Workspaces that are too hot or too cold are not only uncomfortable, but can also have a negative impact on the health of employees. In the area of employee protection, there are therefore requirements regarding the minimum temperature in the workplace. However, falling below the limit values only constitutes a right to refuse work under special circumstances.
Energy saving measures of the federal government
In September 2022, in response to the energy crisis, the Federal Cabinet passed an energy saving ordinance whose package of measures was intended to help secure energy supplies. The short-term energy saving measures adopted therein, which expired on April 15, 2023, also stipulated reduced heating of office spaces.
The medium-term measures are intended to apply until September 30, 2024 and also provide for energy saving measures in the building sector, which are designed as precautionary measures. Specifically, the regulation regulates technical energy saving measures in buildings and obliges companies to implement energy management systems.
Due to the stable gas supply in Germany, security of supply is now guaranteed again, according to a contribution from the federal government. No major risk of a shortage of energy supplies is seen. Nevertheless, economical energy and gas consumption remains important. Due to high energy prices, many companies strive to keep their own energy consumption as low as possible, regardless of regulatory requirements, as a publication by KfW Research shows.
The requirements of the Workplace Ordinance are decisive
The requirements of the Workplace Ordinance are again relevant for the temperature at the workplace, with the following minimum temperatures:
• 20 degrees Celsius for physically light and predominantly sedentary work
• 19 degrees Celsius for physically light and predominantly standing or walking activities
• 19 degrees Celsius for moderately difficult and predominantly standing or walking activities
• 17 degrees Celsius for moderately difficult and predominantly standing or walking activities
• 12 degrees Celsius for physically demanding activities
• 21 degrees Celsius for break rooms or sanitary rooms
These legally regulated health-friendly room temperatures are intended to avoid higher exposure to cold in the workplace.
Right to refuse performance only if the limit values are intentionally undercut
Employers are obliged to ensure the minimum temperature in the workplace at all times of the day. Fluctuations are only permitted for short periods when ventilating rooms.
However, employees do not have the right to refuse to work if the temperature in the office space falls below the legal limits. Otherwise, you even risk consequences under labor law such as a warning or even termination, according to the magazine Fachanwalt.de. Instead, you should inform your employer first. The latter must then take appropriate countermeasures so that the prescribed minimum temperature is reached.
If the employer does nothing despite being informed and the temperature is so low that health is impaired, employees are allowed to stop work. In companies with a works council, it is advisable to involve them so that they insist that the employer take appropriate measures, according to Fachanwalt.de. This means that employees who actually stop working because the employer does nothing have the burden of proof. You must be able to prove that the temperature is so low that it poses a health risk. Therefore, the temperature in the work rooms should be recorded photographically at different times in order to be able to prove this later in the event of a dispute, advises Fachanwalt.de.
M. Schausbreitner / editorial team finanzen.net