Introductory Ordinance to the Federal Act on Home Work of 20 March 1981 - Supervisory and Enforcement Authorities

1. The Department of Construction and Economic Affairs supervises the enforcement of federal legislation on homework.

2. The enforcement of federal legislation on homework is the responsibility of the cantonal labor inspectorate in conjunction with the municipal offices that assist in the enforcement of employment law.

1. The Department of Construction and Economic Affairs decides in cases of doubt about the applicability of the law (Art. 2 HArG) and grants exemptions from the time restrictions on the issuance and acceptance of home work (Art. 7 para. 1 HArG).

1. The Labor Inspectorate is entrusted with the following tasks in particular

a) Management and verification of the employer register (Art. 10 and 15 para. 3 of the HArG as well as Art. 11 para. 2 of the HArGV);

b) Issuing the certificate of registration in the employer register (Art. 10 para. 1 of the HArGV). The Federal Labor Inspectorate and the competent municipal office shall receive a copy of the certificate;

c) Advising employers and home workers (Art. 11 para. 2 of the HArGV);

d) Submission of the annual report to the Federal Office for Industry, Trade and Labor (Art. 15 para. 4 of the HArG and Art. 11 para. 3 of the HArGV);

e) Coordination of enforcement measures with enforcement authorities of other cantons when home work is issued beyond cantonal borders.

1. The following duties in particular are the responsibility of the competent municipal authorities

a) Conducting inspections at employers and home-based workers to ensure compliance with the federal legislation on home-based work (Art. 11 para. 2 HArGV);

b) Monitoring the compliance with the obligation imposed on employers to maintain a directory of home-based workers (Art. 10 HArG and Art. 10 para. 2 HArGV);

c) Submitting the annual report to the cantonal labor inspectorate using a form.

1. Appeals against orders and decisions of municipal authorities and the cantonal labor inspectorate can be filed with the Department of Construction and Economic Affairs.

2. Appeal decisions of the Department of Construction and Economic Affairs can be further challenged before the Superior Court.

1. Offenses within the meaning of the penal provisions of the Home Work Act are prosecuted in accordance with the provisions of the law of April 30, 1978, on criminal procedure (Criminal Procedure Code).

1. The ordinance of March 29, 1945, regarding the Federal Act of December 12, 1940, on home work is repealed.

1. This regulation comes into force immediately.