Remote Work Agreement (Homeoffice-Vereinbarung)
A remote work agreement is a written document between employer and employee that sets out the terms of working from home: which days, which location, who pays for internet or equipment, and how availability is managed. Swiss employers must have one in place before an employee starts working remotely, to avoid disputes over costs, liability, and working hours.
A Homeoffice-Vereinbarung is a written agreement that specifies the conditions under which an employee may work from home. It covers frequency (days per week), location, equipment provision, cost responsibility, and communication expectations.
Swiss law does not mandate remote work agreements, but the Federal Office of Justice and labour courts expect them. Without one, liability for home office injuries, equipment damage, and disputes over working hours falls on the employer. The agreement protects both parties.
When You Need a Remote Work Agreement
Any employee working from home more than occasionally requires a written agreement. This includes full-time remote roles, hybrid arrangements (e.g. 3 days office, 2 days home), and temporary remote work lasting more than a few weeks.
The agreement must be signed before remote work begins. If an employee is already remote without a written agreement, create one immediately—backdate it if necessary, and have both parties sign. Verbal agreements are not enforceable under Swiss law.
- Full-time remote work or hybrid schedules (2+ days per week from home)
- Temporary remote work arrangements lasting more than 4 weeks
- Employees working from client sites or co-working spaces regularly
- New hires who will work partly from home
- Existing employees transitioning to hybrid or remote roles
- Seasonal or project-based remote work
Your Obligations as an Employer
You must ensure the home office setup does not create health and safety risks. Under the ArG (Arbeitsgesetz), you remain liable for workplace injuries even at home. Provide ergonomic guidance, and document that the employee has confirmed a suitable workspace.
Clarify who pays for internet, heating, electricity, desk, chair, and computer. Most Swiss employers cover equipment and software; employees often cover utilities. Tax authorities (cantonal Steuerverwaltung) expect this split to be documented for tax deductibility claims.
- Specify which equipment the employer provides (laptop, monitor, chair, desk)
- State whether the employer reimburses internet costs or provides an allowance (e.g. CHF 50–150 per month)
- Confirm working hours and availability expectations (synchronous vs. asynchronous)
- Document data security requirements (VPN use, encryption, no public Wi-Fi rules)
- State the employee's obligation to report home office injuries to you immediately
- Include a clause allowing you to terminate the agreement with reasonable notice (typically 1–4 weeks)
The Single Most Common Mistake
Employers often fail to specify who pays for internet and utilities, or leave it ambiguous. This leads to reimbursement disputes and tax complications. Be explicit: 'Employer pays for laptop, monitor, and CHF 100/month internet allowance; employee pays heating and electricity.'
A second frequent error is not documenting that the employee has confirmed the home office meets health and safety standards. If an injury occurs and no written record exists, the employer's liability is harder to defend. Always ask the employee to confirm, in writing, that the workspace is suitable.
- Vague cost allocation ('employer covers costs') without itemisation
- No written confirmation from the employee about workspace suitability
- Missing data security or confidentiality clauses
- No clear start or end date for the remote work arrangement
- Forgetting to mention what happens if the employee breaches the agreement
- No clause covering termination of the remote work agreement separately from employment
Frequently asked questions
- Do I need a separate remote work agreement, or can it be part of the employment contract?
- Either works legally. A separate addendum is cleaner and easier to update if remote work terms change. If it is part of the main contract, ensure it is clear and specific. Swiss labour courts expect written documentation of remote work conditions; form is less important than clarity.
- What if an employee injures themselves at home during working hours?
- Swiss accident insurance (SUVA or equivalent) typically covers work-related injuries at home, provided the employee was performing work duties. You must report the injury to your insurer. Having a signed agreement that documents the home office arrangement and safety confirmation strengthens your position with the insurer.
- Can I terminate the remote work agreement without ending employment?
- Yes, if your agreement includes a termination clause. Typically, you can end remote work arrangements with 1–4 weeks' notice and require the employee to return to the office. A lawyer should review your specific clause to ensure it complies with local labour norms (canton-specific rules may apply).
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.