Düsseldorf (dpa / tmn) – The thighs are glued to the chair, the hand slips in sweat because of the mouse: should the employer send his employees home when it is very hot at work?
Usually not at first, explains the legal protection of the DGB. Basically, there is no such thing as “heatless”.
According to Article 618 of the German Civil Code (BGB), employers have certain obligations to protect their employees. However, the obstacles are high, according to the DGB Rechtsschutz: The mere fact that a person perceives the heat as uncomfortable does not constitute a violation of these protective obligations by the employer.
Maximum 26 degrees – with exceptions
The Workplace Ordinance regulates the ambient temperature in the workplace. Therefore, the temperature should be “beneficial to health”. Technical regulations for workplaces (ASR) provide for a maximum ambient temperature of 26 degrees.
However, if the outside temperature is higher, the air temperature inside can be unusually higher. As a rule, the employer should act only when the air temperature in the room is above 30 degrees Celsius and take additional measures.
Countermeasures for cold drink blinds
These include blinds, adequate ventilation in the morning, fans or mobile air conditioning systems. Finally, the working hours can be adjusted. However, the works council may have to accept this. If all this is not possible, the employer may be required to provide drinks or relax the dress code.
It is only at an ambient temperature of 35 degrees that it is assumed that work is no longer possible. Then the employees still can’t just go home. You may then need to move to other rooms.