[ff-all] FYI : Insurance coverage / Temporarily Working Abroad, Workation / Handling

Andrea Kather andrea.kather at fiware.org
Mon Oct 11 18:02:58 CEST 2021


Dear all,

please find all information regarding the insurance coverage during home
office and/or periods during which you work abroad or do workatin below -
as discussed in the last all- hands-meeting.

VBG (the statutory accident insurance) informed as follows :

*With regard to insurance cover in the home office (not contractually
regulated) du to the Corona epidemic, please note that*

It is irrelevant for insurance coverage whether there is a contractual
regulation on the place of work. Decisive is the activity performed at the
time of a possible accident. Insured are only activities directly linked to
work, distances made to get a drink, to eat or to go to the toilet are
insured in the home office to the same extent as ast the company premises.
Not insured are accidents that happen, e.g. while doing the laundry during
working hours.

*Am I insured against accidents that happen in the home office / on
workation ?*

*In the home office :*
An accident resulting from an insured activity is an occupational accident
and is therefore covered by the statutory accident insurance (VBG). The
decisive factor is not necessarily the place of the activity, but whether
the activity is directly linked to work - the Federal Social Court refers
to this as the "tendency to act".
Not insured are distances made in the home office with the tendency to
pursue activities of one's own - e.g. private - business. If, for example,
an insured person falls down the stairs and injures himself because he
wants to receive a private parcel, this would be not insured. Distances
made to get a drink, to eat or to go to the toilet are insured in the home
office to the same extent as at the company premises.

Distances made to and from the place where insured persons entrust their
children to the care of others because of their professional activity, e.g.
to the kindergarten or daycare centre, are covered if the insured activity
is carried out at the place of the shared household.

An exact demarcation between insured and uninsured activity is not always
feasible, especially in the home office, and must be considered on a
case-by-case basis.
The activity performed at the time of a possible accident as well as the
question of whether this activity was internally and factually directly
related to work (served the employer) is relevant from an insurance point
of view.

*Workation :*
Whether insurance cover exists or would exist for workation periods and the
special circumstances sometimes associated in this case should be checked
with the rehabilitation department at VBG before the stay (phone +49 (0)3
51 - 81 45 33 3, Mon -Thu, 8am - 5pm, Fri, 8am - 3pm).

*Example *If the employee wants to work from Portugal only for a short time
or temporarily, like for three weeks in a 'home office', and the employer
agrees, this may be a posting within the meaning of Art. 12 of EC
Regulation 883/2004. In this case, the employee needs a secondment
certificate, which the employer can request from the employee's statutory
health insurance.

The VBG advises to discuss every stay outside the contractually agreed
place of work with the employer in advance and to draw up a written
agreement - a document signed by both sides - before every stay/work
abroad/workation, please see the template attached.

In addition, the employee should take out an appropriate private cover (a
private foreign insurance) for the corresponding period.


Please make sure to inform your team lead before and submit the prefilled
Agreement on temporarily Working Abroad / Workation for
countersignature and approval. You will find the editable word document here
<https://drive.google.com/drive/folders/1CdMNGRm2C0rxvIw48duphI5TVYdCQzqh?usp=sharing>
for
download.

For those colleagues that might be on the road at the moment or working
from somewhere else, please submit the document retrospectively.

Thank you - take care !

Kind regards
Andrea


Andrea Kather

Assistant to the BoO

M. +49 174 7883565

andrea.kather at fiware.org

www.fiware.org



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