Working from home: Here are your rights

Do I have the right to work remotely?

You are only entitled to work from home if this has been agreed with your employer either in your employment contract or in a collective agreement. The agreement may, for example, stipulate that you can work from home a certain number of days per week. 

The right to work from home may also be set out by your employer in a staff handbook or an internal policy on working from home.

Although you have the right to work from home as described in either of the above documents, there may be differences in how secure this right is. You are most secure if it is stated in your contract or in a collective agreement, whereas it is easier for your employer to remove the option if it is only written in a staff handbook or internal policy.

How do I negotiate the right to work from home with my employer?

If you are changing jobs and are in the process of negotiating your contract, it would be perfectly natural to negotiate remote working as part of your new employment if it is important to you to have the right to work from home. This will not normally affect your salary.

You can also agree on the right to work from home in your current employment if your life situation and needs change in a way that would benefit you from being able to work from home. You can discuss this with your manager at any time, and you do not need to wait for the annual salary negotiations.

At the same time, the salary negotiation is also a good opportunity to negotiate your working conditions, e.g. increased flexibility, as a supplement to the salary adjustment itself.

What are my rights if my employer takes away my right to work from home?

Your employer may, by virtue of their managerial authority, remove your access to working from home.
 
However, from an employment law perspective, it is important to consider whether or not this constitutes a significant change to your terms of employment. This will depend on the specific circumstances, including the extent to which you have made use of working from home and whether you have had an individual agreement on working from home.
 
If you have agreed to work from home as part of your individual terms of employment and you have regularly and consistently exercised your right to work from home, this will generally constitute a significant change that must be notified to you.

If your employer removes your access to working from home, we encourage you to contact us here at IDA to learn more about your rights.

Read more about your rights in the event of changes to your terms of employment.

Can I be required to work from home - either temporarily or permanently?

Even if your contract of employment states that you have a permanent place of work in the office, your employer may require you to work from home for shorter periods at a time.

If you are required to work from home on a permanent basis for a few days a week or more, this could constitute a substantial change in your terms of employment, which your employer will have to notify to you. If this is the case, we encourage you to contact the IDA for advice.

Learn more about your rights in the event of changes to your employment terms

Who should pay for my internet when my employer has made me work from home?

If your employer has asked you to work from home, your employer is also responsible for ensuring that you have access to the tools you need to do your job from home. The general rule is that your employer must provide you with an internet connection and cover the cost of this.

However, most people already have access to and pay for an internet connection at home, so dialogue with the employer is often advisable.

My internet is down - am I entitled to a salary, even if I can't work?

As it is your employer's duty to provide work equipment, it is also your employer who bears the risk if the work equipment is not working. Your employer cannot therefore deduct your pay/ask you to take time off, and you are therefore entitled to pay if the internet stops working and you cannot work as a result.

Do I have to provide my own office space for home work and pay for extra consumption of electricity, heating, water, etc.?

The basic principle is that your employer has a duty to provide the tools necessary for you to work from home.

However, the additional costs of electricity, heating, water, etc. will often be relatively modest and therefore dialogue with the employer may be the best approach.

Am I required to turn on my webcam when I work at home?

It is your employer's right to determine how you carry out your work, including whether you must have your webcam switched on when you take part in internal and external video meetings during working hours.

You can choose to mute the background and turn off the sound when you're not talking, to avoid your manager/colleagues/customers suddenly getting a glimpse of your private life that you might not be interested in.

However, your employer cannot require you to keep your webcam switched on for the rest of the day when you are not taking part in video meetings. This would be a control measure that goes beyond what is necessary and you are entitled to turn off your webcam when you are not taking part in video meetings.

Do the rules on setting up home workplaces still apply?

If you work from home regularly and more than 2 days a week on average over the course of a month, there are special requirements for the design of your home workplace. Often the impression is that the legislation is very comprehensive and requires, for example, height-adjustable desks and mechanical ventilation for everyone who works at home, but this is not the case.

The most important points in the rules on working from home are as follows:

• Table: There must be sufficient space on and under the work table. The seating and working height at the desk must be appropriate for the employee working at the desk and the tasks being performed. You are not entitled to a sit-stand desk.
• Chair: The chair seat must be height adjustable. The chair back should be height adjustable and tiltable.
• Monitor: The monitor should be separate from the keyboard and be able to swivel and tilt according to your needs.
• Keyboard and mouse: The keyboard should be separate from the monitor. There should be sufficient space in front of the keyboard to allow the employee to rest their hands and forearms on the tabletop and use the mouse in appropriate working postures and movements.

You are allowed to use your own equipment as long as it fulfils the applicable requirements for screen work. If you don't have suitable equipment of your own, your employer must provide you with the necessary equipment at your home workplace.

You can read more about the rules for working at home on the Danish Working Environment Authority's website (In Danish).