physical and mental health with the safeguarding of employees’ rights. If you are an employee and feel that you are in danger, remember: you have rights, your employer is obliged to support you, and a strong network of assistance is available.

Important German Terms

Homeoffice: العمل من المنزل
Fürsorgepflicht: duty of care
Arbeitsunfall: work accident
Schutzanordnung: protection order
Kontaktverbot: restraining order / contact ban

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The editorial team of this site strives to provide accurate information based on thorough research and consultation of various sources. However, errors or information that is not yet fully verified cannot be completely ruled out. Please regard the information in this article as an initial point of reference and always consult the competent authorities for binding and up-to-date advice.