Labor matters

Key considerations when switching to working from home

When switching to working from home, you must arrange three things properly: the setup and reimbursement of the home workspace, a clear teleworking policy, and your duty of care for a healthy workplace. Tax conditions apply to tax-free reimbursements. Reimbursing the home workspace...

Published on April 9, 2020 by MKBjuristen.nl
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When switching to working from home, you must arrange three things properly: the setup and reimbursement of the home workspace, a clear teleworking policy, and your duty of care for a healthy workplace. Tax conditions apply to tax-exempt allowances.

Reimbursement for the home office

You can reimburse certain home working costs tax-free under the Work Expenses Scheme. For necessary equipment, such as a laptop or phone, the necessity criterion often applies. There is now also a targeted exemption for a fixed home working allowance per day worked from home. (The amounts and conditions change periodically; check the current regulations with the Tax and Customs Administration.)

Establish a teleworking arrangement

Make clear agreements: who is allowed to work from home, how often, which costs you reimburse, and how you handle accessibility and data security. A written teleworking policy prevents ambiguity and disputes.

Your duty of care also applies at home

The Working Conditions Act also applies to working from home (location-independent work). You must ensure an ergonomically sound workplace and provide proper information, under a lighter regime than in the office. Make aids available where necessary.

Pay attention to privacy and security

Working from home increases the risks to data security. Make agreements regarding safe working practices, the use of personal equipment, and the handling of confidential and personal data to ensure you remain compliant with the GDPR.

Frequently Asked Questions

Am I allowed to reimburse the home office tax-free?

Often yes within the work-related expenses scheme and the applicable targeted exemptions. The conditions and amounts change; check the current rules.

Do I need to draw up a telework agreement?

A written teleworking arrangement is highly recommended: it sets out rights, obligations, and compensation and prevents disputes.

Am I responsible for the home office?

Yes, your duty of care under the Working Conditions Act also applies at home, albeit under a less stringent regime. Ensure an ergonomic workplace and provide information.

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.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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