Remote work refers to the option for employees to work from their own homes. According to a study by the Federal Statistical Office, around 37 percent of employees in Switzerland worked remotely on a regular or occasional basis in 2022. This figure has increased sixfold over the last 20 years.
This raises new questions about how working hours are structured.
In this article, we examine the legal aspects of working remotely in Switzerland and the main challenges facing Swiss employers and HR teams.
The legal aspects of working remotely in Switzerland
In Switzerland, there is no automatic right to work remotely. However, legislation is evolving to take account of new forms of work.
The Labour Act (EmpA) applies to both working remotely and working in the company. Among other things, it regulates:
compliance with maximum working hours
the provision of the necessary work equipment
professional expenses
personnel planning
💡 Special case of working remotely for cross-border commuters: If cross-border commuters (residing outside Switzerland) work part of their working hours remotely, up to 40 percent of this time can still be taxed at source in Switzerland. If this percentage is exceeded, the tax rules of the country of residence apply.
Challenges for HR teams
The switch to working remotely poses several challenges for HR teams, particularly due to the physical distance involved.
Performance measurement
How can the productivity of employees working remotely be assessed without violating their rights?
The following is recommended:
define clear goals
set working hours and break times transparently
Permissible monitoring by employers
Swiss legislation strictly regulates the monitoring of employees working remotely. The use of surveillance systems such as spyware is expressly prohibited and constitutes a violation of the law. Monitoring is only permitted for security purposes or to check the quality of work—and even then only if employees have been informed in advance and the measures are proportionate.
Data protection
Employees also process sensitive data when working remotely, such as customer information or contract documents. Employers must therefore:
protect the IT infrastructure and ensure cybersecurity
inform and sensitize employees about the handling of confidential data
Health prevention
Working remotely can pose health risks, especially due to lack of exercise. Employers remain responsible for the physical and mental health of their employees. They must ensure that all employees have an ergonomic workplace and are supported by appropriate preventive measures, such as a suitable screen, an ergonomic chair, or appropriate work equipment.
Social interaction
Less physical presence can lead to a decline in social contact within the team. To prevent this, it is advisable to:
plan regular meetings
organize informal exchanges
Expenses and professional costs
Additional costs incurred by working remotely must be covered by the company. These include, for example, the proportionate costs for internet access or telephony.
Professional development
Working remotely should not hinder professional development. It is good practice to provide relevant online courses and suitable learning opportunities internally or via external platforms.
With the increasing prevalence of working remotely, it makes sense for companies to review and further develop their HR processes. This supports compliance with legal requirements and enhances the employee experience.
