Working at a distance. Remote workers: legal aspects of hiring Work certificate of remote work
Today, the concepts of “remote work” and “distance workers” have become firmly established in everyday life. However, many questions related to concluding an employment contract with remote employees and the specifics of their labor situation remain open.
Who is a remote worker
According to Part 2 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are considered to be persons who have entered into an employment contract on remote work.
Remote work is considered to be work that meets the following criteria (Part 1 of Article 312.1 of the Labor Code of the Russian Federation):
The employee performs his duties outside the location of the employer (branch, representative office, other separate division, including those located in another area);
Outside a stationary workplace;
Outside the territory or facility controlled by the employer;
Subject to the performance of his functions, the employee maintains contact with the employer directly through the Internet or other public information and communication network.
Note that in this case the employer is deprived of the opportunity to directly or indirectly control the workplace of such an employee.
Labor legislation does not establish what position an employee must hold with whom an employment contract for remote work can be concluded. Thus, almost any employee can be made remote. Another issue is whether the employer decides on the feasibility of remote work independently. Thus, web designers, programmers working remotely, and other employees whose work does not require their presence in the office can be made remote workers.
It should be remembered that remote workers are subject to labor legislation (Part 3 of Article 312.1 of the Labor Code of the Russian Federation).
Note that the concept of “remote worker” is quite different from the definition of such a category of workers as “homeworkers”. At first glance, both of these categories of workers seem similar, but the legal regulation of their situation differs in many ways.
The main differences between remote workers and homeworkers are given in Table. 1.
Table 1. Remote workers and homeworkers: main differences
Working conditions |
Homeworkers |
Remote workers |
---|---|---|
Workplace organization |
The workplace is located at the employee’s home (Part 1 of Article 310 of the Labor Code of the Russian Federation). |
The employee does not have a clearly defined workplace. Such an employee can perform his functions both at home and in another place (for example, in a room rented by the employee himself) |
Nature of work performed |
The work of homeworkers is, as a rule, aimed at the production of consumer goods, the provision of certain types of services to citizens and enterprises (clause 3 of the Regulations on the working conditions of homeworkers, approved by Resolution of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated September 29, 1981 No. 275/1799). Basically, the work of homeworkers is mechanistic in nature and involves performing monotonous operations. |
The labor function of an employee is associated mainly with intellectual work. To carry it out, the employee usually uses a computer and the World Wide Web. |
Materials and tools |
The employer supplies the employee with the materials and tools necessary for him to perform his labor function (Part 1 of Article 310 of the Labor Code of the Russian Federation). If the tools belong to the employee, the employer pays him compensation for their wear and tear (Part 2 of Article 310 of the Labor Code of the Russian Federation) |
The employer supplies the remote worker with equipment, software and hardware, information security tools and other means in the manner specified in the employment contract. When an employee uses his own equipment, software and hardware, information security tools and other means, the employee is paid compensation in the manner determined by the employment contract (Part 1 of Article 312.3 of the Labor Code of the Russian Federation) |
Third party participation |
Relatives of the homeworker can participate. At the same time, they do not have an employment relationship with the employer (Part 1 of Article 310 of the Labor Code of the Russian Federation) |
The employee personally performs his work function |
Operating mode |
The employee independently determines his own work schedule |
The working hours can be established in the employment contract. But if it is not established in the contract, the employee determines it for himself independently (Article 312.4 of the Labor Code of the Russian Federation) |
Electronic document management |
Not provided |
Widely applied |
We are hiring a remote worker
When applying for a remote worker to work, two situations are possible.
An employee may personally come to the employer’s office, for example, to provide documents or sign an employment contract. In this case, his registration for work is no different from the registration of other employees.
If an employee does not have the opportunity to come to the employer’s location, his registration for work takes place through electronic document management. But even in this case, the procedure for registering an employee for work is practically no different from the usual registration of employees.
Let’s take a closer look at the procedure for applying for a job as a remote worker.
Documents required for concluding an employment contract
Article 65 of the Labor Code of the Russian Federation provides a list of documents that must be provided to an employee when concluding an employment contract. Such documents are:
Passport or other identification document;
Work book, except for cases when an employment contract is concluded for the first time or the employee starts working on a part-time basis, and also if the employee does not have a work book of the standard standard in the Russian Federation or the work book is missing due to its loss, damage or for another reason;
Insurance certificate of state pension insurance, except for the case when an employment contract is concluded for the first time. Note that if an employment contract is concluded with a remote worker for the first time and through an exchange electronic documents, such an employee receives an insurance certificate independently (Part 4 of Article 312.2 of the Labor Code of the Russian Federation);
Military registration documents - for those liable for military service and persons subject to conscription for military service;
Document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training;
A certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds when entering a job related to an activity that is not permitted to persons who have or have had a criminal record, are or have been subject to criminal prosecution.
There is no requirement to provide other documents of the Labor Code of the Russian Federation, including Chapter 49.1 of the Labor Code of the Russian Federation.
A remote worker can send the following documents (Part 3 of Article 312.2 of the Labor Code of the Russian Federation):
In electronic form (for example, in the form of scanned copies sent to the employer’s email address). In this case, the employer is obliged to send the employee an electronic document signed with an enhanced qualified electronic signature (hereinafter - ES), notifying of the receipt of the relevant documents (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). Please note that since the employee sends the relevant documents in electronic form, the accuracy of their copies can also be confirmed by the employee’s electronic signature;
By registered mail with return receipt requested. In this case, copies sent to the employer must be notarized. Please note that Part 3 of Art. 312.2 of the Labor Code of the Russian Federation directly provides for the possibility of the employer requiring the remote employee to send the specified documents by mail in the given order.
Note!
According to Part 6 of Art. 312.2 of the Labor Code of the Russian Federation, information about remote work by agreement of the parties may not be included in work book such an employee. If an employee goes to work for the first time, he does not have to issue a work book. A copy of the employment contract sent to the employee will be a document about his work experience and work activity.
But if the employee insists on making the appropriate entry in the work book, he must provide it personally or send it to the employer by registered mail with return receipt requested (Part 7 of Article 312.2 of the Labor Code of the Russian Federation). We will tell you below how to correctly fill out a work book in this case.
Familiarization with local regulations of the employer
In accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, when hiring (before signing an employment contract), the employer is obliged, against signature, to familiarize the employee with the internal labor regulations, other local regulations (hereinafter referred to as LNA), directly related to work activities, and the collective agreement.
When hiring a remote employee, the employer can send him such documents in electronic form (Part 5 of Article 312.2 of the Labor Code of the Russian Federation). In turn, the remote worker must send the employer an electronic document confirming the fact that he has familiarized himself with the sent documents. Such a document must also be certified by the employee’s enhanced qualified electronic signature (Part 4 of Article 312.1 of the Labor Code of the Russian Federation).
Registration of an employment contract
In order for an employment contract with an employee to be considered an employment contract for remote work, it must reflect a number of essential conditions.
Remote work condition
The obligation to indicate in the employment contract that the work is remote does not directly follow from the Labor Code of the Russian Federation. But you need to pay attention to the next point.
By general rule One of the mandatory conditions of an employment contract is the condition on the place of work. And in the case when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another area, the employment contract must indicate the place of work indicating the separate structural unit and its location (Part 2 of Article 57 of the Labor Code of the Russian Federation ).
The current legislation of the Russian Federation does not contain rules directly indicating what should be understood as the place of work of remote employees and how to reflect the condition of the place of work in the employment contract concluded with these employees. But part 1 of Art. 312.1 of the Labor Code of the Russian Federation indicates that remote work is considered to be work that an employee performs outside the location of the employer, outside a stationary workplace. Please note that in this case, the employment contract does not need to list all the features of remote work.
Thus, the employment contract only indicates the fact that the work is remote.
According to Art. 57 of the Labor Code of the Russian Federation, a mandatory condition included in an employment contract is the condition of the place of work. At the same time, Art. 57 of the Labor Code of the Russian Federation does not make exceptions for remote workers. From the definition of remote work given in Art. 312.1 of the Labor Code of the Russian Federation, it follows that for an employee the place of permanent work is his location (see letter of the Ministry of Finance of Russia dated 08.08.2013 No. 03-03-06/1/31945). Based on the above, this condition can be formulated as follows: “The work under this employment contract is remote. The place of work is the location of the employee, determined by the employee independently, located outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer "
Due to the fact that the permanent place of work for a remote employee may be the territory assigned to him, we consider it possible to indicate in the employment contract the following wording of the remote employee’s place of work: “The work under this employment contract is remote. For the purposes of this employment contract, the permanent place of work is considered to be the territory assigned to the employee, namely: _________ (as an option - Moscow).”
Place of conclusion of the employment contract
The employment contract specifies the location of the employer as the place of concluding the employment contract. In this regard, the location of the organization (its head office) should be indicated as the location of the employer. This conclusion is due to the following.
According to Part 1 of Art. 312.2 of the Labor Code of the Russian Federation, the location of the employer is indicated as the place of concluding an employment contract for remote work. According to paragraph 2 of Art. 54 of the Civil Code of the Russian Federation, the location of an organization is the location of its executive body. For organizations with branches and representative offices, the location will be the location of the organization itself (its head office).
However, there may be cases when an employee is hired by the head of a branch (representative office). Such powers can be granted to him on the basis of a power of attorney issued by the organization (clause 3 of article 55, clause 4 of article 185.1 of the Civil Code of the Russian Federation). In this case, when concluding an employment contract, it is also necessary to indicate the location of the organization (its head office) as the place of concluding the employment contract.
This condition of the contract can be formulated as follows: “The place of concluding the employment contract is _______ (indicate the location of the organization).”
Deadline for confirmation of receipt of electronic documents
The next condition that must be reflected in the employment contract with a remote worker is the condition on the timing of sending confirmations in the form of electronic documents certified by electronic signature.
According to Part 4 of Art. 312.1 of the Labor Code of the Russian Federation, an employer and a remote worker can maintain communication by exchanging electronic documents. In this case, both are required to use enhanced qualified electronic signature. Each party to an employment contract, when receiving electronic documents from the other party, must confirm their receipt. This should be done by sending the counterparty a confirmation document in electronic form. Note that the Labor Code of the Russian Federation does not oblige the employee and employer to sign such a document with an enhanced qualified electronic signature. However, in order to protect the confidentiality of information, we recommend that such an obligation be established for the employee in the employment contract. The period within which such confirmation must be sent must also be fixed in the contract.
This can be done by including the following condition in the employment contract: “The party that received an electronic document from the other party via the Internet or other telecommunications network is obliged to send an electronic confirmation of receipt of such document to the other party. The corresponding confirmation, signed with an enhanced qualified electronic signature, is sent within _______ (optionally one business day) from the moment of its receipt.”
Note that the Labor Code of the Russian Federation does not provide for the obligation of both the employee and the employer to provide such confirmation with any specific content. The only requirement is that the electronic document be sent to one party or another. Thus, the employer can independently develop the content of such confirmation. In this case, a sample electronic confirmation can be an integral appendix to the employment contract.
Conditions on the technical equipment of the employee
According to Part 8 of Art. 312.2 of the Labor Code of the Russian Federation, an employment contract may provide for an additional condition regarding the obligation of a remote worker to use equipment, software and hardware, information security tools and other means provided or recommended by the employer when performing his duties. Moreover, Part 1 of Art. 312.3 of the Labor Code of the Russian Federation establishes that the procedure and period for providing an employee with equipment, other technical means, as well as software must be provided for in the employment contract.
At the same time, if the employee uses his own equipment and software, the employer is obliged to pay him monetary compensation (Article 188, Part 1 of Article 312.3 of the Labor Code of the Russian Federation). The period and procedure for payment of such compensation should also be reflected in the employment contract.
If the employer intends to provide the employee with equipment, for example, the following wording is acceptable: “The employer undertakes to provide the employee with the following equipment to perform his job functions:
Personal computer ________ (specify the brand and model of the PC);
- ____________________________ (indicate other equipment that the employer intends to provide to the employee, as an option, a printer, scanner, etc.).
The employer undertakes to provide the employee with the following software:
Database "Consultant Plus";
1C Accounting program;
- ____________________________ (indicate any other software that the employer intends to provide to the employee).
The employer undertakes to provide the employee with the equipment and software listed in this paragraph _____________ (indicate the period during which the relevant equipment should be provided). The equipment and software listed in this paragraph are provided to the employee by ____________ (as an option, delivery to the employee’s place of residence).”
If an employer wants to pay an employee compensation for the use of equipment and software owned by the employee, the corresponding condition can be formulated as follows: “The employer undertakes to pay monthly compensation in the amount of __________ rubles. for the use by an employee of the following equipment and software in the performance of his job functions:
Personal computer ________ (specify the brand and model of the PC);
Mobile phone _____________ (indicate the brand and model of the mobile phone), equipped with a work number ____________ (indicate the work phone number);
- ____________________________(specify other equipment);
Legal reference system ________________(indicate name);
Accounting software _______________(specify name);
- ____________________________ (indicate other software for which compensation is paid).
The compensation provided for in this paragraph is paid to the employee within the following terms _______ (as an option - within the terms provided by the employer’s LNA for payment of wages).”
Conditions on the work and rest schedule of a remote worker
If the employee does not set his own working time and rest schedule, the corresponding condition must also be enshrined in the employment contract (Part 1 of Article 312.4 of the Labor Code of the Russian Federation).
“A teleworker is assigned an eight-hour working day. The start time of the working day is ______, the end time of the working day is ________.”
Along with this, the employer must provide a condition on the procedure for granting leave to the employee (Part 2 of Article 312.4 of the Labor Code of the Russian Federation). This condition may repeat the conditions provided for in employment contracts with “office” employees of the organization.
Procedure and deadline for submitting reports to the employer
According to Part 1 of Art. 312.3 of the Labor Code of the Russian Federation, the employment contract should provide for a condition on the procedure and timing for the submission of reports by a remote worker to the employer. This condition can be formulated as follows: “The remote worker submits to the employer a weekly report on the work done. The corresponding report is provided in electronic form ____________________ (indicate additional conditions for the provision of the report by the employee) by email at __________________, no later than __________ (as an option - 17-00 Friday of the week for which the report is provided).”
Additional grounds for dismissal
In the employment contract, the employer has the right to provide additional grounds for dismissing an employee at the initiative of the employer (Part 1 of Article 312.5 of the Labor Code of the Russian Federation).
Please note that additional grounds should not be of a discriminatory nature (Article 3 of the Labor Code of the Russian Federation) and should not worsen the situation of remote workers compared to other categories of workers.
For example, the fact of a change in his living conditions is not grounds for dismissal of an employee. Unlike a homeworker, an employee is not required to perform his work functions at home. An employee’s change of place of residence will not affect the performance of his official duties. In this case, there is a high risk that the dismissed employee will achieve reinstatement at work, citing the discriminatory nature of such a condition.
At the same time, an employee’s systematic refusal to use information security tools provided or recommended by the employer at work may become a valid reason for dismissal.
Additional reasons for dismissal may include the following:
Repeated violation by a remote worker of deadlines for submitting reports on work performed;
Repeated failure by the employee to comply with the deadlines for completing the work assigned to him or the non-compliance of its results with the requirements set out in the employment contract;
Repeated violation of deadlines for confirmation by a remote worker of the fact of receipt of documents in electronic form.
It is not enough for the employer to simply provide the relevant grounds in the employment contract. A procedure for establishing the fact of such violations should be developed and enshrined in the LLA (internal labor regulations).
Thus, the fact of an employee’s refusal to use the information security tools provided to him must be documented. This can be done, for example, by drawing up a report by a technical specialist, on the basis of which a report on the corresponding violation is drawn up.
Conditions for filling out a work book
By agreement of the parties, the work book may not be filled out (Part 6, Article 312.2 of the Labor Code of the Russian Federation). This condition can be reflected in the employment contract as follows: “Information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work, are not entered into the employee’s work book "
Information protection clause
The employment contract may provide for the procedure for the employee to use information security tools in accordance with the employer’s recommendations (Part 8 of Article 312.2 of the Labor Code of the Russian Federation).
The Labor Code of the Russian Federation does not specify what is meant by information security measures provided or recommended by the employer.
According to Art. 2 of the Law of the Russian Federation dated July 21, 1993 No. 5485-1 “On State Secrets” means of information protection are technical, cryptographic, software and other means intended to protect information constituting a state secret, the means in which they are implemented, as well as control means effectiveness of information protection. We believe that this definition can also be applied to cases of concluding an employment contract with a remote worker.
For example, a means of protecting information may be an electronic document encoding system developed by the employer.
Let us note that the Labor Code of the Russian Federation does not force the employer to use such means of protection without fail. The employer himself determines the level of secrecy of the information that he intends to exchange with the remote worker. If the information contains information classified by the employer as a trade secret, it is more advisable to protect it.
An employer can independently develop such protective equipment (with the help of its employees or by order of a third-party organization) or use ready-made protective equipment by purchasing them from a specialized organization.
In any case, the employee’s obligation to use such means must be stated in the employment contract. This condition can be formulated as follows: “When performing his job duties, the employee is obliged to use the following information security tools provided by the employer:
- _____________________ (indicate the name of the information security tool).
These information security tools are used by the employee in accordance with the instructions for their use provided by the employer and which are an integral annex to this agreement.”
Conclusion of an employment contract
A remote worker is the only employee with whom an employment contract can be concluded by exchanging electronic documents, as follows from the provisions of Art. 312.2 Labor Code of the Russian Federation. Agreements to amend the employment contract are concluded in a similar manner.
Important: simply exchanging electronic documents is not enough to conclude an agreement. The employer, no later than three calendar days from the date of conclusion of such an employment contract, is obliged to send the employee by registered mail with notification a duly executed copy of this employment contract on paper (Part 2 of Article 312.2 of the Labor Code of the Russian Federation).
In this regard, we note the following.
Part 2 Art. 312.2 of the Labor Code of the Russian Federation states that the employer is obliged to send the employee one copy of the employment contract by mail. This copy must be signed by the employer and properly executed. At the same time, the Labor Code of the Russian Federation does not impose on the remote worker the obligation to send the employer an employment contract with his signature. From the analysis of Art. 312.2 of the Labor Code of the Russian Federation, we can conclude that to conclude an employment contract on the part of the employee, it is enough just to exchange electronic documents signed by the employee’s enhanced qualified electronic signature and send an electronic confirmation to the employer that the documents sent to him via the Internet have been received. The employee is not required to send the employer a paper copy of the employment contract signed by the employee himself.
The employer himself should not send the employee two signed copies of the contract and wait for the return of one of them. He can consider his obligation to send the contract in paper form fulfilled from the moment he receives notification of delivery of the relevant correspondence to the employee against signature.
The order of acceptance to work
The employee should be familiarized with the employment order against signature (Part 2 of Article 68 of the Labor Code of the Russian Federation). The corresponding order in electronic form, signed by an enhanced qualified electronic signature of the employer, must be sent to the employee.
The fact that the employee has received the order will be indicated by an electronic notification from the employee with an enhanced qualified electronic signature.
After reading the order, the employee must also sign it with his enhanced qualified electronic signature and send it to the employer.
The employer's receipt of the order signed by the employee will be evidenced by an electronic notification received by the teleworker. The corresponding conclusions can be drawn from the analysis of Part 4 of Art. 312.1 Labor Code of the Russian Federation.
Personal card
The personal card of a remote worker is filled out in the same manner as when hiring a regular employee. The norms of the Labor Code of the Russian Federation do not provide for any specifics regulating the procedure for filling it out.
Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 approved form No. T-2 “Employee’s Personal Card”. Please note that from January 1, 2013, the use of this form is not mandatory. However, the employer has the right to use this form when hiring employees.
Please note that the unified form of a personal card requires the affixing of the employee’s signature when issuing it. If a remote worker is hired, the employer should send a completed personal card to such an employee in electronic form. The employee must sign it with his enhanced qualified electronic signature and send it back to the employer. We note that the corresponding registration must also be accompanied by the exchange of electronic notifications about the receipt of an electronic document between the employee and the employer (Part 4 of Article 312.1 of the Labor Code of the Russian Federation).
Employment history
Unless the employment contract with the employee provides otherwise, the employer is obliged to make a corresponding entry in the employee’s work book.
The form, procedure for maintaining and storing workers’ work books, as well as the procedure for filling them out are established by the following regulations:
- Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”;
Order of the Ministry of Finance of Russia dated December 22, 2003 No. 117n “On work books”;
- Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 “On approval of the Instructions for filling out work books.”
The introduction of new norms regulating the legal status of remote workers into the Labor Code of the Russian Federation did not entail changes in the relevant documents.
Thus, the work book of a remote worker is filled out in the same order as the work book of an “office” worker.
An example of filling out a work book for a remote worker is given in Table. 2.
Table 2. Example of filling out a work book for a remote worker
Information about the work of TK No. 0000001 |
|||||
Entry no. |
Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law) |
Name, date and number of the document on the basis of which the entry was made |
|||
---|---|---|---|---|---|
Limited Liability Company "Romashka" (LLC "Romashka") |
|||||
Recruited to the engineering department as a system administrator |
Order No. 13/09 dated April 20, 2017 |
Time sheet
A remote worker is included in the organization’s staffing table along with other employees. As in the case of other employees, the employer is obliged to ensure that the working time of such an employee is recorded (Article 91 of the Labor Code of the Russian Federation). But according to Part 1 of Art. 312.4 of the Labor Code of the Russian Federation, unless otherwise provided by the employment contract on remote work, the working hours and rest periods of a remote worker are established by him at his own discretion.
The question arises about how to keep track of working hours in this case?
The competent authorities do not comment on this situation. However, in our opinion, in this case, a presence mark (“I” or “01”) is placed on the work time sheet on weekdays, on weekends and non-working days. holidays- rest mark (“B” or “26”). The number of hours worked is determined in accordance with the terms of the employment contract.
Remote work is the performance of a certain labor function outside the employer’s location using public information and telecommunication networks, including the Internet.
For an employee, the advantages of remote employment are obvious: there is no need to get up early in the morning, stand in traffic jams, comply with the office dress code, and work duties themselves can be performed anywhere: at home on the sofa, in the country or on the beach in another country, as long as there is access in Internet. For companies, the advantages of remote work are also obvious - this is, first of all, a reduction in the costs of providing an employee’s workplace.
How does remote work differ from home work?
What documents are needed
To prepare an employment contract for a remote worker, you will need the documents provided for in Art. 65 Labor Code of the Russian Federation:
- passport or other identity document;
- (except for cases when the contract is concluded for the first time or the employee works on the terms). If a person is hired for the first time after 01/01/2021, he will not have a work book (see Federal Law No. 439-FZ of December 16, 2019);
- state pension insurance;
- documents - for those liable for military service and persons subject to conscription for military service;
- a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training;
- other additional documents (taking into account the specifics of the activity).
A person applying for remote work has the right to present these documents in electronic form. But at the request of the employer, he is obliged to send him by registered mail with notification notarized copies of these documents on paper.
Features of concluding a contract and its contents
An employment contract, including an employment contract with a part-time remote worker, may be concluded by. In this case, the employer is obliged no later than 3 calendar days from the date of conclusion of the employment contract to send the employee a copy of the agreement on paper.
Like an employee working in an office, a remote employee must familiarize himself with local regulations, orders, notifications and employer requirements. This familiarization is also carried out through the exchange of electronic documents. But in this case, the traditional familiarization signature is replaced by a strengthened qualified one.
The location of the employer is indicated as the place of concluding a remote work agreement. As for the remaining conditions, you should be guided by the requirements established by Art. 57 Labor Code of the Russian Federation. Among the special rules:
- indication of the remote nature of work;
- clarification of the forms and deadlines during which each party is obliged to send to the other party confirmation of receipt of electronic documents (tasks, reports, etc.) from it;
- introduction of an obligation for an employee to use equipment, software and hardware, information security tools, etc. provided or recommended by the employer, or the opportunity for an employee to use his own (rented) equipment and software and hardware.
If we talk about the place of work, then in the legal sense of this definition established by Art. 209 of the Labor Code of the Russian Federation, remote employees do not have it. But since regulatory authorities have a different opinion, we recommend including in the sample employment contract for remote work a provision stating that the workplace is the employee’s location. And this is always true, even if the employee is on the beach.
Another controversial point concerns working hours and rest periods. If no conditions are specified in the contract, the remote worker sets it for himself. But sometimes employers need the employee to “react” on certain days and hours, and this must be specified in the contract. Or at least limit themselves to wording that the subordinate is given, for example, a 40-hour, five-day work week with two days off.
Sample of a remote employment contract
Employer Responsibilities
In relation to remote workers, the employer pays for accidents, investigates occupational diseases, and complies with the instructions of the state labor inspectorate (if any).
An employment contract may stipulate the terms of payment of compensation for the use by an employee of equipment owned or leased, software and hardware, information security tools and other means. But if the person is using employer-provided equipment, the remote employee should be familiarized with it when working with it.
When an employee submits an application for the issuance of duly certified copies of documents related to work (Article 62 of the Labor Code of the Russian Federation), the employer, no later than three working days from the date of filing such an application, is obliged to send these copies to the subordinate by registered mail with notification or, if indicated in the application, in the form of an electronic document. If the company has received an application for annual paid leave or other type of leave from a remote employee, the HR officer draws up all the documents according to the general rules.
Work book, time sheet and sick leave
By agreement of the parties, information about remote work is not included in the work book, and when concluding a contract for the first time, the work book is not drawn up. In these cases, the main document about the employee’s professional activities is the concluded employment contract with the remote worker.
In accordance with Part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. At the same time, the law does not provide exceptions for remote workers, and they are also subject to sanctions. Taking into account the specifics of remote work, maintaining a time sheet for such an employee is formal, but it will be required, among other things, for correct accrual wages, vacation pay and other payments.
The law establishes that in order to receive payments under compulsory social insurance in case of temporary disability and in connection with maternity, a remote worker sends the originals of the relevant documents to the employer by registered mail with notification. Over the past few years, electronic sick leave has been actively developing in the Russian Federation, and a remote employee has the right to present an e-sick leave to calculate benefits.
Grounds for dismissal
In addition to the general grounds for dismissal provided for by law, termination of a remote work contract at the initiative of the employer is permitted on the grounds provided for by the contract itself.
If a remote employee becomes familiar with the dismissal order in the form of an electronic document, the employer on the day of termination of the employment contract is obliged to send a copy of the said order on paper to the subordinate by registered mail with notification.
The development of technology and communications has led to the fact that many workers no longer need to be in the office to perform their work functions. So, lawyers, accountants, designers, IT specialists and even sales specialists can work outside the office if telemarketing is used. Not long ago, legislators recognized this fact by enshrining certain rules for remote work in the Labor Code. How to properly register such employees? Is it possible to transfer existing employees to remote work? What pitfalls can an accountant stumble upon in connection with remote work of employees? We will answer these and other questions in this article.
What is the benefit
Remote work is convenient both for the employee, who does not need to spend time, money and effort on daily trips to the office, and for the employer, who can not only save on the costs of organizing a stationary workplace (rent, communications, equipment, programs, support ), but also take a more flexible approach to hiring staff. After all, a remote worker can work not only outside the office, but also from another city and even from another country. The behavioral stereotypes of young employees, who are initially more focused on working outside the office, also fall on this scale.
All these factors taken together lead to the increasing popularity of remote work. But until recently, legislation ignored such a phenomenon as “remote work”, and employers were forced to invent various “schemes”. But last year, Federal Law dated 04/05/13 No. 60-FZ Labor Code, finally, was supplemented by a new one dedicated to the peculiarities of regulating the labor of remote workers.
How is it different from home work?
The first thing you should pay attention to when studying the provisions of the new chapter of the Labor Code of the Russian Federation is the difference between a “remote worker” and a home worker. After all, the regulation of home work was initially in the Labor Code of the Russian Federation, but in practice these norms were not applied to formalize relations with those who do not sit in the office “from nine to six.” And that's why.
Firstly, the rules on homeworkers are structured in such a way that they regulate work activities of a production nature. This conclusion follows from the definition given in the Labor Code of the Russian Federation: a homeworker is a person who has entered into an employment contract to perform work at home using materials and using tools and mechanisms provided by the employer or purchased by the homeworker at his own expense. Those. we're talking about about something material created by the hands of an employee. It’s not easy to apply this article to a lawyer, accountant, website editor or designer.
Secondly, a homeworker, according to the Labor Code of the Russian Federation, is a full-fledged employee, in respect of whom it is necessary to carry out all the procedures provided for by the Code (full registration, equipment of the workplace, ensuring its safety and compliance with labor protection requirements, etc.). And this is impossible in a situation with a remote worker. It is not always possible to meet with him once to conclude an agreement.
The legislator tried to eliminate these shortcomings by adopting regulations on remote work. Now the Code clearly states that a remote worker performs a labor function. At the same time, he performs it outside the location of the employer (branch, representative office, other separate structural unit) and even outside the stationary workplace, territory or facility directly or indirectly under the control of the employer. Interaction between an employee and an employer takes place via public telecommunications networks, including via the Internet (Labor Code of the Russian Federation). As a general rule, an employee independently provides himself with a workplace and equipment.
A remote employee does not need to undergo a medical examination; an employment contract with him can be concluded and terminated electronically. Finally, the “distance worker” does not have to make an entry in the work book, pay overtime work and ensure full occupational safety. In general, the conditions are much more realistic to fulfill than the rules for homeworkers.
How to draw up a contract correctly
Let's move from theory to practice. First of all, let's consider what language needs to be included in the employment contract if it is planned that the employee will work remotely.
So, the contract must indicate the nature of the work. For example, this could be the following wording: “The employee performs the labor function provided for in this employment contract outside the employer’s location (remotely).” We indicate the employee’s address as the place of work (or another address at his request) - this is required by the Labor Code of the Russian Federation. It is also necessary to indicate the working mode, since the Labor Code of the Russian Federation does not make exceptions for remote work. Here the wording will be standard: “The employee is assigned a normal working time of 40 hours per week, a five-day work week with two days off - Saturday and Sunday, the duration of daily work is 8 hours.”
Next, the contract must contain provisions regarding the employee’s subordination to the internal labor regulations (Labor Code of the Russian Federation). Here we recommend the following wording: “The employee is subject to the Internal Labor Regulations to the extent that does not contradict the essence of the terms of this employment contract on remote work.”
The contract must establish the procedure for providing the employee with various resources. Thus, you can indicate that “the employee independently provides himself with a computer, telephone connection and access to the Internet.” Or you can assign a similar obligation to the employer: “No later than 5 working days from the date of conclusion of this employment contract, the employer undertakes to provide the employee with a computer, telephone, and ensure the availability of an Internet connection.” The third option is to fix the employer’s obligation to compensate the employee’s expenses for equipment and (or) payment for telephone and Internet. For example, like this: “The employer undertakes, no later than the fifth day of each month, to compensate the employee’s expenses for paying bills for the Internet and mobile phone at actual costs, but not more than 10 thousand rubles per month. Compensation is paid in accordance with the Regulations on compensation of expenses for employees employed outside the employer’s location (remotely), approved by the employer.”
Finally, the contract must specify the deadlines and procedure for submitting the work, as well as the procedure and frequency of communications with the employer, indicating the addresses Email, to which the employee must send all his messages to the employer.
What to write in the Timesheet
The employer’s obligation to record the time actually worked by each employee (Part 4 of the Labor Code of the Russian Federation) is not canceled in connection with remote work. In our opinion, the report card for a “distance worker” can be filled out as follows: on weekdays, indicate attendance (code “I” or “01”), on weekends and holidays - rest (code “B” or “26”). The number of hours worked is set in accordance with the employment contract.
You can go the other way by stipulating in the employment contract that the employee distributes work time and rest time at his own discretion (an option provided for by the Labor Code of the Russian Federation as the main one), and notifies the employer in writing about the working hours. In this case, you can fill out the Timesheet based on employee reports. But this option is not regulated by law, so we would not recommend using it everywhere. Moreover, this may also lead to tax problems (see the question about compensation below).
Transfer the employee to remote work
You can hire not only new employees to work remotely, but also transfer existing ones. To do this, you need to draw up an additional agreement to the employment contract. The subject of this agreement is a change in the nature of work. Accordingly, you include in the agreement all the language regarding the new labor regime that we cited above. Be sure to include the date from which the new operating procedure applies.
"Remote" business trip
The next interesting point that an accountant may encounter is the payment of travel allowances to a remote employee. For example, a “remote” lawyer can travel to other cities to participate in the consideration of a case, or attend various seminars and forums. A logical question arises: can an employee working remotely have business trips? And, accordingly, will the tax office accept such expenses?
By virtue of the Tax Code of the Russian Federation, remote workers are subject to labor legislation and other regulatory legal acts containing labor law norms, taking into account the specifics established by Chapter 49.1 of the Labor Code of the Russian Federation. This chapter does not contain any exceptions for business trips. Thus, the employer can send a remote worker on a business trip. And, accordingly, take into account all related expenses when taxing.
Should I register a separate division?
Let us note one more important point for an accountant: hiring an employee to work remotely is guaranteed not to entail the formation of a separate division. After all, the Labor Code directly states that such work is performed outside a separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer. And according to the Tax Code, a separate division of an organization is any territorially separate division from it, at the location of which stationary workplaces are equipped.
As we can see, these two definitions directly contradict each other. So there is no question of registering a unit in this case.
Accounting for compensation
The Labor Code provides for the possibility of establishing compensation for remote workers related to the use of personal property to perform work. Moreover, you can compensate not only for communication and Internet costs, but also to pay for the “depreciation” of a computer, tablet and other equipment. It is important here that this condition is recorded specifically in the employment contract, and not in a separate document (memo with a visa or order), as the Labor Code of the Russian Federation allows for ordinary employees.
Another nuance is related to the distribution of reimbursable expenses between those incurred in connection with the performance of work duties and outside them. For expenses in the form of subscription fees, such distribution can be carried out based on the ratio of the number of working hours and the total number of hours in the period. This data, of course, needs to be taken from the employment contract and the Time Sheet.
For expenses that can be clearly attributed to a particular time (payment for communication expenses, for example, or for payment for certain programs, access, etc.), it is also important for the employer to know whether this or that expense was incurred during working hours. But in conditions where the employee himself determines his working hours and rest time, this is difficult to do. Accordingly, it is necessary either to require a corresponding report from the employee and save it in the accounting department, or to establish a clear working time in the employment contract.
1) “a signature for a remote worker must be issued if the work involves signing documents,” do I understand correctly that an electronic signature is not needed to sign orders, employment contracts and other personnel documents? If so, is it possible to send original documents via mail to sign them? within what period should documents be sent? 2) is it possible to register an employee for remote work if he works in the region (from home), performing part of the functions (sales) outside the home (by car).
Answer
Answer to the question:
1) “a signature for a remote worker must be issued if the work involves signing documents,” do I understand correctly that an electronic signature is not needed to sign orders, employment contracts and other personnel documents?
If so, is it possible to send original documents by mail for signing? When should documents be sent?
An electronic signature is not required. Sending documents by mail is possible. Only if only a remote worker (or a person just starting to work remotely) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law.
Documents must be sent on time in such a way that there are no violations of familiarization with them in accordance with the norms of the Labor Code of the Russian Federation.
2) is it possible to register an employee for remote work if he works in the region (from home), performing part of the functions (sales) outside the home (by car). Thank you!
On this issue, an analysis of the employee’s labor function is required: if the work involves constant business travel, then it is more likely to document the traveling nature of the work. If this employee will perform a labor function through the telecommunications means of the employer and other persons, then remote work can be arranged.
At the same time, according to Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer , subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation. At the same time, there are no restrictions on the place of residence of a remote worker in Ch. 49.1 of the Labor Code of the Russian Federation no. Therefore, a teleworker is a citizen Russian Federation can live and perform remote work where it is convenient for him. At the same time, the legislation does not oblige either the employee or the employer to track the place of work of a remote worker.
Thus, it can be said that traveling nature and remote work are completely different concepts. Therefore, logically speaking, a remote worker cannot have a traveling nature of work.
As for business trips, current legislation does not contain any restrictions on sending a remote worker on a business trip.
Therefore, you need to either arrange for remote work with business trips, or a traveling nature of the work (depending on what specific functions you plan to assign to the employee).
Regarding the business trip, we note the following:
Business trip - a trip of an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work (Article 168 of the Labor Code of the Russian Federation).
As a general rule, when sending an employee on a business trip, it is not necessary to draw up a memo. But if the management of the organization considers the preparation of such notes appropriate, this rule can be enshrined in a local document (clause 3 of the regulation approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, by order of the director or Regulations on business trips. The development of such documents is not prohibited. The memo can be drawn up in any form.
A service note must be issued only if:
- an employee goes on a business trip or back to personal, rented or official transport. In such a situation, the actual length of stay at the place of business trip must be indicated in the memo, which the employee, upon returning from the business trip, presents to the employer along with supporting documents confirming the use of transport: waybill, bills, receipts, cash receipts, etc.;
- upon returning from a business trip, the employee does not have any documents at all confirming travel and accommodation on a business trip. In this case, the employee draws up a memo upon returning from a business trip, which must contain confirmation from the receiving party about the date of the employee’s arrival at the place of business trip and departure back. He attaches a document to it in which the receiving organization confirms that he was at the place of business trip at that time.
This is stated in paragraph 7 of the Regulations, approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749.
Please note that when providing an employee with a company car (or using a personal one), the organization must have an order for the employee to combine the profession (position) of a driver, and in the employment contract there must be a clause stating that he himself drives the car and an additional payment for this.
The job responsibilities of an employee who is not a driver cannot include the responsibility of driving a car, since such a responsibility relates to the job function of a car driver.
If the expansion of duties leads to a change in the job function, then the employer must obtain the employee’s written consent to perform additional work and establish an additional payment.
About pre-trip and post-trip medical examinations:
The legislation establishes the specifics of regulating the labor of transport workers. To employees whose work is directly related with control vehicles , include, in particular, car drivers.
These features include in particular:
- mandatory preliminary medical examinations when applying for a job (Part 1 of Article 213 of the Labor Code of the Russian Federation);
- mandatory periodic medical examinations. If the driver is under 21 years of age, then he undergoes such inspections annually (part 1 of article 213 of the Labor Code of the Russian Federation, paragraph 1 of article 23 of the Federal Law of December 10, 1995 N 196-FZ);
- pre-trip and post-trip medical examinations(Clause 1, Article 23 of the Federal Law of December 10, 1995 N 196-FZ, Article 213 of the Labor Code of the Russian Federation).
In accordance with Part 2 of Article 212, Part 6 of Art. 213 of the Labor Code of the Russian Federation, medical examinations (examinations), including mandatory preliminary examinations, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, are carried out at the expense of the employer.
All employees performing work related to the movement and control of vehicles are required to undergo pre-trip medical examinations (Clause 3 of Article 23 of the Law of December 10, 1995 No. 196-FZ).
Only those drivers whose work involves transporting passengers or dangerous goods are required to undergo post-trip medical examinations (Clause 3, Article 23 of Law No. 196-FZ of December 10, 1995).
For violation of the procedure for conducting mandatory pre-trip and post-trip medical examinations of drivers, the organization and its officials may be fined (Article 11.32 of the Code of Administrative Offenses of the Russian Federation). In addition, administrative liability is provided for allowing a driver to work who has not passed the appropriate mandatory medical examination (Parts 3 and 5 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).
Thus, based on the above, we can summarize:
1. A remote worker should not document the traveling nature of the work;
2. When providing an employee with a company car (using a personal one for business purposes), a combination license must be registered for it, such an employee must undergo medical examinations that are provided for drivers;
3. Remote work and work as a driver are incompatible concepts, and therefore it seems impossible to register a dual position as a driver for a remote worker, since the concept of remote work implies the performance of a labor function using and for interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet;
4. A remote worker can be sent on a business trip and the employee can be provided with a company car, but in this case, the employer needs to arrange a part-time job for the employee for this period, and also organize medical examinations.
Details in the materials of the Personnel System:
1. Answer:How to apply for a job as a remote worker
Remote work concept
What is meant by remote work?
Remote work is the performance of a job function:
- outside the location of the employer (branch, representative office, other separate structural unit, including those located in another area);
- outside a stationary workplace;
- outside the territory or facility directly or indirectly under the control of the employer.
At the same time, to perform work and interact, the employer and employee use public information and telecommunication networks, including the Internet.
Remote employees are individuals who perform remote work.
Such rules are established in parts of Article 312.1 of the Labor Code of the Russian Federation.
With remote employees, which means that such employees are...
Conclusion of remote labor relations with employees who will work abroad, according to Russian legislation.
Read more about the similarities and differences between telecommuting and home working.
Question from practice: is it possible to conclude an employment contract for remote work if the employee lives in the same city where the organization is located?
Yes, you can. In this case, it is necessary to distinguish between remote and home work.
For more information on the differences between home and remote work, see.
Question from practice: is it possible to conclude an employment contract for remote work if a Russian or foreign citizen will perform his work abroad
It is not recommended to conclude employment contracts for remote work in the described situation. In such cases, it is optimal to conclude a civil contract.
The Labor Code of the Russian Federation does not provide for the possibility of concluding an employment contract with an employee who will actually perform work abroad. In this case, the status of the employee is not important: Russian citizen, foreigner or stateless person.
The fact is that the employer is obliged to provide for all its employees, including remote workers (). At the same time, the regulatory documents of the Russian Federation, which contain labor standards, are valid only on the territory of Russia (). Thus, it is neither formally nor legally possible to provide safe working conditions for remote employees working abroad. Therefore, it is recommended to enter into agreements with such employees.
Such explanations are also given by specialists from official departments in letters and.
Regulatory regulation
What documents regulate the work of remote employees
Remote workers are subject to general labor laws. At the same time, labor relations with such employees also have their own characteristics, which are regulated by:
- Labor Code of the Russian Federation;
- in terms of regulating the procedure for obtaining an electronic signature and exchanging electronic documents between an employee and an employer.
Recruitment
How documents are transferred and processed when hiring a remote employee
For its part, the employer, even before the conclusion, must familiarize the employee with local acts (, etc.). This can be done by exchanging electronic documents with an electronic signature between the employer and the remote employee. This follows from the provisions of Article 312.1, Article 312.2 of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.
Question from practice: does a separate division arise at the place of work of a remote employee?
No, it doesn't happen.
Employment contract
How to draw up an employment contract with a remote employee
The relationship between a remote employee and the employer is regulated (Article , Labor Code of the Russian Federation). When registering it, be guided by, as well as special standards that relate to labor relations with remote workers (). In particular, in an employment contract with a remote worker you can additionally specify:
- the procedure and timing for submitting reports on work performed;
- information about software and hardware, information security tools, equipment that should be used in the course of work. All these funds can be provided by the employer, then the contract must specify the procedure and terms for providing the employee with such equipment, as well as the procedure for returning it upon termination of the contract. In addition, the terms of the contract may stipulate that the employee uses his own or leased funds, then the contract would be appropriate to stipulate the procedure and timing of payment of compensation for such use;
- the procedure for reimbursement of other expenses associated with remote work (for example, expenses for the Internet, telephone communications);
- to terminate an employment contract at the initiative of the employer.
Specify the location of the employer as the place of concluding the employment contract for remote work.
An employment contract on remote work, and subsequently additional agreements to it, can be concluded by exchanging electronic documents with electronic signatures between the employer and employee. In this case, no later than three calendar days from the date of conclusion of the contract, the employer must send the employee a paper copy of the contract by registered mail with notification.
Such rules are provided for in the articles of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.
Question from practice: is it necessary to indicate the place of work in an employment contract with a remote employee?
Yes, it is necessary, if possible.
The place of work is a mandatory condition of the employment contract (). This means that in the employment contract for remote work, in general, it is necessary to indicate information about the place of work at which the remote employee directly performs the duties assigned to him by the employment contract. Rostrud gives similar explanations. As a place of work, you can specify either your home address or any other place where the work process will actually take place.
At the same time, based on the definition, in some cases it is not possible to indicate the place of work in the contract with the remote worker for objective reasons. For example, in the case when an employee performs a labor function outside a stationary place and any specific territory. There is no reason to indicate the Internet as a place of work, since it is a means of performing a job function, and not a place of work. In this case, it will be enough to reflect only in the employment contract with the distance worker.
The order of acceptance to work
How to issue an order to hire a remote employee
Fill out an order for hiring a remote employee in . You can familiarize the employee with it by exchanging electronic documents with electronic signatures between the employer and the remote employee ().
Employment history
How to issue a work book for a remote employee
Insurance pension certificate
How to issue a pension insurance certificate for a remote worker
If an employee gets a job for the first time, the employer is obliged (). When hiring a remote employee, a special procedure applies. The employee independently applies to the territorial branch of the Pension Fund of the Russian Federation and receives a certificate (). The employee sends the data about the received certificate to the employer in electronic form, as well as the data that the employee presented when applying for a job ().
Operating mode
How to set a work schedule for a remote employee
The remote employee sets the working hours and rest time at his own discretion. But if the nature of the work requires the employee to perform work on certain days or hours, then the specific work schedule should be fixed in the employment contract or an additional agreement to it. This conclusion follows from the totality of the provisions of the articles of the Labor Code of the Russian Federation.
Filling out the timesheet
Question from practice: how to keep a time sheet for a remote worker
The legislation does not contain a clear answer to this question.
Vacation
How to grant leave to a remote employee
Provide annual and other types of leave to remote employees by , and specify the procedure for granting (types, duration) in ().
Occupational Safety and Health
What responsibilities in the field of labor protection must an employer fulfill in relation to remote employees?
In order to ensure safe conditions and labor protection for remote workers, the employer is obliged to:
- investigate and take into account what is happening with remote employees and;
- comply with the instructions of the state labor inspectorate;
- implement mandatory social insurance of remote employees against industrial accidents and occupational diseases;
- familiarize remote employees with labor safety requirements when working with equipment and tools recommended or provided by the employer for work.
The employer is not obliged to comply with other obligations to ensure safe conditions and labor protection in relation to remote employees (for example, provide special clothing, teach safe methods and techniques for performing work, etc.), unless otherwise provided by the employment contract.
This procedure follows from the provisions of the articles and the Labor Code of the Russian Federation.
Features of document flow
What are the features of exchanging documents with remote employees?
If a remote employee needs to contact the employer with a statement, provide explanations, or transmit other information, he can do this electronically, confirming his request with an electronic signature.
A remote employee may also need. The employer should then send such copies by certified mail with notification, unless the application specifically states that the documents can be provided electronically. In any case, copies must be sent no later than three working days from the date of receipt of the request from the employee.
A remote employee has the right to receive all insurance payments on a general basis: , etc. To receive them, the employee sends the employer the relevant original documents: certificates of incapacity for work, certificates, etc. by registered mail with notification.
Documentation of dismissal
How to document the dismissal of a remote employee
If special conditions for dismissal on additional grounds are not specified in the employment contract, then with a formal approach we can conclude that there is no need to notify the employee in advance. However, the employee may not agree with this approach and file a claim for the lawfulness of dismissal. In turn, the courts in this dispute may not support the employer and recognize the dismissal procedure as discriminatory (). Therefore, in order to avoid controversial situations, if the employer establishes an additional basis for dismissal, then he should not only clearly state the basis itself, but also specify the dismissal procedure. Use the principles and approaches to guide you.
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Modern features of technological progress allow both employers and employees to use new methods of interaction with each other, including at a distance without actually visiting the place of work - such relationships are called remote work. Legislation in the Russian Federation already has certain mechanisms and features for regulating the labor of remote workers, which are revealed in certain provisions of the Labor Code of the Russian Federation. A remote work agreement has a number of significant advantages, as well as certain disadvantages and nuances, which each participant in such a relationship should also be aware of.
Remote work according to the Labor Code of the Russian Federation - what is it?
By remote work, Russian legislation means relationships that occur between an employee and an employer without personal contact.
That is, when the actual place of work is not on the employer’s territory, and all communication between the parties to the relationship, including in matters of their registration or change, is carried out remotely, using various technical means. Accordingly, such relationships have a number of features and differences from traditional employment that should be taken into account by all parties to the relationship. These differences are explained in more detail in the following provisions of the Labor Code of the Russian Federation:
- Article 312.1 establishes general provisions, and also gives a definition of remote work in general, its characteristics and the main concepts used within the framework of such work.
- Article 312.2 considers specific principles for formalizing relationships without personal contact between the applicant and the employer.
- Article 312.3 regulates specific features of regulating the work of remote workers, primarily in matters of labor protection and safety when using labor equipment provided by the customer.
- Article 312.4 regulates the rest regime due to an employee, relieving the parties of a number of standard obligations within the framework of labor relations.
- Article 312.5 considers the principles according to which the relationship is terminated, which can also be carried out without personal contact between the parties.
Although the legal regulation of the work of remote employees is ensured by the provisions of the above-mentioned articles included in Chapter 49.1 of the Labor Code of the Russian Federation, they are also fully subject to the general principles of formalizing and maintaining relationships. However, the provisions of the above-mentioned articles are paramount in controversial issues - they are a priority because they consider a specific type of relationship.
Peculiarities of labor regulation for remote workers
Remote work, due to its nature, has many features, according to which the regulation of the work of workers employed in this way is ensured. Features that both employers and workers should first pay attention to include the following: character traits remote work:
How to conclude a remote work agreement
Concluding an employment contract for remote work suggests the possibility of a different approach than when formalizing labor relations in a standard form. So, the procedure for drawing up such an agreement in the general case is as follows:
A contract for remote work should not necessarily be concluded at a distance and by exchanging documents electronically. The legislation does not impose restrictions on the possibility of personal contact between the worker and the employer, and the formalization of the employment process in a standard form.
Differences between remote work and home-based work and freelancing
The concepts of freelancing and home-based work are often confused with the remote nature of the relationship. Although the concept of remote activity was initially introduced primarily to legalize and simplify the activities of many actual freelancers, at the moment there are certain differences in this approach. Thus, freelancing primarily implies self-employment of an employee, performing various tasks from various customers in order to earn income at his own peril and risk, and in some regions of the Russian Federation it is regulated by obtaining the status of a self-employed citizen or registering as an entrepreneur. Remote work implies a full-fledged labor relationship with a specific employer and all the rights and obligations of the parties provided for by labor legislation.
Home work does not provide the opportunity to formalize relationships in electronic format and is most often associated with the actual production of goods at home. Such relationships are regulated by the provisions of Chapter 49 of the Labor Code of the Russian Federation and require other regulatory rules for maintaining documentation and work activities.
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