At Lunch & Law on 7 September 2023, Roy Levy highlighted the employment law issues and pitfalls associated with working from home, from the definition of the place of work to cost issues, data protection and monitoring.
Working from home is not a sure-fire success
Working from home is popular, with over half of the working population in Switzerland regularly working from home. However, it is important to note that there is neither a right to work from home nor an obligation to do so. The place of work must be defined in the employment contract or in the regulations, and working from home requires the consent of both parties.
Clear rules prevent conflicts
A functioning home office setting requires clear agreements on:
- Costs and infrastructure (Art. 327 and 327a OR)
- Data protection and data security (e.g. clean desk, password protection)
- Health protection (ergonomic workplaces, Art. 6 ArG)
- Working hours and monitoring (no surveillance, compliance with maximum working hours)
In addition, tax and social security aspects must be taken into account in the case of cross-border activities.
Conclusion
Working from home is here to stay, but it requires a clear legal basis and mutual trust. Well-regulated working from home protects both employers and employees and prevents disputes later on.
