Must workplaces include natural light?
In various work settings, employees may not be exposed to natural light all day long. Is this a rightful practice?
Workspaces without windows are disliked by many, as a lack of daylight exposure can harm one's health and lessen their desire to work. Is it acceptable for employees to be confined indoors, cut off from the outside world?
According to Alexander Bredereck, a legal professional in employment law based in Berlin, having a view of the outside aids employees in maintaining a connection with their surroundings. As per the German Workplace Ordinance, employers are only allowed to assign workplaces with a direct view of the outside.
Exceptions: when windowless workplaces are accepted
There are some situations where the Workplace Ordinance allows for employees to work in windowless rooms. For instance, those used briefly, like cellar rooms, archives, or machine rooms. In the opinion of Mr. Bredereck, temporary windows-free areas can be used as offices, if the office is currently undergoing renovation.
There are also exceptions made for underground workplaces like basement parking garages, cultural facilities, commercial spaces, and rooms in train stations, airports, and shopping malls. Mr. Bredereck explains, "This exception exists because there is no other option structurally. Thus, the risk level is significantly higher.”
Considering alternative measures
Employers need to factor in compensatory actions into their risk assessment. These might include providing longer breaks to enable exposure to daylight outside or creating comfortable break rooms with large windows above ground level, along with mental health training programs.
In consideration of individual health needs, employers must also inform employees promptly of any potential dangers and respond to their duty of care accordingly.
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- Legal advisors often suggest that employers consider the labor law implications of having home offices, as employees working in such environments may face legal issues related to health and safety, especially if there's a lack of proper ergonomic equipment or adequate natural light.
- In dealing with legal issues related to employees' health and well-being, a responsible employer would engage an advisor to ensure compliance with labor law, such as providing adequate ventilation and natural light in home offices.
- When faced with legal issues related to employee health and compliance with labor law, an employer might seek guidance from an employment lawyer, who could advise on appropriate measures, such as implementing health assessments or providing equipment like computer monitors with adjustable angles.
- If an employer encounters legal issues linked to health concerns in regards to their employees working remotely, engaging a labor law advisor would help navigate the complexities, including addressing the potential lack of natural light in home offices.
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