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If companies require their employees to work from home, they would have to pay for a proper home office infrastructure. What applies to the pandemic?
Working from home saves travel, but increases the electricity bill.
Back pain after working at the kitchen table and excessive working hours – The home office has a number of difficulties. As many employees return to doing their work from home, labor law questions reappear: Is the employer responsible for ensuring that employees have an ergonomic office chair? Who pays for the second screen? And do employees get the highest electricity bill?
Those who work voluntarily in the home office generally do so on their own.
In May, almost all the major Swiss media reported that employers may have to pay their employees part of the apartment rent if employees are required to work at the head office. The headline was based on a federal court decision in 2019, however the circumstances of the ruling were very specific: the employer did not provide a suitable office workstation; instead, the employee at his home had to keep a file for the employer of the space available in the private apartment. I take. The Federal Court determined that this was not allowed and forced the employer to make retroactive payments of CHF 150 per month for the employee’s rent.
Since then, employees have wondered if they are entitled to compensation when they work at home. Legally, two principles apply: if the employee works at home on a voluntary basis, she has to pay for the home office infrastructure herself. If the employer forces her to do so, she can insist on adequate compensation or demand that the company provide certain infrastructure for her home office.
Professor of labor law demands good will
Corona is putting this principle to the test, because it is debatable whether actions are taken primarily out of necessity or voluntary in times of pandemic. A court has not yet decided how the additional home office costs will be distributed between employees and employers. The Federal Council directed its instruction to more home offices as a recommendation to employers. However, it is up to the company if they derive an obligation for the home office from this or if they want their employees to work in the office or at home.
“If a company enacts rules according to which open plan offices can only be occupied up to a certain percentage, then there is scope for employees. In this case, home office work will often be voluntary, ”says Isabelle Wildhaber, director of the Research Institute for Work and Worlds of Work at the University of St. Gallen. “Above all, companies must adapt to the current pandemic situation and create the best possible working conditions for their employees in the central office within a reasonable framework. To conclude from this that each employee should have a complete and ergonomic home office would not be provided. “
One in two employees did not have an ergonomic home office workplace during shutdown
In a survey conducted in spring by opinion research institute GfS Bern, half of the respondents complained of poor ergonomics at work in the home office. However, more than 80% of those surveyed said they were basically satisfied with the home office situation during closure. 13% of the respondents complained of being inadequately equipped with technology.
Some companies had already contractually agreed with their employees before Corona that some of the tasks could be done at home. “So it depends on the wording of the employment contract and the regulations or instructions. The same applies here: if the home office is voluntary, the company doesn’t have to pay anything, ”says Yves Gogniat, a lawyer at Wicki Partners. In individual cases, however, it may appear different and general statements do not always apply to special cases.
In recent days, the employers’ association has also made a name for itself with a guide to working from home. He published a template for a contract in which employees should commit to bear the costs of the home office themselves. Hansruedi Wyss, a lawyer at the Zurich law firm Bratschi, would advise his clients to find a differentiated solution. “If employees bear the costs necessary to perform the job, compensation is required by law,” says Wyss. “In the home office area, however, it would also be possible to cover costs with a flat fee. This is always the case when there is no workstation available in the company or when working in the home office entails expenses that go beyond the usual basic equipment. “
Zurich offers home office infrastructure to your home
Many companies, including Zurich Insurance, Nestlé, Lonza, Stadler, Partners Group, Digitec, Roche, and Raiffeisen, have acted non-bureaucratically and allowed their employees to take home office furniture and displays or to borrow equipment. For many, this is still tolerated. However, in the long run, it doesn’t make sense because office workplaces should remain functional, Zurich writes. That is why the insurance company will provide a screen, mouse and keyboard to its employees at home for free in the coming weeks. Credit Suisse also provides computer accessories and contributes to the cost of the height-adjustable chairs and freestanding screens. SIX contributes to the cost of independent displays. Mobiliar intends to make a home office kit available to its employees soon.
At ZKB and many small and medium-sized businesses, these loan or cost-sharing programs are not currently planned. “Why should employees take their office chairs when they already have one at home?” Says Dieter Schulmann, managing director of the Zurich IT security office, DAP. His employees had been working from home for years. Many enjoy the fact that they save time on the road and accept higher private electricity costs in return. “However, it certainly makes sense for companies to provide good monitors for work at home. After all, we want employees to be as productive as possible. We also pay attention to your health. “The entrepreneur sums up what many people think: the home office is a give and take.
None of the companies surveyed pay their employees any compensation or a lump sum for the costs of electricity or Internet subscription. Rentals are also not partially remunerated. “That may be justified in the current crisis situation,” says Isabelle Wildhaber of the University of St. Gallen. “But if people stay in the central office for the long term or if employers don’t offer enough workplaces in the future, that will change.” If companies save office space, they may have to expect higher compensation costs for employees in the future.
