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Old 11.12.2020, 12:53
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Do I have to get my boss's approval if I choose to go to Spain during home office?

To clarify, I work in Switzerland and am thinking about going to Spain for 2-4 weeks to work remotely as my employer has asked everyone to perform home-office to prevent COVID.

Do I have to tell my boss and get his approval? or I just have to inform him? I checked our corprorate home office regulation but can't find any provisions for such a situation. He is managing a big team so I generally avoid bothering him for things not important for him.

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Old 11.12.2020, 13:00
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

I would say just do it or let him know that you plan to do it. Depending on how you connect to the office there might be problems e.g. if the security system requires you to be in Switzerland. If infection rates suddenly go down then it could be the boss needs you suddenly in the office. Otherwise there could be a problem with taxation is work for too long in another country but generally a blind eye is being turned these days.
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Old 11.12.2020, 13:02
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

We can't answer that because it depends on your employment terms, and probably whatever specific rules are in place around coronavirus.

In any case I would definitely ask your manager; they can confirm the rules and may have flexibility regarding them, whereas doing this without asking could be a significant breach of your contract.
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Old 11.12.2020, 13:03
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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To clarify, I work in Switzerland and am thinking about going to Spain for 2-4 weeks to work remotely as my employer has asked everyone to perform home-office to prevent COVID.

Do I have to tell my boss and get his approval? or I just have to inform him? I checked our corprorate home office regulation but can't find any provisions for such a situation. He is managing a big team so I generally avoid bothering him for things not important for him.

Thanks
why don't you just ask him, neut?
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Old 11.12.2020, 13:25
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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To clarify, I work in Switzerland and am thinking about going to Spain for 2-4 weeks to work remotely as my employer has asked everyone to perform home-office to prevent COVID.

Do I have to tell my boss and get his approval? or I just have to inform him? I checked our corprorate home office regulation but can't find any provisions for such a situation. He is managing a big team so I generally avoid bothering him for things not important for him.

Thanks
From a personal responsibility perspective, you don't need to ask for permission to anyone. Because the boss had no power to give permission for anything, there's a contract and that's it. So, it's informing. If the boss knows the contract, this person can advise if it's possible or not under the rules. If the boss does not know the contract, this person can even land you in trouble for saying "it's possible" when the contract says no.

But, I guess it's complicate and not even your boss may know the legal ramifications unless the company usually sends workers abroad.

From the legal point of view, there's a discussion on several workplaces on how to consider home office in contracts even for us working from home within CH. To begin with, an accident at home during home office, how to insure it? What kind of insurance kicks in? Professional or non-professional accident if you lose your step and fall to the floor while grabbing a coffee for the next video call?

Insurance is also limited by geographical coverage. When my colleagues work abroad for a long period, additional insurance is contracted. Not sure if the standard insurance the company has to pay your salary in case of illness/accident works or something else has to be paid.

Then comes the incertitude about borders closing and quarantine periods. If you have the flexibility to arrive 1 week later, no prob. If you have to meet hard deadlines, not so easy.

Maybe I'm just a scared guy that worries to much about insurance coverage. Anyway, give it a thought.
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Old 11.12.2020, 13:40
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

Isn´t there some regulation on people from Switzerland working in the EU temporarily?


I have to have an A1 document with me when I work from the German office, stating that my social security insurance is in Switzerland.


Not that the chances are high someone asks, but still. I´d assume this may also be applicable to Spain?
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Old 11.12.2020, 14:22
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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Maybe I'm just a scared guy that worries to much about insurance coverage.
I think so.
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Old 11.12.2020, 14:27
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

I would check with health insurance, too. If you get ill and end up on ventilator when you are suppsed to be here in CH on homeoffice, the sick leave gets paid by.. and the cost of hospitalization when you are supposed to be physically in CH..?
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Old 11.12.2020, 14:29
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

The OP's contract is unlikely to have anything about working from home if WFH was not part of the original agreement. If the company tells everyone to work from home based upon government advice this is not a breach of contract.
Insurance covers you pretty much everywhere.
Working 2-4 weeks, 10 to 20 working days is in itself no issue when it comes to regulations, BUT, could become one should the employer require the OP to work outside Switzerland at another time or the OP chooses to, but the rules aren't really being enforced at the moment. I know several people working from their home country and so far nothing at all has been made of it.
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Old 11.12.2020, 14:45
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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Do I have to tell my boss and get his approval?
Yes.
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Old 11.12.2020, 15:28
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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I would check with health insurance, too. If you get ill and end up on ventilator when you are suppsed to be here in CH on homeoffice, the sick leave gets paid by.. and the cost of hospitalization when you are supposed to be physically in CH..?

1. Certain parts of Spain like the Canary islands are actively trying to attract long term tourists doing their home office from the beach. One thing they did is that the province bought an insurance for every tourist for all health costs connected to a potential covid infection while on the islands.


2. Just to state the obvious (but it hasnt been said yet on here): A lot of EF folks work in the financial sector. If you are an IT guy you normally dont have to care about it as you work from your office... so you might not even know about it, but: There is a lot of very tight regulation in place. That also excludes most if not all cross border work... because a lot of the data is not allowed to be accessible from outside CH.



Might sound banal, but I give a simple example: Here in Luxembourg is the situation the same. However, over 50% of the workforce commutes into the country every day. So when people were supposed to work from home but are not legally allowed to do so... the financial regulator this year for the first time ever opened this up. A little. So it was allowed to work from one of the three neighbour countries: France, Belgium and Germany. Not any other ones. Banks made sure their systems were accessible from the 3 but closed to any other country. Yes, you can potentially get around any of that if your are smart, but then you are actively breaking the law. So during the low in summer we took advantage of it and worked for a week from a nice place at the northern German coast. Not because we wanted to go there, but because the much closer Dutch coast or Spain would be off limits for regulatory reasons...


Anyways, the point is: no, its not just what is written in the work contract. A lot of other things might or might not apply depending on the job.
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Old 11.12.2020, 16:31
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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Because the boss had no power to give permission for anything, there's a contract and that's it. So, it's informing. If the boss knows the contract, this person can advise if it's possible or not under the rules. If the boss does not know the contract, this person can even land you in trouble for saying "it's possible" when the contract says no.
Why would this be the case. Contracts can be changed at any time by agreement.

The boss is a representative of the company, given the authority to communicate with and manage their staff.

If they are asked a specific question, then their response should be binding on the company, and I can't imagine any (decent) company penalising an employee who made a valid request and acted on the advice of their boss.

Also most topic are NOT covered directly by the employment contract, they are covered by policies and procedures which the employment contract references and which change over time. A lot of those policies probably directly refer to authorisation and the process of management, and actually working remotely in my experience is normally one of the ones which says "if approved by your boss".
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Old 11.12.2020, 20:27
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

There are tax implications to consider too.
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Old 11.12.2020, 20:35
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

Can only confirm Treverus - it would be a breach of contract and grounds for immediate dismissal if I were to log-in externally to the company infrastructure from outside Switzerland without pre-approved safeguards in-place. These are consistently monitored.
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Old 11.12.2020, 21:15
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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To clarify, I work in Switzerland and am thinking about going to Spain for 2-4 weeks to work remotely as my employer has asked everyone to perform home-office to prevent COVID.

Do I have to tell my boss and get his approval? or I just have to inform him? I checked our corprorate home office regulation but can't find any provisions for such a situation. He is managing a big team so I generally avoid bothering him for things not important for him.

Thanks

I guess it depends on what kind of relationship you want to with your boss and how long you want to be with the company...


It should be obvious to you that the proper way to go about this is discuss it with your boss, check out the legal situation etc and enure that everyone is happy with the situation.


Remember that in Switzerland, an employer can let you go without a reason so long as they follow the termination terms of your contract.
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Old 11.12.2020, 21:35
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

What happens if they close the borders? Or if your boss decides that next week everyone returns?

I would also look into the insurance bit. I am not sure what current travel advisory exist but would imagine that it's still trying to discourage travel so why people keep on trying to travel is beyond me...
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Old 12.12.2020, 00:43
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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What happens if they close the borders? Or if your boss decides that next week everyone returns?

I would also look into the insurance bit. I am not sure what current travel advisory exist but would imagine that it's still trying to discourage travel so why people keep on trying to travel is beyond me...
Accident insurance is the most obvious, and IMHO indisputable, reason why OP needs the employer's Ok. Good luck if he breaks his back, or someone else's, while abroad without prior permission - he'll pay for it in one form or other until the days he dies.

The mere fact that he's asking on here, rather than calling up the employer's HR, shows that he's already aware of the need to get permission.
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Old 12.12.2020, 07:37
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

Just realized you are the same OP asking if it's a good idea to go to Spain as it's sunnier and the pools are open.

Really how many times do you want to ask the same question?
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Old 12.12.2020, 07:47
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

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To clarify, I work in Switzerland and am thinking about going to Spain for 2-4 weeks to work remotely as my employer has asked everyone to perform home-office to prevent COVID.

Do I have to tell my boss and get his approval? or I just have to inform him? I checked our corprorate home office regulation but can't find any provisions for such a situation. He is managing a big team so I generally avoid bothering him for things not important for him.

Thanks
If you can't ask or inform your boss something so simple then I am a little surprised. This is what he gets paid for and he should be at least aware where his employees are working from. It sounds more like you are worried he will have a negative reaction to it and are trying to justify not telling him.

My company has recently said that it is NOT ok to work from another country (ie: not be on vacation but not in CH) for too long over the Christmas period in case COVID means you get stuck there. I guess other companies will say the same.

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Can only confirm Treverus - it would be a breach of contract and grounds for immediate dismissal if I were to log-in externally to the company infrastructure from outside Switzerland without pre-approved safeguards in-place. These are consistently monitored.
What does your company work with, 1990's technology? It shouldn't be even possible to log on to your "secure company infrastructure" without a VPN or other secure methods of authentication, so it shouldn't matter where you are. Generally nowadays, the only thing that matters geographically is cross-border transport of company laptops that contain locally stored data.

Last edited by Chuff; 12.12.2020 at 08:01.
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Old 12.12.2020, 08:30
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Re: Do I have to get my boss's approval if I choose to go to Spain during home office

I think the risk is high. If OP is an indispensible employee and homeoffice working out ok for him, I can't see why his boss wouldn't agree (maybe to not entice other colleagues to work from resorts, or to have his boss accused of preferential treatment..). But the days of even more layoffs are coming, I think. Despite the need to be happy, warm, bathing in sunshine and marvelous hispanic culture - I'd worry about losing my job. Lot of people do now.

Last edited by MusicChick; 12.12.2020 at 09:04.
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