Accommodation requirements

The requirements for workers' accommodation, when provided by the employer for workers who are assigned away from their regular workplace, constitute a mandatory condition of employment. Where a collective agreement provides for it, the employer has to provide accommodation for workers who are assigned away from their regular place of work. However, the right to an accommodation provided by the employer is not itself a mandatory working condition. Only the requirements to be met by such accommodation are mandatory.

The employer may provide accommodation directly or indirectly, in return for payment or free of charge. Direct provision of an accommodation is the case when the employer rents the accommodation, e.g. rooms in a pension or hotel, in his own name and for his own account. Indirect provision of an accommodation is for instance the case, where the employer involves a broker or rental company in order to provide the worker the accommodation.

Accommodation is used for permanent or temporary housing, or at least for an overnight stay. It has to consist of at least one bedroom and accompanying sanitary facilities, which may also be shared, and also possibly be equipped with a kitchen.

Specific accommodation requirements depend on what is specified in the respective collective agreement. If the collective agreement refers to the Workplaces Ordinance (ArbStättV), the "Technical rules for workplaces - accommodation (ASR A4.4)" issued for this purpose can be used as a more specific framework.

For example, the following requirements for accommodation must be met:

• Utilities: water, sewage and electricity
  The water supply requirement is only fulfilled if the water is potable. Non-potable service or process water (used water, water for industrial purposes) is not sufficient. The accommodation must be supplied with electricity and sewage disposal must be available.
• Protection against outside weather and humidity
  Roofs, walls, ceilings, floors, windows and doors have to provide adequate protection against outside weather conditions such as draught, excessive heat and cold and humidity.
• Housing with heating
  Housing has to have heating. The mere presence of a technically functional heating system is not sufficient. It must also be supplied with heating power during the corresponding season, which usually covers the period from 1 October to 30 April. This implies that the correct energy source is available for the respective type of heating (e.g. a functioning gas connection for a gas heating system). The use of electric radiators or fan heaters as a substitute for central heating is permitted. However, the use of gas-powered fan heaters is not permitted.
• Functioning sanitary facilities
  A functioning toilet and washing facilities have to be made available.
• No indoor pollution
  The accommodation must be free of indoor pollution, i.e. air contamination e.g. by biological (germs, fungi, especially mould) or chemical pollutants (insulation materials or vapours from adhesives, varnishes, paints and coatings).
• The accommodation has to be kept free from vermin infestation
  Vermin comprises above all harmful pests such as rats, mice or cockroaches.
• Overcrowding is not permitted
  An area of at least 8 m² has be available to each occupant of the accommodation.
• Safety from any other hazards
  The accommodation must be structurally free of hazards, e.g. there must be railings on stairs and lighting in all rooms; the electrical system must not pose any hazards.