Switzerland: entry into force of a somewhat vague telework obligation

The editorial team is offering you free access to this article
Start your free 1-month trial to access all our content

According to an ordinance promulgated by Switzerland’s Federal Council on 13 January, telework is mandatory throughout Switzerland from 18 January 2021 to 28 February 2021. The measure that various lobbies have tried to stall since December 2020 was finally adopted prompted by the worsening health situation. So, what had previously been a recommendation has now become an obligation, potentially affecting nearly 2.1 million people, according to estimates by the Federal Statistical Office. However the ordinance is less binding than it first appears. The text specifies that telework must be implemented in all companies, “wherever possible without disproportionate effort and as long as the nature of the activities allows it”, a somewhat vague indication that leaves a certain margin for maneuver. “The employer is required to conduct a situation analysis and decide what it can implement at a reasonable cost. The employer continues to be responsible for the health of its employees,” clarified Marco Taddei, head of the Swiss Employers’ Association French-speaking Romandy section. Each company must therefore decide for itself. Exceptions are however possible. “An employer not wishing to comply with this obligation will have to justify it objectively. The cantons’ relevant bodies in charge of implementing the measures may have to check if such justifications are sufficient”, explained Benoît Gaillard, spokesman for the Swiss Trade Union Federation (USS). The State Secretariat for Economic Affairs (SECO) also indicates that it is possible to turn to the cantonal labor inspectorate if an employer refuses to authorize working from home, even when possible. Another confusing area surrounds the issue of who bears the cost of home working, and the ordinance does not really throw light on the issue. The USS is demanding that the ordinance be amended to clarify the nature of the costs to be borne by employers and it is also calling for telework to be regulated by a collective agreement.

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
United Kingdom: Parliament finally passes Employment Rights Bill
The UK Labour government's flagship reform of employment rights was passed by both houses on 16 December after a turbulent parliamentary process. The bill introduces numerous changes to labour...
18 December 2025
EU: social partners in telecoms sign joint statement on AI
On 16 December, the social partners in Europe's telecommunications sector unveiled a joint statement on artificial intelligence. They propose an action plan for skills and commit to raising...
18 December 2025
EU: MEPs demand directive on algorithmic management
Members of the European Parliament have called for a directive on algorithmic management. Such legislation would introduce obligations for companies to inform employees, assess health and safety...
17 December 2025
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Spain: new terms and conditions for in-company training contracts
On 25 November, Spain's Council of Ministers approved a regulation on training contracts. This text defines the terms and conditions for hosting work-study students and interns doing professional...
2
France: sectors feel economic slowdown to differing degrees
The latest data on France’s occupational sectors (branches professionnelles), covering the year 2023, show how employment trends are shaping workplace dynamics. After a more favourable period for...
3
Germany: apprenticeship openings fall sharply in manufacturing and chemicals
From 1 January 2026, Dutch collective agreements for temporary employment agencies will alter the employment conditions of temp workers. Agencies will be required to pay these workers at least the...