Remote working (also known as teleworking or working from home) entails various legal aspects that both employers and employees must consider.
Here are the main legal issues related to remote working:
1. Employment Law Basics
- Employment Contract: The agreement on remote working should be stipulated in the employment contract or an additional agreement. Aspects such as workplace, working hours, and availability should be explicitly defined.
- Working Time Regulations: Regulations on working hours, breaks, and rest periods also apply when working from home. The maximum working hours (e.g., 45 hours per week in Switzerland) must be adhered to.
- Overtime Regulations: Clear rules regarding overtime and its compensation or time off in lieu are essential.
2. Data Protection and IT Security
- Data Protection Law (GDPR): Employers are required to ensure that personal data remains protected in accordance with the General Data Protection Regulation (GDPR), even in a home office setting.
- IT Security: Employers should implement technical and organisational measures (e.g., VPN, encrypted communication) to ensure the security of company data.
- Confidentiality: Employees should be required to protect sensitive company information from unauthorised access while working remotely.
3. Cost Coverage and Equipment
- Equipment: Employers are often required to provide employees with the necessary equipment (e.g., laptop, phone, software).
- Cost Coverage: Clear agreements should be made regarding the reimbursement of costs such as internet, electricity, or office supplies.
- Tax Aspects: Employees may be able to claim certain home office expenses for tax purposes, provided a separate workspace is available.
4. International Law
- Cross-border Work: When remote working takes place from abroad, additional legal aspects must be considered, including tax law, social security regulations, visa requirements, and particularly work permits.
- Applicable Law: It should be determined which national law applies to the employment contract, especially in international teams.
Conclusion
Remote working offers flexibility but requires clear legal frameworks to avoid misunderstandings and legal disputes. Employers should regulate all relevant aspects in a remote working policy or company agreement, while employees should be aware of their rights and obligations. In our next Global Mobility Alert, we will explore specific case studies that fall into the grey areas of Swiss legal regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
