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Even when working from home, you remain responsible as an employer for a healthy and safe workplace. The Working Conditions Act and the Working Conditions Decree apply to location-independent work, with a less stringent regime: you must ensure an ergonomically sound workplace and proper instruction.
The Working Conditions Act also applies at home
If an employee works from home with your consent, the Working Conditions Act refers to this as location-independent work. Some occupational safety and health regulations remain applicable: you have a duty of care for the health and safety of the employee, including at the home workplace.
An ergonomic workplace
You must ensure that the home workplace is set up ergonomically: a good chair, a work surface at the correct height, and a suitable monitor. Often, this means providing or reimbursing aids and educating the employee about healthy working practices.
Lighter regime than at the office
A more flexible regime applies to working from home than to a company location: not all regulations apply one-to-one. However, the core—a healthy and safe workplace and proper information—remains valid. You may trust that the employee follows reasonable instructions.
Record agreements
Make agreements regarding the setup of the workplace, the reimbursement of aids, and mutual responsibilities. A teleworking policy in your personnel policy prevents ambiguity and limits your liability.
Frequently Asked Questions
Do I have to pay for a home office chair?
You must ensure an ergonomic workplace; this often means providing or reimbursing aids. You specify the exact details in your teleworking policy.
Am I liable for an accident at home?
Your duty of care also applies at home, but under a less stringent regime. Whether you are liable depends on whether you have fulfilled your duty of care and on the circumstances.
Am I allowed to refuse or terminate working from home?
There is no unconditional right to work from home; you make agreements regarding this. Record the conditions and the possibility of revision.
Want to properly manage your remote work policy?
Our legal experts establish a teleworking policy in your employee handbook. View our employment lawteam or schedule a free consultation.
