Outsourced Homeworking Contracts

Definition

Under an outsourced homeworking contract, a homeworking employee is under a duty to carry out work for an employer against remuneration in the dwelling or in another workroom defined by the homeworker, alone or together with family members (comp. Art. 351 of the ‘CoO’).

Statutory basis

An outsourced homeworking contract is regulated by Art. 351 et seq. of the CoO’. In supplementation thereof, the requirements of the individual contract of employment are also to be applied (comp. Art. 355 of the ‘CoG’). The work protection aspect is regulated under the Swiss Legislation governing Homeworking (‘HArG – Heimarbeitsgesetz’).

Essential differences from usual contracts of employment

Duties of the homeworker: under an outsourced homeworking contract, certain duties obtain for the homeworker, in regard to the execution of the work and the treatment of the associated materials and working tools (comp. Arts. 352 and 352a of the ‘CoG’).

Duties of the employer: an employer is subject to particular duties in regard to the acceptance of a work testimonial and the payment of remuneration (comp. Art. 353 et seq. of the ‘CoG’).