" № 12/2017

What is the essence of remote work? Who can work in this way? How do you apply for remote work? What are prerequisites employment contract? How documents are exchanged between an employee and an employer in different situations? On what grounds can you fire a remote worker? What entries and when are made in the work book of such an employee?

Remote work, or, as it is called, work with remote access, is becoming increasingly popular, including in government agencies. There is no doubt that this mode of work is convenient for both the employee and the employer. However, since remote work has not been around for very long, employers have made mistakes when establishing, regulating, or terminating it. Who can use this mode of operation? How to do it? How is the interaction between employee and employer carried out? On what grounds can you fire a remote worker? You will find answers to these and other questions in the article.

The essence of remote work.

By virtue of 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.

The condition for remote work is the use of public information and telecommunication networks, including the Internet, to perform the job function and for interaction between the employer and employee on issues related to its implementation.

Remote workers are considered to be persons who have entered into a contract to work remotely. They are subject to labor legislation and other acts containing labor law norms, taking into account the features established by Chapter. 49.1 Labor Code of the Russian Federation.

For your information:

There is no need to confuse remote work with home work. According to Art. 310 of the Labor Code of the Russian Federation, homeworkers are considered to be persons who have 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. The result of home work is certain products, and the result of remote work is information, information, and intellectual property.

Remote workers can be, for example, programmers, editors, accountants, teachers, lawyers. That is, those who carry out certain work at home or in another place that is not under the control of the employer, but interacts with him via the Internet.

However, some employers register remote work incorrectly. For example, an employer entered into a remote work agreement with a highly qualified foreign specialist for the position of a brand chef, whose actual place of work was a restaurant in another republic (see the Appeal ruling of the Moscow City Court dated July 18, 2017 in case No. 33-22475/2017) . The question of whether this work is considered remote did not arise during the consideration of the case. However, I would like to emphasize that in this case a regular employment contract must be concluded, according to which the workplace is a structural unit located in another location, but controlled by the employer.

In addition, the Ministry of Labor has repeatedly ( last time in Letter No. 14-2/OOG-245 dated January 16, 2017) expressed the opinion that labor legislation At the moment, it is not possible for an employer to conclude an employment contract on remote work with a citizen of the Russian Federation, a foreign citizen or a stateless person if he will work outside the Russian Federation, since concluding an employment contract on such conditions violates the Labor Code of the Russian Federation. In particular, the employer will not be able to fulfill its obligations to provide remote workers with safe working conditions and its protection (Part 2 of Article 312.3 of the Labor Code of the Russian Federation) due to the fact that federal laws and other regulatory legal acts of the Russian Federation that form labor legislation apply only to territory of our country (Part 1 of Article 13 of the Labor Code of the Russian Federation). It is recommended to conclude civil contracts with such citizens.

Therefore, before registering an employee remotely, think carefully about whether the work being performed falls under the definition of remote work.

We are arranging for a remote appointment.

A remote worker is hired according to the general rules provided for in Art. 68 of the Labor Code of the Russian Federation, but in compliance with the requirements of Chapter. 49.1 of the Labor Code of the Russian Federation and Federal Law dated April 6, 2011 No. 63-FZ “On Electronic Signatures” (hereinafter referred to as Law No. 63-FZ).

Note:

An employment contract on remote work and agreements to change the terms of this contract determined by the parties can be concluded by exchanging electronic documents (Part 1 of Article 312.2 of the Labor Code of the Russian Federation). In this case, both the employee and the employer must use enhanced qualified electronic signatures in the manner prescribed by Law No. 63-FZ.

Despite the conclusion of an electronic employment contract, the law establishes a requirement for a paper form of the contract. The employer within three calendar days from the date of conclusion of this agreement, he is obliged to send the remote worker by registered mail with notification a duly executed copy of this agreement on paper.

From this provision it follows that the employer sends a signed copy of the employment contract to the employee. There is no obligation for the employee to send the employer by mail a second, signed copy.

Before concluding an employment contract, a remote worker must submit the documents listed in Art. 65 Labor Code of the Russian Federation. How does this happen?

Article 312.2 of the Labor Code of the Russian Federation establishes that when concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for in Art. 65 of the Labor Code of the Russian Federation, can be presented to the employer by a person applying for remote work, in electronic form. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper.

If such an agreement is concluded by a person for the first time, he receives an insurance certificate of compulsory pension insurance independently.

In addition, there are special features in the design of the work book. In particular, by agreement of the parties to an employment contract on remote work, information about it may not be entered into the employee’s work book, and when concluding an employment contract for the first time, it may not be recorded at all.

Thus, if no entries are made in the work book about the work of a remote worker, the main document about him labor activity, confirming seniority, he will have an employment contract for remote work.

For your information:

If an employee wants a record of his remote work to be included in the work book, he must give it to the employer in person or send it by registered mail with notification.

Since entering into the work book an entry about the remote nature of work is not provided for by the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69, the entry for employment is made according to the general rules.

Like regular workers, remote workers, before concluding an employment contract, must be familiarized with the documents provided for in Part 3 of Art. 68 Labor Code of the Russian Federation (with internal rules labor regulations, other local regulations directly related to the employee’s work activity, collective agreement). Such familiarization can also be carried out through the exchange of electronic documents.

Based on the employment contract, the employer issues an order for remote work. It is processed in the same way as when hiring other employees of the organization. At the same time, in the column “Conditions of employment, nature of work” indicate: “Remote work”.

If the interaction between the employee and the employer is carried out by exchanging electronic documents with digital signatures, then you can familiarize the employee with the employment order in the same way (Part 5 of Article 312.1 of the Labor Code of the Russian Federation).

Employment contract.

First of all, we note that the employment contract must indicate the type of work - remote (Article 312.2 of the Labor Code of the Russian Federation). For example:

The employee performs a labor function outside the employer’s location (remotely).

At the same time, like any other employment contract, a contract for remote work must include the mandatory conditions specified in Art. 57 of the Labor Code of the Russian Federation, including:

place of work. The organization and its location are indicated here. But the place where the work is performed (address of residence, email address) should be indicated in the additional condition “Clarification of place of work”;

• working hours and rest hours, etc. The working hours can be set to the same as for all employees of the organization, but they may differ;

A remote worker has the right to determine the working hours and rest time independently, unless otherwise provided in the employment contract (Part 1, Article 312.4 of the Labor Code of the Russian Federation).

• terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Here, be sure to indicate the form of salary payment - transfer to a bank card (Article 136 of the Labor Code of the Russian Federation).

Note:

Specify in the contract the method of interaction between the employee and the employer, as well as the deadline for confirming receipt of an electronic document from the other party (Article 312.1 of the Labor Code of the Russian Federation).

In addition to the mandatory ones, additional conditions may be included in the employment contract by agreement of the parties that do not worsen the position of the employee (Part 5 of Article 57, Part 6 of Article 312.2 of the Labor Code of the Russian Federation), in particular:

on the procedure for making entries in the work book (Part 6 of Article 312.2);

• on the procedure and terms for providing the employee with the equipment necessary to perform his job duties, other technical means, as well as software in accordance with the requirements of the employer (Part 8 of Article 312.2). For example:

The employer undertakes to provide the employee with a computer, telephone, modem, and technical documentation necessary for the employee to perform his job duties within ______________.

If this responsibility is assigned to the employee, the condition may be as follows:

The employee independently provides himself with a computer, printer, fax, telephone, and means of accessing the Internet.

on the procedure for the employee to use information security tools in accordance with the employer’s recommendations (Part 8 of Article 312.2);

on the procedure and terms for reimbursing an employee for expenses associated with remote work if, under the terms of the contract, he uses equipment and other software and technical means, owned or leased (Article 188, Part 1, Article 312.3 of the Labor Code of the Russian Federation). At the same time, it is advisable to clearly state in the contract exactly which expenses are subject to reimbursement, what documents they must be confirmed by, etc.;

on the procedure and timing and form for the employee to submit reports on work performed (Part 1 of Article 312.3).

In addition, you can indicate additional grounds for termination of an employment contract at the initiative of the employer (Part 1 of Article 312.5 of the Labor Code of the Russian Federation).

The nuances of remote work.

Since during work activities communication between the employer and the remote worker is carried out via electronic communication, it is assumed that both the employee and the employer send any documents in electronic form. But in Art. 312.1 of the Labor Code of the Russian Federation specifies that such documents, in addition to the employment contract, orders, notifications and other documents, in particular, are statements, explanations and other information from the employee. It is also established that if an employee has sent a document such as an application for the issuance of duly certified copies of work-related documents (Article 62 of the Labor Code of the Russian Federation), the employer no later than three working days from the date of filing the said application is obliged to send copies to the remote worker by mail by registered mail with notification or, if indicated in the application, in the form of an electronic document.

If an employee gets sick or is going on maternity or child care leave, he must send the employer the originals of the relevant documents (certificate of incapacity for work, application, etc.) by registered mail with notification (Article 312.1 of the Labor Code of the Russian Federation).

Special attention is paid to the employer’s compliance with labor safety standards in relation to remote workers.

By virtue of Art. 312.3 of the Labor Code of the Russian Federation, in order to ensure safe conditions and labor protection for remote workers, the employer fulfills only some of the obligations established by Art. 212 of the Labor Code of the Russian Federation, in particular:

investigation and recording, in accordance with the procedure established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, of industrial accidents and occupational diseases (paragraph 17, part 2);

compliance with instructions officials federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public control bodies to the established Labor Code RF, other federal laws deadlines (paragraph 20, part 2);

mandatory social insurance workers from accidents at work and occupational diseases (paragraph 21, part 2).

In addition, the employer must familiarize remote workers with labor safety requirements when working with equipment and tools recommended or provided by the employer.

Note:

Other responsibilities of the employer to ensure safe conditions and labor protection established by the Labor Code, federal laws, and other regulatory legal acts Russian Federation and constituent entities of the Russian Federation, do not apply to remote workers, unless otherwise provided by the employment contract on remote work.

Features upon dismissal.

There are peculiarities when dismissing remote workers, in particular, at the initiative of the employer.

By general rule the employment contract with such employees can be terminated on the grounds established by the Labor Code. At the same time, the employment contract may provide additional grounds for the dismissal of a remote worker at the initiative of the employer (Part 1 of Article 312.5 of the Labor Code of the Russian Federation). For example, dismissal for repeated failure to meet planned targets, for regular failure to comply with the format of a report on a completed task.

Please note: additional grounds for dismissal must be established by the employment contract. If they are established not by an employment contract, but by another document, for example a job description or a local act of the organization, the dismissed person will be reinstated.

For example, a remote worker dismissed for repeated failure to meet planned targets was reinstated by the court, since such an additional basis for dismissal was provided not by the employment contract, but by the job description. The employer believed that it was an integral part of the employment contract. However, the court concluded: job descriptions taking into account their content, the procedure for acceptance, form, timing of approval by the employer, the procedure for familiarizing the employee with them, cannot be qualified as an integral part of the employment contract concluded by the parties and do not meet the requirements of Art. 56 of the Labor Code of the Russian Federation (they are not an agreement of the parties), therefore dismissal according to the rules of Part 1 of Art. 312.5. The Labor Code of the Russian Federation, which provides for the employer’s right to dismiss a remote worker on additional grounds agreed upon by the parties and specified exclusively in the employment contract, is illegal (Appeal ruling of the Sverdlovsk Regional Court dated May 11, 2017 in case No. 33-7310/2017).

Note:

The job description will be an integral part of the employment contract if, in accordance with this contract, it is an annex to it. However, in any case, it becomes mandatory only in part job responsibilities and requirements for the employee. If the job description establishes the grounds for dismissal, they are not subject to application, since such an instruction, unlike an employment contract, is not considered an agreement of the parties.

Termination of an employment relationship with a remote worker is formalized by an order (unified form T-8), the basis for which should indicate a specific provision of the contract or article of the Labor Code of the Russian Federation. The employee must be familiarized with the order by signature. If this document cannot be brought to the attention of the employee or he refuses to familiarize himself with it under signature, a corresponding entry is made in the order (instruction).

If the interaction between the employer and the remote worker is carried out by exchanging electronic documents using enhanced qualified electronic signatures, the dismissal order must be sent to the employee in advance in electronic format for reference. The employee, in turn, certified the order electronic signature, must send it back.

On the day of dismissal, a paper copy of the order must be sent to the employee by registered mail with notification (Part 2 of Article 312.5 of the Labor Code of the Russian Federation).

Based on the order, if the employee’s work book was filled out, a record of dismissal is made in it. Here is a sample entry for dismissal on an additional basis established by the employment contract.

		Information about hiring, transfer to another permanent job, qualifications, dismissal	Name, date and number of the document on the basis of which the entry was made
				Employment contract terminated	Order dated November 20, 2017
				at the initiative of the employer in connection with
				with repeated violation of deadlines
				delivery of verified materials,
				clause 6.3.1 of the Employment contract
				about remote work from 04/15/2016
				No. 15/16-td, part one of article 312.5
				Labor Code
				Russian Federation.
				OK specialist Petrova I.K. Petrova
				MP Ivanov

We examined the features of remote work - in particular, those related to hiring, drawing up an employment contract, working hours and rest hours, organizing labor protection and dismissal. Otherwise, remote workers are subject to general norms Labor Code, including regarding the provision of vacations, recording of working time depending on its mode, etc.

And of course, it is not necessary to hire new employees to work remotely - you can transfer existing employees. But such a transfer is carried out only by agreement of the parties. It is possible unilaterally at the initiative of the employer only if there are compelling reasons.

Remote work in Lately is gaining popularity, and therefore Chapter 49.1 was added to the labor code, regulating the procedure for hiring remote workers.

Such a person must be hired in accordance with the Labor Code of the Russian Federation, an employment contract is concluded with him, the necessary personnel documentation is drawn up, he has the right to labor guarantees, vacation, and sick pay.

Below is step-by-step instruction for personnel officers, which will help in competently applying for work remotely.

A remote worker is a person who performs labor functions, according to the instructions for the position, outside the location of the employer’s organization.

At the same time, there is no direct control of the boss over the remote subordinate due to the remoteness of these individuals from each other.

Communication between the employer and the remote worker is carried out via telephone, e-mail, the Internet, and postal services.

When hiring such persons, you need to rely on Chapter 49.1 of the Labor Code of the Russian Federation.

If an employee is hired into an organization not remotely, then the step-by-step instructions for applying for employment look like this.

• Article 312.1 - the concept of remote work and remote worker;
• Article 312.2 - issues relating to the conclusion and amendment of an employment contract;
• Article 312.3 - organization of labor of persons working remotely;
• Art. 312.4 - time of work and rest;
• Article 312.5 - dismissal procedure.

Step-by-step instructions for applying for remote work

If we consider the step-by-step procedure for hiring remote employees, we can highlight the following steps:

Step 1	A verbal agreement on employment is reached
Step 2	It turns out a set of documents from the future employee
Step 3	Based on the received documentation, an employment contract is formed
Step 4	An electronic copy of the agreement, certified by the electronic signature of the head of the organization, is sent to the employee for signing (if it is not possible to sign electronically, then the original is sent by post)
Step 5	After signing, one copy is returned to the employer
Step 6	Based on the employment contract, an employment order is drawn up in form T-1
Step 7	The remote worker is transmitted electronically Required documents that will regulate his labor activity (job descriptions, various regulations, internal local acts of the enterprise)
Step 8	Turns on an accepted person
Step 9	If you need to register in work book- then the document is transferred to the employer by registered mail with a list of attachments

This step-by-step instruction in some cases may include additional steps, but in general the procedure is regulated by the specified order.

In this case, the employer must strictly comply with the requirements of Chapter 49.1 of the Labor Code of the Russian Federation, which stipulates the specifics of the employment procedure for remote work.

What documents are needed?

The documentation package required for registration of employment for remote work is standard. The list is prescribed in Article 65 of the Labor Code of the Russian Federation and includes the following documents:

• an application from the employee - only if the employer himself needs it due to some internal needs and established procedures;
• passport;
• educational documents if the profession requires special knowledge;
• military ID for those liable for military service or subject to conscription;
• work book, if you need to make a record of employment;
• SNILS.

If a remote worker does not have SNILS, then he must obtain it independently due to the distance from his place of work.

The exchange of documents between a remote employee and the employer can be done using postal services (documents and their certified copies are sent by registered mail) or using electronic document management. The latter is possible if both parties have an enhanced qualified electronic signature.

Initially, the specified set of documents must be sent electronically, then, if the employer so requests, they must be submitted in the original on paper via registered mail with a list of the attachments and a receipt.

Features of concluding an employment contract

After receiving documentation from a citizen, the employer is obliged to draw up an employment contract that will take into account the specifics of remote work.

An electronic version of the contract is sent to the employee in two copies; after signing, one copy is returned to the employer.

After this, within three days, the employer must send the original paper to the remote worker via registered mail.

What should be in an employment agreement for remote work:

• it should be clearly stated that work activities are carried out remotely from the employer;
• deadlines for sending electronic documents confirming received papers sent by each party to each other, that is, the procedure for exchanging documentation between a remote employee and the employer is described;
• mode and work schedule - can be strictly regulated, it is possible to set your own schedule;
• the method of transmitting reports to a remote employee about the work done, the frequency of sending reports;
• employer provision procedure necessary equipment for work, hardware and software;
• provided additional guarantees related to remote work - payment for communications, Internet, etc.

Sample order for admission

Next stage step by step procedure- this is filling out an order for employment; for this it is recommended to use the unified T-1 form.

The order is drawn up in a standard manner, and in the “working conditions” field it should be indicated that the work is remote.

Familiarization with the internal acts of the organization

The introductory procedure must be carried out, despite the fact that the employee will work remotely, that is, remotely from the location of the employer’s organization.

The employee should send the following documents electronically:

• internal labor regulations;
• collective agreement, if any;
• job description;
• other available local acts related to the activity.

The fact of familiarization is confirmed by signing in the required place.

Do I need to fill out a work book?

This issue is resolved at the request of the employee. If he wants an entry to be made in the work book, then it must be sent by registered mail to the employer, and the latter is obliged to make an entry about the appointment.

If a person does not need this entry, then the work book is not presented and information about employment is not entered.

The work experience confirms the concluded contract.

How to keep records in a timesheet?

Every employer must keep a time sheet; it either records deviations from the normal working day or reflects daily factual information about the employee.

How to reflect information about work remotely in a time sheet if there is no way to control its work process?

• weekends are designated as B or 26;
• Paid main leave should be designated in the report card as OT or 09;
• sick leave - B or 19.

The days of performing work duties are not indicated in any way on the accounting sheet. Empty cells will automatically be perceived as attendance, that is, a fully worked day without any deviations.

Useful video

Applicants and current employees are increasingly expressing a desire to work remotely; some employers greet this offer with a smile, while others are wary. The article discusses the opportunities that remote employment opens up and what consequences it is fraught with. The question is very twofold: in the USA this way of working is highly popular, but in Russia it is only gaining momentum.

What is remote work

The official definition says that it is an employment relationship between an employer and an employee in which the latter performs his duties outside the office.

Remote worker has a free schedule and is not always bound by an employment contract. The concept of “freelancer” is becoming more and more common - it is a synonym for “remote employee” abroad, essentially hired for hourly or piecework.

IN Civil Code the concept occurs "home worker", which indicates the legitimacy of this format of interaction.

Who is suitable for remote work?

It is important to recognize that home-based workers are not suitable for every task and, before deciding to switch the office to remote work, it is necessary to evaluate whether the decision is feasible. For some professions, remote work will serve as an impetus for development, while for others it will destroy them in the bud.

Often such a schedule attracts advertising specialists, designers and editors. In short, those professionals who are not always able to maintain a stable workload and full-time employment. In addition to creators, remote work is of interest to marketing workers, analysts (including financial ones), psychological and sociological research. As a rule, such employees perform project tasks and are much more effective at working from home.

Increasingly, adherents of the IT field are choosing to work remotely, because... There is no need to organize workspaces within the office walls. With the help of progress information technologies, developers software and webmasters, system administrators and many others can easily cope with tasks without leaving home.

It is convenient to transfer copywriters, artists, proofreaders, translators and journalists to a home schedule. Professionals in the opposite field of activity can also work from home: stitching, packaging, assembly and other similar work.

Working from home opens up opportunities for hiring disabled people and women maternity leave. This category of people is characterized by high motivation, works efficiently, but does not have the opportunity to get to offices and work eight-hour workdays.

Conventionally, depending on the volume of tasks that fall on specialists, 3 areas of remote work can be distinguished. The table shows an example of how representatives of a particular profession are more often hired.

1. Remote workers.
They do not need an office to work, since tasks can be remote or traveling in nature.
For example: sales representatives, sales managers, employees of remote regions.

2. Freelancers.
They will perform a one-time task or be suitable for hourly loading, drawn up under a contract or service agreement. .
For example: translators, proofreaders, tutors, copywriters, lawyers, recruiters, business trainers, designers.

3. Remote workers.
Perform full-time office tasks while at home. For example: editors, creative specialists (designers, artists, etc.), marketers, researchers, IT specialists, analysts, accountants.

Such an example does not limit the hiring method; it all depends on the workload on the person and the specifics of his functionality.

Economic efficiency

This format of interaction with an employee saves about half a million rubles a year. This can be verified by a simple calculation using average figures (they may vary in each region).

Cost of an office worker for a company

For example, the task is to hire a designer. The average salary for this position is 35 thousand - 30 thousand rubles per month, provided that the person works in an office. As practice shows, wage accounts for approximately 40% of all office staff costs. The employer pays contributions, say, 13 thousand rubles, arranges workplace for 27 thousand rubles (rent, office equipment and its maintenance, stationery, public utilities, telephone, social package, internet, cleaning and much more). In total, keeping an employee in the office will cost 75 thousand rubles per month.

And if you also equip a workplace, then the amount can be safely doubled.

Costs for a remote employee

When calculating the costs of a homeworker, financial side much more interesting for the employer. When hiring a designer for remote work, the average salary is 25 thousand rubles per month. If we talk about official employment, then contributions here will cost approximately 8.6 thousand rubles. There is no need to spend money on a workplace; they have computers, roofs over their heads and the Internet. There is a possibility that the costs of stationery and communications (including the Internet) will have to be reimbursed, but this is much cheaper - 1.5 thousand rubles. Thus, the designer will cost 35.1 thousand rubles per month.

The calculation clearly demonstrates monthly savings of 39.9 thousand rubles, translated into a year - this is rounded 480 thousand rubles. Even if you have to spend more than the specified amounts on something, for example, installing the Internet, the employer’s benefit will still remain impressive.

Pros and cons of remote work

Despite the obvious savings, it is important to objectively assess the advantages and disadvantages of this type of cooperation.

Benefits for the employer:
— Reducing the cost of maintaining the workplace.
— Payment for actual results and hours worked.
— Savings on tax payments.
— The ability to retain a valuable employee during a crisis.
— Reduced costs for social benefits.
— There is no need to purchase and maintain office equipment.

Disadvantages for the employer:
— There is no way to quickly transfer the task that has arisen.
— Difficulties with control of work.
— Less team responsibility and collective influence.
— Risk of lowering the company’s authority among clients due to a virtual office.

Benefits for the employee:
— Ability to perform several jobs simultaneously.
- Free schedule.
— Reduced travel costs.
— Saving time on the road to work.
— Preserving space in a crisis.
— Possibility to do personal affairs in parallel with work (flexible employment).

Disadvantages for the employee:
- Unstable loading.
— There is no team spirit and belonging to society.
— The risk of ending up with an unscrupulous employer.
— Distribution of workplace content among employers (calculations).
- Distractions.
— Reduced guarantees from labor legislation.

As the analysis shows, a coin always has two sides and each person determines the most significant factors.

How HR can work with remote employees

In the absence of stable personal contact, the need to form a loyal attitude towards the company and work does not decrease. To do this, it is recommended to choose communication channels by telephone or via the Internet. Key Goal: Constantly stay in touch with your colleague so that he understands his value to the company and belonging to the corporate culture.

Homeworkers tend to be self-motivated and self-disciplined. At the same time, as noted above, they have enough reasons to be distracted. The ability to unite remote workers into working groups, the results of which are assessed based on team indicators, helps to cope with this problem. Thus, 2 issues are resolved: team spirit, communication with the team and involvement in the work process.

Working remotely requires a certain percentage of maternity employees. It is important for HR not to neglect building contact with this category of personnel. If the interaction is completely satisfactory for both parties, then there is a high chance of subsequently transferring the effective colleague to the office on a permanent basis.

Organize monthly or quarterly meetings, round tables, allowing you to share results and unite as a team.

No matter how attractive the prospect of remote work may be, it is important to act consciously, thinking through every step before making a decision. To understand how suitable it is for the company, start by hiring a small group of people and testing a new format of work for the company. After which you can try to develop the project and expand the remote staff.

It will not be surprising if after some time most companies switch to the considered format of cooperation, because in addition to savings, it has the effect of novelty, which opens up interesting prospects.

Federal Law dated 04/05/13 No. 60-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” finally gave the definition and conditions of remote work, established the rules and features of hiring remote workers, concluding an employment contract with them, etc. .

So, a new chapter 49.1 has now been introduced into the Labor Code of the Russian Federation, dedicated to the peculiarities of regulating the labor of remote workers.

A remote worker is a convenience for both the specialist and the employer. The employer benefits from the fact that there is no need to create and equip a workplace, compensate for the costs of travel, food, and accommodation, because a remote worker can work not only outside the employer’s location, but also outside the state.

At the same time, the rule still applies according to which the employee carries out labor activities at the location of the employer (its branch, representative office). Of course, work outside the office was provided for earlier - for homeworkers. However, Chapter 49 of the Labor Code of the Russian Federation “Features of regulation of the labor of homeworkers” applies to labor activities of a production nature, since a homeworker is precisely a worker, one who works with his hands - “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”(Article 310 of the Labor Code of the Russian Federation).

Therefore, registering, for example, a lawyer as a home worker did not find understanding among the courts.

As a rule, knowledge workers were registered under a civil contract, and, as a result, neither the employee nor the employer could use all the legal mechanisms established by the Labor Code of the Russian Federation.

So what is telecommuting? This is the performance of a labor function specified in an employment contract outside of:

• location of the employer, its branch, representative office, other separate structural unit (including those located in another area);
• 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, including the Internet (Article 312.1 of the Labor Code of the Russian Federation).

Homeworker or remote worker?

The main difference is in the product of labor:

• A homeworker is, as a general rule, a production worker. The product of his labor has a material form;
• a remote employee performs work, the result of which may not have this form, i.e. this work is not related to production.

The next difference is the workplace:

• The homeworker's workplace is the employer's concern. If necessary, it is the employer who must obtain, for example, permission from the fire department or sanitary and epidemiological supervision;
• The remote worker takes care of his workplace himself. And in general, he can work not only at home, but anywhere, even in another country.

The homeworker, if such a requirement is established, is required to undergo a medical examination. A remote employee does not need a medical examination.

A paper employment contract is drawn up with the homeworker. For a remote employee, the contract can be drawn up both in paper and electronic form. To terminate an employment contract, the presence of a home worker is required. Termination of an employment contract with a remote employee can also be completed electronically. An entry about home work must be made in the work book, and about remote work - at the request of the employee.

The homeworker determines the work schedule independently; the work schedule for a remote employee can be stipulated in the employment contract. Hence another difference: overtime work homeworkers are not subject to payment, while remote workers may be paid.

Documenting

A fundamentally new form of communication between employee and employer has been established - the exchange of electronic documents.

Each party must send confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

Important note: for the full implementation of such an exchange, the parties to the employment contract will have to obtain an enhanced qualified electronic signature.

How is an employment contract for remote work concluded?

The law established a simplified procedure for concluding such an employment contract: it is signed by exchanging electronic documents. However, this does not relieve the employer of the obligation to send the employee a properly executed copy of the agreement on paper.

Also, the employer has the right not to issue a work book for a remote worker or not to make a record of remote work in it, if the employee himself does not object. That is, this is permissible, but only by agreement of the parties.

If an employment contract is concluded by a citizen for the first time, then the citizen himself must obtain a certificate of state pension insurance.

A remote worker, just like one working in an office, must be familiar with local regulations, orders, notifications and employer requirements. This familiarization is also carried out through the exchange of electronic documents.

Obviously, the remote worker independently determines the working hours and rest hours (otherwise may be provided for in the employment contract for remote work, but the possibilities of control, as we understand, in this case are very limited).

Let's consider the wording that is advisable to include in an employment contract with a remote employee.

An indication of the nature of the work may look like this: “The employee performs a job function outside the employer’s location (remotely).”

The place of work may indicate the address at which the work (services) will be performed. But let us remind you that you can work remotely anywhere.

As a general rule, an indication of the operating mode is mandatory (Article 57 of the Labor Code of the Russian Federation). Remote workers distribute work time and rest time at your own discretion, and otherwise may be provided for in the employment contract.

If constant interaction with a remote employee is necessary, then you should choose the option in which the work schedule is determined by the employer. That is, write it like this: “The employee is assigned a normal working time - 40 hours per week, five days a week. work week with two days off - Saturday and Sunday, duration daily work- 8 ocloc'k".

If constant interaction is not required, then it can be established that the employee distributes working time and rest time at his own discretion.

Submission of an employee to the internal labor regulations of the organization is one of the signs of labor relations (Article 15 of the Labor Code of the Russian Federation). However, if the employment contract states that the employee independently distributes his working time and rest time, then the indication of obedience to these rules turns into a fiction. It is much more logical to point out that “the internal labor regulations apply to the employee to the extent that does not contradict the essence of the employment contract concluded with him on remote work.”

If, by agreement, the employee provides himself with equipment and resources, then the wording may be as follows: “The employee independently provides himself with a computer, telephone connection and the Internet.” In this case, it is logical to establish compensation for expenses, the amount and timing of payment.

If all of the above is the employer’s concern, then it can be formulated as follows: “The employer, within the period before (specify), undertakes to provide the employee with a computer, telephone, and ensure the availability of an Internet connection.” The contract should establish the deadline for submitting the work and the method for submitting it (by email).

Transfer to remote work

In this case, it is necessary to draw up an additional agreement on changing the nature of work. For example, if an accountant will work remotely during parental leave, then the following language should be included in this additional agreement:

“The employee works at his place of residence at the address: Moscow region, Dmitrov, st. Lira Nikolskaya, 3";

“During the period of parental leave, the Employee performs his/her work function remotely”;

“The employee independently provides himself with equipment: computer, Internet, telephone connection”;

“The employer undertakes:

- provide information necessary for the implementation of labor functions by sending to email Employee at marussia_klimova@ mail.ru;

- reimburse the Employee’s expenses related to the performance of his labor function, namely, reimbursement of expenses for paying Internet bills and mobile phone, for the use of a personal computer for business purposes in the amount of (specify) rub. per month no later than (specify what) date of each month.”

Entry in the work book

If an employee does not want a record of remote work to appear in his work book, then the following statement should be taken from him:

“I, Maria Afanasyevna Klimova, who has been working at Dobry Barin LLC as an accountant since May 29, 2013, please do not enter information about this into my work book.”

The fact that Ms. Klimova worked as an accountant in this LLC will be confirmed by copies of the employment contract and the dismissal order.

Payout Considerations

A remote worker may be entitled to the following payments:

• salary;
• guarantees and compensations due to all employees according to labor legislation and social insurance legislation;
• compensation for the use of personal property for business purposes.

When remunerating labor, piecework or time-based forms can be used.

If the employee sets the work schedule himself, then it is logical to give preference to the piecework form (payment upon completion of the task).

If an employee works in a mode established by the employer, then it is more logical to establish a time-based wage system for him, determine the salary, and the procedure for calculating additional payments and allowances in proportion to the time worked.

The provision on bonuses may apply to remote workers regardless of the chosen payment system for their labor.

If the terms of the employment contract determine that the employee sets his own work schedule, then there can be no talk of overtime, just as the norms of the Labor Code of the Russian Federation on increased pay for overtime and night work and work on weekends and non-working days should not be applied. holidays.

If the work schedule is set by the employer, then the provisions of Articles 152-154 of the Labor Code of the Russian Federation will apply to remote workers.

If remote workers use their own equipment for work, then it is logical to pay them compensation, the amount and payment procedure of which should be specified in the employment contract.

When determining the amount of compensation, one can proceed from the Classification of fixed assets included in depreciation groups (approved by Decree of the Government of the Russian Federation dated 01.01.02 No. 1).

IN accounting the amount of compensation is attributed to expenses for ordinary activities (clause 5 of PBU 10/99).

Other employee expenses associated with remote work may be reimbursed in the amount of expenses actually paid by him.

Dismissal

According to Article 312.5 of the Labor Code of the Russian Federation, termination of an employment contract for remote work at the initiative of the employer is carried out on the grounds provided for in the employment contract.

Familiarization of a remote worker with the order (instruction) on dismissal, and the employee submitting an application for the issuance of copies of documents related to work can also be done electronically using an electronic signature.

On the day of termination of an electronically concluded employment contract, the employer will have to send the employee a certified copy of the employer’s order (instruction) to terminate the employment contract.

This will need to be done by registered mail with notification.

IMPORTANT:

Signs of remote work are as follows:

• the labor function is performed outside the territory directly or indirectly controlled by the employer;
• Communication between employee and employer is also carried out via the Internet.

By agreement of the parties, the employment contract on remote work defines:

• the procedure for making entries in the work book;
• the procedure for the use of equipment or software by a remote worker when performing work duties in accordance with the requirements of the employer;
• deadlines for submitting reports on work performed;
• procedure for reimbursement of expenses associated with remote work.

The employer is obliged to keep records of the time actually worked by each employee (Part 4 of Article 91 of the Labor Code of the Russian Federation). This means that he is not relieved of the obligation to keep a time sheet for the remote employee. With this option, the work time sheet can be filled out as follows: on weekdays, a mark indicating presence (“I” or “01”) is affixed; on weekends and non-working holidays, a mark indicating rest (“B” or “26”) is affixed. The number of hours worked is according to the employment contract.

Remote workers are entitled to all guarantees and compensations provided for by labor legislation and social insurance legislation.

Samvel MOVTESYAN, expert LLC " Correct solution Coaching"

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 defines remote work in general, its characteristics and the main concepts used within 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.

Though legal regulation labor 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 covered general principles registration and management of relationships. However, the dominant controversial issues are precisely the provisions of the above articles - 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 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 imply other regulatory rules for maintaining documentation and work activities.