Not heat-free for office employees

Liz is Head of Legal at twinwin.
As a team of experts in employment law, the twinwin editorial team is happy to share valuable legal knowledge with HR managers to help them avoid costly legal mistakes. Our mission at twinwin is to make employment law easy for HR.

When temperatures exceed 30 degrees, there is often the question of whether and when you will be sent home from the office and can enjoy “heat-free”. Because when it's hot, it can not only be difficult to be productive, it can also have health consequences. However, as a matter of fact, employees are generally none Have the right to heat-free. In general, however, the employer is obliged to design the workplace in such a way that it complies with occupational health and safety regulations and an overheated office is not a suitable place to work.

Here you can find out which rules employers must follow in order to still fulfill their duty of care by creating a safe working environment.

What are the temperature limits?

  • from 26 degrees Is it advisable to introduce measures to regulate the temperature
  • from 30 degrees Is the employer required to introduce measures to regulate the temperature
  • from 35 degrees A room is considered unsuitable as a workplace unless the employer offers aids, such as setting up air showers or water curtains.
  • What is important is: It depends on the indoor and not the outside temperature on

What specific measures can and must an employer take when it is hot?

  • Ventilation of rooms early in the morning
  • Offer to increase working hours to benefit from cooler temperatures
  • Offering cold drinks
  • Relaxation of clothing rules
  • Controlling sun protection with closed blinds
  • Remove heat sources such as printers and copiers from the rooms or restrict their use
  • Care should be taken to use appropriate filters in ventilation systems in order to achieve a low risk of transmission of the corona virus

However, if temperatures above 35 degrees are measured in the office, this does not automatically mean that employees can now enjoy more freedom. This is because the employer can order that work continues in a cooler part of the company or in the home office.

And what applies when working from home?

  • When working from home, there is no obligation for the employer to regulate the temperature
  • The employee, on the other hand, should design the workplace in such a way that he can work effectively
  • If this is not possible, the employee should immediately inform the employer

Are workers allowed to go home due to high temperatures?

  • Yes, should employees be affected by the heat, should the employer send them home
  • In the event of a prolonged absence of work due to high temperatures, a certificate must be submitted
  • Exemptions apply in particular to employees who are exposed to increased risks, such as pregnant women, nursing mothers and older employees.
  • In the case of pregnant women, the employer also has an increased obligation to protect

Are parents entitled to stay at home in the event of heat free?

  • Employees have no fundamental right to stay away from work if their children are heat-free
  • There are only exceptions if these are regulated in the employment contract or a works agreement
  • However, under certain circumstances, the employee may refuse to work to care for children (under 12 years of age) in need of care
  • In the event of refusal to work, salary claims must be settled on a case-by-case basis.

If companies do not have air conditioning, it is therefore advisable to take measures at an early stage and to communicate with the team and company doctor to ensure a smooth workflow and comprehensive health protection.

Our tip: The employees are also certainly happy to receive small gifts, such as ice cream, a fan for the home office or a voucher for the outdoor pool:)