The democratization of telecommuting and its risks
Since the COVID-19 pandemic, telecommuting has become very popular, and seems to be taking root in companies. However, this form of work is not without risks.
In Switzerland, telecommuting is not governed by labor law. As a result, employees have no right to telework. Employers are required to establish the terms and conditions of teleworking, in compliance with mandatory legal standards.
The number of telecommuting days for cross-border employees must not exceed certain limits, otherwise they will be subject to social security contributions in their country of residence.
Indeed, the employer's obligations in the workplace also apply in the case of telecommuting, such as respecting working hours and providing equipment, among others. Telecommuting can also raise other special issues, particularly when the company employs cross-border workers.
For their part, employees are also subject to the same obligations as when they work in the office. These obligations may even be heightened when telecommuting, due to a higher risk of violation, such as confidentiality, for example.
This article develops the following themes:
- Freedom to introduce telecommuting
- Office presence
- Home office for cross-border commuters
- Compliance with rules on working hours and breaks
- Provision of teleworking equipment
- Reimbursement of expenses
- Duty of care, loyalty and confidentiality
- Telework agreement