IT 2025 employment contract: clauses on remote

Remote work in IT employment contracts: Status quo and future trends

Increasing digitalisation has had a lasting impact on conditions in the IT sector and has established remote working in particular. While home office solutions were the exception just a few years ago, they are now common practice, especially in technology-orientated fields of work. These changes are reflected in current employment contracts through standardised and sometimes individually negotiated remote regulations. But what aspects should be kept in mind for new IT employment contracts in 2025?

Key remote clauses in IT employment contracts

In an employment contract in the IT environment with a remote work option, certain areas of regulation should be addressed precisely. These typically include

• Work location: Precisely specifying whether the work is to be performed completely remotely, in a hybrid model or predominantly on site.
• Availability: Definition of time windows in which employees are generally available, for example between 10:00 and 16:00.
• Work equipment: Clear regulation as to whether the employer provides hardware such as laptops, headsets or ergonomic furniture.
• Data security: Obligation to comply with specific security measures, such as the use of VPN connections, encryption and two-factor authentication.

Anyone who relies on remote working should always supplement verbal commitments with a written agreement. Especially in sensitive areas such as DevOps or IT infrastructure, a clear agreement reduces the risk of labour law uncertainties.

Example: sample clause for remote work

A robust remote regulation could be formulated in the contract as follows, for example

"The employee is authorised to perform their work outside of the business premises in their own home (home office) for up to three days per week. The performance of work at other locations requires the prior consent of the employer. The employer shall provide the IT equipment required to carry out the work."

Precise agreements create security for both sides and help to avoid misunderstandings. Anyone who regularly works from abroad should also consider special wording on tax aspects or data protection.

Overtime: Flexibility and pitfalls in remote mode

Flexible organisation of working hours is standard in many IT positions. The opportunity to complete tasks in the evening or at the weekend seems particularly attractive. However, unclear overtime regulations in the context of remote work harbour pitfalls - especially if there are no corresponding provisions in the contract or they are only very general.

Wording such as "Overtime will be compensated with the salary" can have a detrimental effect in the long term. It is therefore advisable to stipulate an upper limit for permissible overtime per month or year as well as its compensation. A transparent overtime regulation could look like this, for example:

"Overtime is only permitted if it is expressly ordered by the employer. It is either compensated by time off in lieu or with a 25% bonus. Overtime that is worked without an order is considered unauthorised."

A digital working time account makes it possible to fully document all hours worked. Tools such as Clockify or time recording solutions in Jira are used in many IT teams today and form a solid basis for negotiations in the event of a dispute.

IP clauses: Who owns the code?

In the IT environment, the question regularly arises: who owns the rights to programmes, scripts or interfaces that are created in the home office? Under copyright law, employers generally receive the rights of use to works that are created during working hours and as part of the contractually defined tasks. The increasing spread of remote work requires specific regulations to avoid legal grey areas.

Special passages can therefore often be found in IT employment contracts, for example:

"All programmes, databases, concepts and technical documentation created within the scope of the employment relationship - regardless of the place of work - shall become the exclusive right of use of the employer upon their creation."

To avoid misunderstandings - for example in the case of open source projects - it is advisable to check the relevant clauses carefully. In many cases, an addendum that clearly limits the transfer of IP rights to works that were developed during regular working hours and in a business context is advisable.

Practical scenarios: Typical points of contention in everyday life

Case 1 - The flexible developer: Anna works remotely as a front-end developer two days a week. However, her team meeting is scheduled for one of these days on site. The contract states: "A remote share of up to 50% of working hours is possible, provided this does not conflict with operational requirements." Your approach: Clarify with team leaders and colleagues in good time how flexible regulations are interpreted in specific cases - this usually helps to avoid conflicts.

Case 2 - Overtime for special assignments: Max is an IT administrator and regularly looks after the servers remotely in the evenings. His contract includes compensated overtime. After several years, he demands compensation, but the employer refuses - there are no receipts. A digital working time account and regular consultations would have created transparency and room for negotiation.

Case 3 - IP after work: Tom develops an open source tool in his free time that is loosely based on company-specific expertise. The employer sees an infringement of property rights. Clearly separating agreements between business and private activities can prevent legal disputes.

Remote and data protection: what will be different in 2025?

Data protection requirements in the home office have increased significantly since 2023. Secure connections, encryption of communication and the protection of sensitive data are becoming even more relevant. New employment contracts specifically require the use of IT infrastructure such as company laptops and access-controlled systems.

• Mandatory use of protected VPN access
• Prohibition of the storage of company data on private end devices
• Regular updates of operating systems and antivirus software

In addition, monitoring tools are increasingly being used to ensure compliance with security requirements, even when working remotely. Also new are data protection-related declarations in which employees confirm that they will also comply with all IT guidelines when working from home.

Individual negotiation: Where is it particularly worthwhile?

In 2025, skilled workers in the IT sector will be able to actively shape many details relating to remote work in their employment contracts. The high demand on the market favours room for negotiation before the contract is signed. The following points are particularly often on the agenda:

• Flexibility in the number of home office days
• Precise agreements on working hours and availability
• Binding regulations on overtime and its compensation
• Clear delimitation of IP rights, especially for private projects
• Additional budgets for equipping the remote workstation

Sample formulations provide orientation for beginners, but are often not sufficient for complex situations. Anyone working in an international context or planning longer stays abroad should make individual arrangements and seek legal support if necessary.

Quick check: What you should check before signing

Before signing a contract, it is advisable to carefully check the following points:

• Are the regulations on remote working clearly worded?
• How is the handling of overtime regulated in detail?
• Are there clear guidelines for dealing with intellectual property?
• Are data protection and IT security requirements communicated transparently?
• Can the contract be easily adapted to personal and professional requirements?

If in doubt, it is worth asking specific questions and clarifying open issues before signing the contract. This usually helps to avoid differences later on.

Conclusion

Employment contracts for IT positions in 2025 will be convincing if they contain transparent and comprehensible provisions on remote working, overtime and copyright issues. Those who take current developments into account and make individual agreements will create a solid foundation for a successful and flexible employment relationship - whether working from home or on site.