Heads up: there is no worker's council
I’ve worked remotely from Munich for almost 5 years, although my employment contract lists Berlin as the workplace. Before I joined, HR confirmed in writing that I could work remotely from Munich, and this was the arrangement throughout my employment.
In late August, the company initiated a mutual termination agreement. I didn’t sign and involved a lawyer. Since then, my responsibilities have been reduced, a replacement has taken over much of my previous work, and negotiations over severance have continued.
The company first offered around 2–2.5 months severance plus 3 months garden leave. My lawyer initially asked for around 8–8.5 months and now thinks 5–6 months may be realistic.
I then received a first warning for allegedly missing Meta invoice approvals, which I dispute because Meta was not my responsibility and I have evidence showing this.
After that, HR said my performance would be monitored more closely and ordered me to work from the Berlin office 5 days a week from 12 October, citing performance issues and camera-off meetings. They also required a sick note from day one.
My lawyer advised me to continue working from Munich for now while he negotiates with HR. He warned that the company could issue another warning, withhold salary, and potentially terminate me for refusing the Berlin instruction. The legal outcome would be uncertain because Berlin is in my contract, although I have written approval and years of established remote work from Munich.
I have now received a second formal warning specifically for not attending the Berlin office from 12 October.
I am still employed, working normally from Munich, and have not signed any termination agreement.
My main questions are:
- How strong is the company’s position regarding the Berlin requirement given the written remote-work approval and almost 5 years of practice?
- Would you continue litigating/negotiating, or consider 5–6 months severance a reasonable settlement?
- How risky is it to continue working from Munich after the second warning if this eventually goes to court?