Many companies are introducing hybrid work but only regulating who comes into the office and when verbally. Legally, this is often insufficient. Since the Works Council Modernization Act, the works council has a genuine right of co-determination regarding the structure of mobile work, as set out in Section 87 (1) no. 14 of the Works Constitution Act (BetrVG). For many companies, a works agreement on hybrid work is therefore not just an optional extra, but a legal necessity. This article explains what should be included, how the process with the works council works, and what happens if no agreement is reached.
Key takeaways
- Since 2021, the works council has had a genuine right of co-determination regarding the structure of mobile work (Section 87 (1) no. 14 BetrVG)
- The works agreement regulates the "how," not the "whether": The employer still decides on the introduction of hybrid work
- Without a works council, a works agreement is not possible, only a voluntary internal policy
- In practice, negotiations often take three to six months
- In the event of a deadlock, the conciliation committee makes a binding decision
What is a works agreement on hybrid work and when is it mandatory?
A works agreement on hybrid work is a written, legally binding arrangement between the employer and the works council. It defines how mobile and hybrid work is specifically structured within the company, such as regarding office days, working hours, and technical equipment. In companies with a works council, concluding such an agreement is effectively mandatory as soon as mobile work supported by IT is introduced.
This obligation is relatively new. With the Works Council Modernization Act, an independent right of co-determination for the "structure of mobile work performed using information and communication technology" was introduced on June 18, 2021, in Section 87 (1) no. 14 BetrVG . The distinction is important: The employer still has the freedom to decide whether hybrid work is offered at all. The works council only has a say in the specific implementation.
This distinction also explains why many companies are currently repositioning themselves. According to Bitkom, 58 percent of companies enable mobile working for at least part of the workforce, while 20 percent have already withdrawn a previous offer. It is precisely during such phases of realignment that a written agreement becomes particularly important, as it creates clarity for both sides.
Learn more about the fundamental prerequisites for hybrid working and the rules that companies really needin our follow-up articles.
What content must the works agreement cover?
A comprehensive works agreement on hybrid working covers at least seven areas: the distribution of office and home office days, working hours and availability, non-availability outside core hours, data protection and IT security, work equipment and cost coverage, occupational health and safety, and a booking requirement for workstations and rooms.
In detail, this looks as follows:
Distribution of office and home office days: How many days per week or month do employees work in the office, and how many remotely? Model works agreements recommendspecifying this quota concretely rather than leaving it open.
Working hours and availability: Core working hours during which everyone must be reachable, as well as clear rules for overtime in the home office.
Non-availability: There should be no obligation to respond outside of core hours. The right to disconnect is increasingly becoming an HR standard in 2026 and can be legally linked to the daily rest periods under the Working Hours Act.
Data protection and IT security: Guidelines for VPN connections, encrypted data transmission, and the handling of company devices while working from home.
Equipment and costs: Who provides the laptop, monitor, and office chair, and does the company cover a portion of internet or electricity costs?
Occupational health and safety: Occupational health and safety regulations, such as those for screen-based workstations, also apply to home offices.
Booking requirement: Anyone coming into the office must book their desk and room in advance. This rule remains purely theoretical without a supporting system, such as a digital desk booking system.
Further templates and suggested clauses show that most failed agreements can be traced back to overly vague wording in exactly these areas.
How do negotiations with the works council work?
Negotiations usually begin with a draft submitted by either the employer or the works council. Both sides then introduce their own proposals before moving on to discuss specific details like attendance quotas and cost coverage in several meetings.
Once a consensus is reached, the works agreement is finalized in writing and signed by both parties. In practice, this entire process takes three to six months, depending on the size of the company and the complexity of the regulations. Smaller companies with straightforward structures often reach an agreement faster than large corporations with multiple locations and collective bargaining agreements.
A practical tip: Bringing data on actual office occupancy into the process early on makes for more objective negotiations. Numbers replace gut feelings and clarify what a realistic attendance quota looks like.
What happens if the employer and the works council cannot reach an agreement?
If no agreement is reached, either side can call upon the conciliation committee. Their decision is binding, and their ruling then replaces the works agreement.
Since the structure of mobile work is a matter of mandatory co-determination, the works council has an initiative right in this regard. This means they can take action themselves if the employer fails to present a policy, and can call upon the conciliation committee to enforce an agreement. The jurisdiction of the conciliation committee regarding mobile work has since been confirmed by the courts, which provides companies with additional planning security.
For employers, this means that delaying tactics rarely pay off. Early, constructive negotiation is usually faster and more cost-effective than a conciliation committee proceeding.
Typical mistakes in the design process
Most works agreements do not fail due to bad intentions, but rather due to technical errors.
Vague wording: "Employees can work in a flexible hybrid manner" is not a policy. Without concrete figures regarding office days and core working hours, everyone interprets the model differently.
Lack of implementation infrastructure: A booking requirement without a digital system remains a statement of intent. The same applies to data protection requirements without technical implementation.
No review clause: Haufe recommendsincluding a fixed clause for the regular review of the agreement. What works today may no longer be appropriate in two years' time.
Works council bypassed: If the structure of mobile work is introduced without the involvement of the works council, this is not a procedural error that can simply be rectified later. Such policies can be challenged.
Works agreement without a works council: Without a works council, it is legally impossible to conclude a works agreement in the true sense of the term, as the Works Constitution Act ties this type of agreement to the existence of a works council. Companies without a works council can instead establish a voluntary internal policy that is similar in content but does not have enforceable legal effect.
How does software make works agreements actionable in everyday life?
A works agreement is only as good as its implementation in daily work life. Digital tools turn written rules into lived practice instead of letting them disappear into a filing cabinet.
Desk booking directly implements the agreed-upon booking requirement: anyone coming into the office reserves their spot in advance. The room booking feature complements this for meetings and team days, preventing double bookings. Through Workplace Management from OfficeEfficient, you can also analyze occupancy data in real time—exactly the foundation needed for the contractually agreed review clause.
Conclusion
In many companies today, a works agreement on hybrid work is no longer just an option, but effectively mandatory under Section 87 (1) No. 14 of the Works Constitution Act (BetrVG). Those who define the content concretely, involve the works council early on, and plan for digital implementation from the start will avoid lengthy arbitration proceedings and build team acceptance.
OfficeEfficient supports exactly this implementation, from booking requirements to occupancy analysis. Take a look at our pricing overview or book a non-binding demoto see how quickly your agreement can become part of everyday life.
Frequently Asked Questions
Is a works agreement for hybrid work mandatory?
In companies with a works council, it is effectively mandatory as soon as mobile work supported by IT is introduced. This is based on the co-determination right under Section 87 (1) No. 14 BetrVG, which has been in effect since 2021. While the employer still decides whether to offer hybrid work at all, the specific implementation must be negotiated with the works council.
What must a works agreement on hybrid work cover at a minimum?
It should include at least seven areas: the distribution of office and home office days, working hours and availability, disconnection policies, data protection and IT security, work equipment and cost coverage, occupational health and safety, and a booking requirement for desks and rooms. Additionally, a clause for regular review is recommended.
How long does it take to create a works agreement for hybrid work?
In practice, the entire process from drafting to signing often takes three to six months. The exact duration depends on the size of the company, the complexity of the regulations, and the willingness of both sides to negotiate. Smaller companies often reach an agreement more quickly.
What applies if there is no works council?
Without a works council, it is not legally possible to conclude a works agreement in the strict sense, as this type of contract is tied to the existence of a works council. Instead, companies can establish a voluntary internal policy. This can be structured similarly in terms of content, but it does not have the enforceable effect of a formal works agreement.
Can the works council force a works agreement?
Yes. Since the design of mobile work is a genuine co-determination right, the works council has the right of initiative. If the employer does not present a policy or if no agreement is reached, the works council can call upon the conciliation committee. Its decision is binding and then replaces the works agreement.
