Arbeitsurlaub erklärt: EU-Workation für Anfänger: 7 Tipps fürs mobile Arbeiten

Workation, a combination of "work" and "vacation," is an increasingly popular trend among employees seeking to combine work and travel. However, it is a legally and organizationally complex endeavor compared to traditional home office setups or mobile work in Germany. Here are seven essential tips for those embarking on their first workation:

1. Employer Approval: Employment of a workation largely depends on the employer's consent. While there is no legal right to a workation, some companies have established regulations within their employment contracts or collective agreements. If such provisions exist, the employer cannot easily deny a workation. Employees who proceed without their employer's approval risk facing warnings or even losing their job.

2. Workation Framework: The clearer the employer and employee outline the framework of a workation in writing, the lower the risk of misunderstandings or legal disputes. Key points include the duration of the workation, the location or country of work, working hours, and availability requirements, especially during time zone changes. Don't overlook seemingly minor details that could lead to conflicts in everyday life, such as whether holidays count as working days abroad.

3. EU, EEA, and Swiss Labor Regulations: The free movement of workers within the EU, European Economic Area (including Iceland, Liechtenstein, and Norway), and Switzerland allows Union citizens to live and work without a visa or work permit. However, British citizens require a visa and residence permit to work and reside in the UK. For employees working temporarily abroad for their employer, social security obligations may apply in both countries to prevent double taxation.

4. Social Security Considerations: Workation employment is treated similarly to temporary assignments by the employer from a social security perspective. Una Großmann, a press spokesman for the German Renters Insurance Association, explains that those working temporarily abroad for their employer may be insured in both countries to avoid double insurance burdens.

In many cases, intergovernmental agreements determine the insurance obligations in social security systems to prevent double coverage. These agreements are valid for periods not exceeding 24 months and require written notice of the legal frameworks for the duration of the assignment, including for the UK and Northern Ireland following Brexit.

5. Health Insurance: Obtaining a private travel health insurance policy is generally recommended for any foreign stay, including workations. Such policies provide comprehensive coverage for illness or injury during travel, regardless of whether the workation is for leisure, sport, or relaxation. For employees insured through their employer, this is particularly important as they are only insured according to the regulations of the country where they conduct their workation.

Without additional coverage, high medical costs or expensive repatriation could become a financial burden. Even private insurance holders benefit from a travel health insurance policy, as comprehensive coverage may not automatically include all potential risks, such as repatriation costs.

6. Legal Unemployment Insurance: In most cases, legal unemployment insurance remains valid during a workation within the EU, EEA, Switzerland, the UK, and Northern Ireland, provided that the legal requirements for an assignment are met. Only activities directly related to work are covered by unemployment insurance. Private undertakings are generally not entitled to unemployment insurance benefits.

7. Safety Requirements: Employees working during a workation must adhere to the same safety regulations as in their regular office or home office setup. The specific requirements depend heavily on the nature of the work and the industry. Those handling sensitive client, health, or banking data must follow stricter guidelines than those dealing with general information.