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The Covid-19 regulation leaves this point open this time. That creates discussions.
When home office was compulsory a good year ago, the federal government clearly stated that employers were not obliged to pay home working costs. This clause has disappeared from the current Covid-19 regulation, which has been in force since December 20th.
Seco: «No obligation»
What does that mean now? At the federal level, the State Secretariat for Economic Affairs (Seco) is responsible for the issue. Seco confirms to the SRF consumer magazine “Espresso” that this exclusion clause from Article 25 in the regulation disappeared. But: “It cannot be deduced from this that these costs are automatically borne by the employer.”
Employees can reclaim the costs.
The Swiss Confederation of Trade Unions interprets it differently – in favor of the employees: You can now in principle reclaim all expenses and expenses incurred at home for work from the employer, says Luca Cirigliano, Central Secretary of the Swiss Confederation of Trade Unions (SGB) and specialist in labor law.
That means: paying for the printer paper, for example, providing a laptop and software or assuming a share of the additional electricity costs.
Apply labor law
Because: With the omission of the ominous clause, labor law now simply applies – and above all the law of obligations and the labor law. The former does not contain any clear provisions on remuneration for home office expenses, according to Cirigliano. However, he deduces from this that employers generally have to pay for the costs when they are required to work from home, if necessary and proportionately.
The labor law requires, among other things, the health protection of employees. It is imperative, even outside of the home office obligation, says the union lawyer. Specifically, this means that the supervisor must always ensure that an employee – if necessary and where it makes sense – can also sit on an ergonomic chair at home or has a sufficiently large screen available, for example.
AGV: “No obligation to assume costs”
It sounds a little different when you approach the Swiss Employers’ Association (AGV) on the subject. The employers would not have ordered this home office obligation, but the federal government. “That is why we are not obliged to take on these costs,” explains Daniella Lützelschwab, who is responsible for labor law and the labor market at the AGV.
However, previous experience with the home office in times of the pandemic has shown that good, individual solutions for working from home can be found with employees even without such an obligation. One person already has a good laptop at home, for example, the other can take the device with them from the office, says Lützelschwab.
First seek a conversation
The trade unions and the employers’ association agree on this point: Before you simply send invoices for expenses in the home office, it is definitely worth talking to your line manager first. After all, it is ultimately in the interests of both parties if the employees also have an optimal working environment at home.