Interviewed by GK correspondent A.V. Khoroshavkina

Contract with a remote worker: the more detailed, the better

Deputy Chief of Staff of the Committee State Duma by work, social policy and Veterans Affairs, K.Yu. n.

A new chapter has appeared in the Labor Code regulating the specifics of the work of remote workers in Ch. 49.1 Labor Code of the Russian Federation. One of the developers of the text of the Law talks about who they are and how remote work differs from other types of work, such as home-based work.

Alexander Sergeevich, why was it necessary to adopt a new chapter. 49.1 TK? After all, the Labor Code already had a chapter regulating homework in Ch. 49 Labor Code of the Russian Federation? What is the difference between remote employment and home work?

A.S. Leonov: Remote workers can be called “electronic” homeworkers. Both the character and the result of their work, and the way they communicate with the employer - all this is connected with information in electronic form. In many countries, the term “telework” is used to refer to such work activities. Moreover, in some places telework is considered as a type of home work, in others - as an independent phenomenon.

Domestic legislation took the second path and identified remote workers as a separate category.

A significant part of Ch. 49.1 is devoted to the electronic interaction of a remote worker with his employer. It is envisaged how an employment contract is concluded electronically and documents are exchanged. After all, a remote worker, unlike a homeworker, may never meet with his employer at all.

The work of a remote worker is associated with the processing and production of information, and the work of a home worker is associated with the production of some material things.

Another difference is that a home worker only works at home. A remote worker can work anywhere: at home or in a cafe, or rent an office or a separate workplace. returning to foreign experience, I note that such “telecafes” or “telecenters” where remote workers work are very popular there.

A remote worker works outside the employer's location Part 1 Art. 312.1 Labor Code of the Russian Federation. Can he live in the same locality? Can a remote worker live in another country?

A.S. Leonov: There are no restrictions on the place of residence of a remote worker in Sec. 49.1 of the Labor Code of the Russian Federation no. Therefore, a remote worker is a citizen Russian Federation can live and perform remote work where it is convenient for him.

He may well live in the same city and even on the same street where the employer’s office is located. But he must perform the work outside the employer’s office Art. 312.1 Labor Code of the Russian Federation.

The Labor Code does not prohibit hiring foreigners for remote work, provided, of course, that the legislation on the involvement of foreign citizens in labor activities is observed.

Is a job created during remote employment? In this case, does a separate division of the organization arise in the sense of tax legislation?

A.S. Leonov: When working remotely, we cannot talk about creating a stationary workplace and, accordingly, the emergence of a separate unit in principle.

Workplace- a place where the employee must be or where he needs to go in connection with his work and which is directly or indirectly under the control of the employer part 6 art. 209 Labor Code of the Russian Federation. And the creation of a separate division is precisely the equipment of the workplace, the courts believe Resolution of the Federal Antimonopoly Service of the Northern Territory of October 15, 2007 No. A56-40913/2006. In the same time remote work cannot be performed in such places Part 1 Art. 312.1 Labor Code of the Russian Federation, otherwise it is not remote work.

Therefore, the place where the remote worker performs work should not be specified in the employment contract. I think that an employer should not rent premises for work. Tax authorities may regard both as signs of the creation of a separate division.

If the employer is interested in the employee working in a certain place, and is ready to reimburse him for the costs of renting the work premises, then it is possible to provide in the employment contract that the employee rents an office himself, and establish the procedure and amount of compensation by the employer for these expenses.

The employment contract may stipulate that the employer compensates for the costs of the employee’s use of its equipment and software. You said that the employer can compensate the employee for expenses associated with the use of the premises. What about other property, such as furniture, vehicles?

A.S. Leonov: I think that if this is established by the employment contract, the employer can compensate the employee for the use of property that he needs for work Part 1 Art. 312.3 Labor Code of the Russian Federation. But this is unlikely to be a vehicle.

I would recommend making up employment contract with the remote worker in as much detail as possible. Provide in it which employee expenses are compensated and which are not. This will help avoid both conflicts with the employee and claims from the tax inspectorate.

By the way, the costs of a remote worker for the use of equipment or property can be confirmed not only with paper, but also with electronic documents.

Could you give an example of telecommuting? For example, can an accountant or journalist working from home be considered a remote worker?

A.S. Leonov: The work of a remote worker involves the use of telecommunications. Therefore, if an accountant does all his work on a computer and sends it to the employer via the Internet, then the work can be considered remote. If he is obliged to personally visit, for example, the tax office, funds, then such work no longer falls under the definition of remote work.

And a journalist who processes information from the Internet and writes articles and reviews based on it can be registered as a remote worker. But if, on behalf of the employer, he must personally come to the scene of events to make a report, no.

If an employee works remotely only part of the time, will he be considered a teleworker? For example, he works in the office 1 day a week, and on his home computer the other days. This mode is very convenient for those who have small children.

A.S. Leonov: No, and in this case the employee will not be considered remote. And it will not be possible to draw up a contract for remote work.

But even without involving a new chapter of the Code, it is possible to establish such a work regime for employees. It is enough to correctly draw up an employment contract and internal labor regulations.

If a remote worker is now registered as a homeworker, does it need to be re-registered?

A.S. Leonov: If a person registered as a homeworker essentially performs remote work, it is more profitable for the employer himself to register him as a remote worker. Indeed, in this case, the employer will have the opportunity to exchange documents with the employee in electronic form.

Therefore, if an employee whose work meets the criteria for remote work was registered as a homeworker, changes should be made to his employment contract (by agreement of the parties) Art. 72 Labor Code of the Russian Federation or (if the terms of the current employment contract provide grounds for this) terminate the old contract and enter into a new one.

Documents transmitted via communication channels must be certified by an enhanced qualified electronic signature of the employer and employee. Is it the employer's responsibility to provide an employee with an electronic signature and the equipment to read it?

A.S. Leonov: Documents that a remote worker exchanges with the employer must be certified by an enhanced qualified electronic signature. Part 4 Art. 312.1 Labor Code of the Russian Federation.

Therefore, a remote worker must have an electronic signature. But who should purchase it - the employee himself or his employer - is determined by the employment contract Part 1 Art. 312.3 Labor Code of the Russian Federation.

Perhaps the employee already has an electronic signature and the employer agrees that he will use this signature rather than purchase a new one.

During remote employment, are workplace certifications and mandatory medical examinations of workers carried out? After all, such workers spend more than 50% of their working time at the computer.

WE TELL THE MANAGER

In relation to remote workers, the employer must not conduct neither workplace certification nor mandatory medical examinations, unless otherwise provided by employment contracts.

A.S. Leonov: The employer must pay contributions to the salary of remote workers for compulsory insurance from accidents, investigate accidents and occupational diseases, comply with the instructions of the state labor inspectorate, if any. Other responsibilities of employers regarding labor protection do not apply to remote workers, unless otherwise provided by the employment contract on remote work. Part 2 Art. 312.3 Labor Code of the Russian Federation.

If an accident occurs to a teleworker while working, how can it be investigated in practice?

A.S. Leonov: There is no special procedure for investigating accidents that occur with remote workers, and here one must be guided general provisions TK Articles 227-231 of the Labor Code of the Russian Federation. The employer must investigate and inform the state labor inspectorate. I think that this should be an inspection at the employee’s place of residence or stay.

Of course, there may be difficulties in determining whether the accident involving a teleworker itself was industrial. For example, if a laptop exploded in an employee’s hands, it is necessary to establish whether he was carrying out the employer’s assignment at that moment.

It likely may make a difference whether the teleworker was working on their own equipment or on the employer's equipment. And if this is his own equipment, are the requirements for the equipment and its brand determined by the employment contract.

Is it necessary to specify the working hours of a remote worker in an employment contract?

A.S. Leonov: This is not necessary. But if it is important for the employer that the employee be online for a certain time and, for example, administer the site, it is advisable to establish the working hours in an employment contract. Modern software allows you to monitor whether the employee complies with the work schedule.

And if the job is, say, testing an online game, there is no need to set a work schedule. Then, if this is not provided for in the contract, the labor regime is established by the worker himself. Art. 312.4 Labor Code of the Russian Federation.

Are remote workers included in the vacation schedule?

Is study leave also provided to a remote worker as usual?

An employment contract with a remote worker may provide grounds for its termination at the initiative of the employer Part 1 Art. 312.5 Labor Code of the Russian Federation. What reasons could this be?

A.S. Leonov: These are likely some factors that may prevent a teleworker from performing his or her duties. But we must remember that such additional grounds should not worsen the situation of remote workers compared to other categories of workers.

If the employee and the employer are located in different regions, what standards, for example, establishing a regional minimum wage, should be used?

A.S. Leonov: In my opinion, we need to focus on the minimum wage of the region in which the employee lives and works. After all, living conditions and price levels differ in different regions.

The same applies to “northern” coefficients and premiums. Their purpose is to compensate the employee for the costs of living in a harsh climate. Therefore, if an employee lives in the south and the employing organization is located in the north, the “northern” coefficient does not apply to the employee’s salary.

Is the personal income tax of a remote worker transferred to the location of the employer?

A.S. Leonov: There are no special features here. Personal income tax on the income of remote workers is paid at the location of the employer.

Should a remote worker complain to the labor inspectorate of which region - his own or his employer's - if his rights are violated?

A.S. Leonov: The Federal Labor Inspectorate is a unified centralized system. Therefore, I think that a remote worker may well contact the inspectorate at his place of residence. And you don’t even have to go there in person, just send an email.

Information about remote work may, at the employee’s request, not be included in work book. What would you recommend: entering information about remote employment into the work book or not?

A.S. Leonov: The work book is the main document confirming the work history Art. 66 Labor Code of the Russian Federation. Proposals have already been made repeatedly to abolish work books. But this will happen, I think, in 15-20 years.

The length of service of a remote worker can be confirmed by an employment contract, which is why it is allowed not to make entries in his work book.

But for many personnel officers, when hiring a new employee, it is important to know exactly all his previous places of work, the stages of his career, and the reasons for dismissals. And the entries in the work book inspire more confidence in them.

Documents that a remote worker sends to the employer, including a work record book, may be lost in the mail. How can an employee protect himself from possible problems?

A.S. Leonov: Before sending a work book or other important document by mail, it is advisable to make a copy of it and have it certified by a notary. Then, if the post office loses the work book, it can be restored.

It is better to send documents by registered mail with a list of attachments.

If an employee falls ill, he must send documents to the employer by registered mail. Can he bring them in person?

A.S. Leonov: Possibility to give sick leave in person in Ch. 49.1 of the Labor Code is indeed not provided for, but this is a technical flaw. If the employee lives in the same locality as the employer, he can deliver the documents in person.

And if an employee lives in another locality and came to personally hand over a work book or sick leave to the employer, should the employer reimburse the employee for travel expenses? Can this be framed as a business trip?

A.S. Leonov: I think no. After all, the employee did not have to go to the employer. This is his initiative. Therefore, the employer should not reimburse such expenses, much less arrange a business trip.

How is the benefit paid if the employer is located in a region where a pilot project for paying benefits directly from the Social Insurance Fund is taking place, and the employee is in a region not participating in the project (or vice versa)?

A.S. Leonov: In these cases, it all depends on what payment rules apply in the region where the employer is located. In any case, the employee sends a sick leave certificate to the employer.

If at the employer's location there are general rules, then he pays for this sick leave in the same way as other employees.

If the employer is located in the region where the pilot project is taking place, then he will have to transfer this sick leave to the Social Insurance Fund office along with the details of the employee’s bank account to which the payment is accrued. wage. Sick leave in this case, the Social Insurance Fund will be paid directly to the employee.

How are remote workers paid for overtime, work on weekends and holidays?

A.S. Leonov: If the working hours are established in the employment contract, and the employer asks the remote worker to work additionally at other times, he will have to pay the employee all compensation provided by law. Part 3 Art. 312.1 Labor Code of the Russian Federation.

If the employee himself determines his work schedule, compensation for overtime work are not paid.

The employee is registered for remote work without creating a stationary workplace, and performs work at his home address. From today the Employee has disappeared and does not perform job responsibilities. In this case, is it possible to put “nn” on the work time sheet and what should the employer do about it? in this case?

Answer

Answer to the question:

The legislation does not contain instructions on how to keep a time sheet for a remote worker.

At the same time, the employer’s obligation to maintain such records also applies to remote workers. The Labor Code of the Russian Federation does not contain any exceptions.

At the same time, we believe that the “NN” mark in relation to a remote worker will be very controversial, and dismissal for absenteeism will be extremely difficult, which is explained by the impossibility of proving the very fact of absence from work and absenteeism.

Truancy - absence from workplace without good reason during the entire working day (shift), regardless of its duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph “a”, paragraph 6 Part 1 of Article 81 of the Labor Code of the Russian Federation).

According to Art. 209 of the Labor Code of the Russian Federation, a workplace is a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer.

Remote work involves performing a labor function outside the location of the employer and outside the stationary workplace. The workplace of a remote worker is not under the control of the employer.

Accordingly, in this situation it is possible to work time employee to enter the attendance code “I” and at the same time record it in acts, memos, etc. failure by the employee to fulfill his duties.

For failure to fulfill duties, a remote worker can be reprimanded or reprimanded, and if the duties are not fulfilled again, the employer has the right to dismiss the employee under clause 5 of Part 1 of Art. 81 of the Labor Code of the Russian Federation in connection with repeated non-compliance by an employee without good reason labor responsibilities, if he has a disciplinary sanction.

Details in the materials of the Personnel System:

The legislation does not contain a clear answer to this question.

Ivan Shklovets,

A remote employee can be fired:

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

1. Answer: How to keep a time sheet for a remote worker
2. Answer: On what grounds can you fire a remote employee?
   • by, like any other employee of the organization ().
   • according to, which are established by the employer on his own initiative and recorded in (). In this case, such grounds must answer.
3. Answer: How to document the dismissal of a remote employee

Send it to the employee for review electronically and receive the document back from him, certified by an electronic signature. On the day of dismissal, send the employee a copy of this order on paper by registered mail with notification. In addition, make the final payment with the employee and enter the necessary information in

16.10.2017, 16:14

How to keep track of working hours of a remote worker? The organization has hired a remote employee living in another constituent entity of the Russian Federation. In this regard, the HR specialist had many questions. You don’t want to make mistakes, so you need to do everything right. One of the questions that concerns the HR manager is how to fill out a time sheet for a remote worker.

A remote employee works under an employment contract

Employees performing remote work and interacting with the employer using information and telecommunication networks common use, including the Internet, are recognized as remote workers. Remote work is the performance of a labor function specified in a contract (Part 1.2 of Article 312.1 of the Labor Code of the Russian Federation):

• outside the location of the employer (head office, branch, representative office, other separate division);
• outside a stationary workplace, territory or facility directly or indirectly under the control of the employer.

Remote workers have all the rights that other categories of workers have. The point is that they are covered by everything general norms labor legislation. The specifics of the work of remote workers are regulated by Chapter 49.1 of the Labor Code of the Russian Federation.

We fill out the timesheet based on the normal duration

So how does remote work count? The working time sheet must be filled out in any case. Remote workers are no exception (Article 91 of the Labor Code of the Russian Federation). In fact, the time they work must be counted in the same way as the time worked by other employees. However, with regard to remote work, the time sheet must be completed taking into account certain features.

The fact is that a remote worker sets work time and rest time independently at his own discretion (Article 312.4 of the Labor Code of the Russian Federation). Therefore, in such a situation, taking into account remote work, the personnel officer or accountant has no choice but to indicate the normal working hours established for the category of employees to which the remote worker belongs. Let us recall that, in general case, normal working hours cannot exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation).

Thus, for each working day according to the schedule adopted by the organization, the employee needs to enter the attendance code “I” or the digital “01”, as well as the number of hours. It is clear that in most cases you need to set 8 working hours daily.

Many companies have long been convinced of the real benefits of hiring remote workers, but literally until recently there was no legal framework for official labor relations. How to properly register remote employees for work, what is important to take into account in employment contracts, and how to avoid financial risks - says IPK legal expert Tatyana Shirnina.

In 2013, the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) was supplemented with Chapter 49.1 “Features of regulation of the labor of remote workers.” These innovations were due, among other things, to the high development information technologies. And in practice, the principle of remote work has been used for a long time, but legal regulation for a long time did not have.

Today, specialists with at different levels qualifications: engineers, lawyers, accountants, translators, journalists, editors, designers, programmers, auditors. Despite the fact that remote work is already an established phenomenon in Russia, the questions are not decreasing. Let's try to answer some of them.

So, first of all, let's look at the main question:

How to apply labor Relations with a remote worker?

Your main assistant will be the Labor Code, namely the above-mentioned Chapter 49.1, which, by the way, provides for two options for concluding an employment contract:

1) an employment contract with a remote worker can be concluded by visiting the employer’s office in person;

2) an employment contract with a remote worker can be concluded by exchanging electronic documents. This option can only be used if the parties have enhanced qualified electronic signatures.

When hiring a remote worker, the list of documents required to conclude an employment contract is no different from general list, provided for in Article 65 of the Labor Code of the Russian Federation. Just one nuance: if an employment contract for remote work is concluded by exchanging electronic documents with a person entering into an employment contract for the first time, this person receives an insurance certificate of compulsory pension insurance independently.

The employer’s obligation to familiarize employees with the documents before signing an employment contract also remains. The method of familiarization depends on how the interaction between the employee and the employer takes place: by exchanging electronic documents (here we remember about an enhanced qualified electronic digital signature) or by directly visiting the employer’s office.

Terms of an employment contract with a remote worker

When drawing up an employment contract, you must be guided by Article 57 of the Labor Code of the Russian Federation. But since this is a special type of work activity, the text of the contract must reflect that the work is performed remotely.

Besides this, there are others special conditions employment contract with this category of employees. One of mandatory conditions- indicate the place of work and there are no exceptions for remote workers in this part. However, how can we indicate it if we do not know in what place the employee will perform his work function today and tomorrow?

Let's turn to article 312.1. Labor Code of the Russian Federation:

“Telework is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, or 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, provided that it is used to perform this job function and for interaction between the employer and the employee on issues related to its implementation, information -public telecommunication networks, including the Internet.”

According to representatives of Rostrud (Letter of Rostrud dated October 7, 2013 No. PG/8960-6-1 “On determining the place of work of a remote worker”), an employment contract for remote work must contain information about the place of work where the remote worker directly performs the duties assigned to him with an employment contract. Of course, the explanation of Rostrud does not equate to normative legal acts. However, the State Labor Inspectorate is its territorial body, therefore, the policy will be similar. That is, if the employment contract with a remote worker does not contain such a condition as “place of work,” the company may be brought to administrative liability under Part 3 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

So where to look for the answer? The reference may be a letter from another federal body executive power- Ministry of Finance of Russia dated 08/01/2013 N 03-03-06/1/30978, which draws a conclusion from the definition of remote work given in Art. 312.1 of the Labor Code of the Russian Federation: for an employee, the place of permanent work is his location.

Perhaps we should agree with this opinion. After all, it is logical that the place of work of the “remote worker” is the place of his actual location at the time of performing his work function.

Working conditions in the workplace

As is known, working conditions in the workplace are determined based on the results of a special assessment of working conditions. But how can an employer describe these factors if an employee can move to different parts of the Earth every day?

In fact, the legislator has provided exceptions regarding the mandatory special assessment of working conditions for certain categories of workers. These included remote workers (part 3 of article 3 Federal Law dated December 28, 2013 N 426-FZ “On special assessment of working conditions”). Consequently, since there is no need to conduct a special assessment of working conditions, the employer is automatically relieved of the obligation to include in the employment contract with a remote worker such items as: “guarantees and compensation for working with harmful and (or) hazardous conditions labor" and "working conditions in the workplace".

Operating mode

Here’s another important question: how to arrange a work schedule with remote control? It all depends on how important the employer is to the time frame within which the employee will perform his work function. This is also due to the way in which working time is recorded: the employer will keep it independently or will entrust the employee to record hours of work by self-reporting.

One option is to provide for remote employees the usual working hours adopted by the company. For example: “An employee is given a 40-hour, five-day work week, with two days off. The employee is given working days from Monday to Friday, working hours from 9:00 to 18:00, a break for rest and food - 1 hour from 12:00 to 13:00, which is not included in working hours and will not be paid. Saturday and Sunday are days off."

The second option (if it is not important in what period of time the work will be performed) is to set the employee, for example, a 40-hour five-day working week, with two days off. Indicate which days are considered working days and which days are considered weekends. Regarding the start and end times of the working day, as well as breaks for rest and food, state that they are set by the employee independently. In this case, you can write like this: “Duration of one working day: no less than 5 hours and no more than 9 hours per day. The duration of the break for rest and food is 1 (one) hour, which is not included in working hours and is not paid.”

Additional features

From the above, we can conclude that it is necessary to consolidate the methods of interaction between the employee and the employer. It is recommended that the employment contract additionally specify means of communication ( mobile phone, email, Skype, etc.) that will be used by the employee and the employer, and the time during which the employee must answer the call, incoming message/call back/write a message/get in touch.

Whatever operating mode you specify in official documents, remember: a teleworker may be located in a location with a different local time. Therefore, when determining the operating mode, indicate time zones. Otherwise, it may happen that if you get in touch with an employee at 8:00 Moscow time, you will never see him. After all, if he ends up, say, in New York, it will be late at night - 00:00.

Don't forget about your vacation

Part 2 art. 312.4 of the Labor Code of the Russian Federation obliges employers to prescribe the procedure for providing remote workers with annual paid leave and other types of leaves in the employment contract.

What else should be included in the employment contract with a “remote worker”?

It is recommended to clearly state what equipment (software and hardware) the employee will use when performing his or her job function, who provides it, what actions the employee needs to take, and within what time frame the employer must be informed about breakdowns or technical malfunctions. If the employee will use his own equipment (for example, a laptop, telephone, etc.), the employment contract should additionally regulate the procedure and timing of payment of compensation for its use.

In order to track the quality and quantity of work performed, you can additionally prescribe the procedure, timing and form for the employee to submit reports on the work performed.

Of course, as with any relatively convenient option, remote work has pitfalls.

1) When hiring a remote worker to a company, interviews are often conducted via Skype or email. In this case, the employer bears the risk of incompletely and unreliably assessing the specialist’s business qualities. Agree, in a home environment, when there is a lot of reference material around (books, manuals, the Internet), it is much easier to pass an interview.

2) Since remote work involves the possibility of electronic document management, including the signing of an employment contract, certain difficulties may arise. For example, an employer signed an employment contract and sent it to an employee, but the employee did not return the signed document and kept all copies or sent a scanned copy.

Unfortunately, due to simple carelessness in the event of a legal dispute, the terms of the employment contract may be considered inconsistent with all the ensuing consequences. Therefore, remember: the employment contract must be signed by both parties with an enhanced qualified electronic digital signature or a “live” signature on paper.

3) The question of control remains open, namely, how many hours a day a person works. That is, interaction must be clearly regulated, otherwise the employer will never know how long the remote worker worked on a given day - 8 hours or just 2 hours.

4) When an employment contract is terminated at the initiative of an employee, the employer often receives a scan of his resignation letter. However, based on the existing judicial practice, the courts do not recognize a scanned application as evidence, indicating that the employee’s will to dismiss must be expressed either in writing with the employee’s “live” signature, or signed with an enhanced qualified electronic digital signature.

5) From the point of view of the procedural code, it is not entirely clear from what moment an employee has the right to go to court to restore violated rights.

Here is a practical example. The Moscow City Court, in the Appeal ruling dated January 20, 2015 in case No. 33-1146/2015, found that on May 21, 2014, the plaintiff received a dismissal order by email, printed it out, put his signature on it and also sent this order by email to the defendant. Thus, the plaintiff received a copy of the dismissal order on May 21, 2014 and from that date he knew about his dismissal, and was not deprived of the opportunity to apply to the court for reinstatement before the expiration of one month. However, the plaintiff went to court on July 7, 2014, that is, he missed the one-month deadline.

Thus, for calculating the time limit for appealing the employer’s actions, it is the employee’s awareness of the violation of his rights that matters, including the receipt of an electronic copy of the order and the employee’s subsequent actions.

Of course, it is often convenient for both employees and employers to use the format of remote collaboration, but please note that not all specialists can be hired remotely. For example, this applies to those whose result of labor is expressed in material products. This, by the way, is one of the differences between remote workers and homeworkers.

Another interesting question that arises in practice: Can all employees in small companies work remotely?

The legislation not only does not contain restrictions on the number of employees employed remotely, but also does not define the list of positions that cannot be filled in this form. For example, if this is an online store, why not arrange for everyone to work remotely? There is only one condition: the nature of the duties performed must correspond to the definition of remote work (Article 312.1 of the Labor Code of the Russian Federation), namely:

a) performing a labor function outside the employer’s location;

b) performing a labor function outside a stationary workplace, territory or facility directly or indirectly under the control of the employer;

c) use of public information and telecommunication networks, including the Internet, to perform work functions;

d) interaction between the employer and employee on issues related to the performance of labor functions, public information and telecommunication networks, including the Internet.

That is, if we objectively consider the possibility of such an organization of work, we must again take into account that not all categories of employees, as noted above, can work remotely. As a rule, “distance workers” are workers intellectual work. Therefore, it is still quite difficult to imagine a company where only “distance workers” actually work. Secondly, it is difficult to imagine how complex the paperwork with documents is, and what the huge risks of losing them during the electronic exchange process are.

On this moment There is no judicial or inspection practice on this issue, so what assessment the authorized bodies can give to such an organization of work can only be guessed at.

As rightly noted in explanatory note to the bill on amendments to the Labor Code of the Russian Federation regarding the regulation of the labor of remote workers, “ modern development economy is impossible without productive employment, which is a derivative of an effectively functioning flexible labor market that allows you to quickly respond to economic challenges.”

Of course, remote work has many advantages, for example:

• reducing the employer's costs for renting premises and organizing workplaces;
• saving time, energy and money for the employee due to the absence of transport problems - delivery to the workplace and back;
• increase in labor productivity when it is organized in accordance with the desire of the employee in more comfortable conditions.

Remote work increases business activity and employment of the population, since people have the opportunity to work without leaving home or another convenient location. The benefits for employers are obvious: to attract workers without the cost of equipping workplaces, and at the same time receive income from their productive activities.

Tatyana Shirnina, Leading Lawyer, Labor Law Department

Remote work in our country it is not as developed as, for example, in the USA or Europe. Entrepreneurs are still frightened by the prospect that they may never meet their employees. In our article we will figure out exactly how remote work can be organized so that it does not cause concern for the enterprise and questions for the inspection authorities.

Remote or remote work from home

What do we know about remote work? There are several types of remote work:

• home-based;
• remote;
• freelancing

Freelancing is work under a civil law contract. With this type of remote work everything is clear. The entrepreneur finds an employee (freelancer), gives him a specific task, sets deadlines and indicates all this in the GPC agreement. If the employee completes the work on time, the employer pays him a one-time remuneration specified in the contract. This type of employment does not imply any social guarantees.

But with homework and remote work things are different. The employee enters into an employment contract (EA), which gives him all social guarantees.

Features of remote work of a home worker

At home work The employee's workplace is his home. Raw materials and tools for performing certain work are provided by the employer or the employee can purchase them independently. This is specified in the TD. Under such conditions, the contract specifies compensation for expenses incurred by the homeworker:

• for the purchase of materials, raw materials, tools;
• use of equipment (if it belongs to the employee and is not provided by the organization), the Internet, telephone;
• electricity costs and any other expenses, the reimbursement of which will be indicated in the TD.

A home worker can involve his family members in work (Chapter 49, Article 310 of the Labor Code of the Russian Federation).

We found out what working from home is. Let's figure out how to properly build labor relations with such employees?

Ch. 49 Labor Code The Russian Federation regulates labor relations between the employer and the homeworker. From Art. 311 of the Labor Code of the Russian Federation, it is clear that the main conditions under which work can be entrusted to a home worker are his state of health and compliance with labor protection requirements (Article 212 of the Labor Code of the Russian Federation). The majority of people working at home are producers of handicraft goods, seamstresses, and assemblers.

All relations between an enterprise and a home worker are regulated by the Labor Code of the Russian Federation and the Labor Code. Let's consider the main points of the contract.

After the conclusion of the TD, the enterprise issues an order to hire an employee. In the “Nature of work” column you need to write: “Work from home.” The employee must read the order and put his signature in the appropriate place.

The work book is filled out without any instructions about home work.

IMPORTANT! Despite the fact that the homeworker manages his own working time, the employer must fill out a time sheet. The rules on overtime payments do not apply to him.

How to fill out a time sheet correctly, read in articleatie .

Regulations on working conditions for homeworkers

Until recently, there was a provision on the working conditions of homeworkers, approved by Decree 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. 275/17-99, but it has lost force and is no longer valid on the basis of Order of the Ministry of Labor of Russia dated December 29, 2016 No. 848.

To avoid misunderstandings with the employee, it would be correct to draw up job description or provisions for home working. There you can describe in detail the safety requirements, responsibility for non-compliance and other work rules. It is also possible to provide compensation and additional guarantees. In the TD, the employee must mark that he is familiar with the rules.

Remote work according to the Labor Code

Remote work By Labor Code of the Russian Federation can be considered the performance of certain functions specified in the TD, which occurs outside of a stationary workplace provided by the employer. To work and communicate with the employer, the employee must use public information and telecommunication networks (ITS) (Article 312.1 of the Labor Code of the Russian Federation).

A remote worker is a person who has concluded a TD on remote work.

One of the differences between a remote worker and others is communication with the employer through the exchange of electronic documents and the use of enhanced electronic signatures (Law “On Electronic Signatures” dated April 6, 2011 No. 63-FZ). Each party, after receiving the electronic document, is required to send confirmation electronically.

What is an electronic signature, read in the articleatie .

The question arises: how to remote work conclude a contract agreement with a remote employee?

The contract is concluded, as is the document flow in general, using public information technology systems, incl. Email. After which the employer sends the remote worker a paper copy of the contract by mail within 3 days.

How to register an employee, working from abroad, read inarticle .

Since when remote work the employee has all the same rights as those performing his duties in the office of the enterprise; he must submit to the employer in electronic form the documents listed in Art. 65 Labor Code of the Russian Federation. If necessary, the employer has the right to require the employee to send him notarized copies of documents.

If the employee has not previously had a SNILS, he must obtain it himself and send a copy to the employer.

If there is mutual agreement, the work book is not filled out. A document confirming work activity and length of service is a TD. In the absence of such an agreement, the employee sends the work book to the employer by mail (registered mail) (Article 312.2 of the Labor Code of the Russian Federation).

Let's take a closer look at some points.

Reflection of the remote worker’s place of work in the employment contract

Because remote work cannot be associated with the employer’s address; the employee’s home address is indicated in the contract as the place of work. But this does not mean that he should only work at home.

An employee may, for example, appear at the employer's office to submit completed work results or receive an assignment. It is possible for the employee to be present in the office for a limited time (specified in the contract). But if in fact the bulk of the work is performed outside the office, it is still considered remote.

Remote employment: work and rest schedule

According to Art. 312.4 of the Labor Code of the Russian Federation, a remote worker independently establishes the schedule of his employment and rest, unless otherwise specified in the employment contract. So it's order remote work must be determined at the time of signing the contract. These working conditions are typical for specialists in creative professions.

If the contract stipulates a free work schedule, i.e., regardless of the time of day and weekends, the employer is relieved of the obligation to keep track of working hours.

But if the working hours are established in the contract (for example, from Tuesday to Saturday from 9:00 to 15:00 or any other time), the employer must keep records of working hours and make additional payments for overtime if they occur. Such conditions are typical for the work of dispatchers.

Safety

Most of the requirements for organizing labor protection and safety are related to remote work the employer is not obliged to comply.

When hired, a remote worker must be familiarized with the labor protection requirements when working with equipment provided or recommended by the enterprise (Article 312.3 of the Labor Code of the Russian Federation).

The enterprise also has the obligation to conduct a special assessment of jobs, but according to clause 3 of Art. 3 of the Law “On Special Assessment of Working Conditions” dated December 28, 2013 No. 426-FZ, a special assessment of workplaces is not carried out in relation to the working conditions of homeworkers and remote workers.

How often should occupational safety training be carried out?, read the articles:

If an employee is injured or falls ill while performing his job duties, the enterprise is obliged to organize an investigation, during which it will be determined whether this is an industrial accident or not (Article 227 of the Labor Code of the Russian Federation, Article 3 of the Law “On Mandatory social insurance from accidents at work and occupational diseases" dated July 24, 1998 No. 125-FZ). Only a commission has the right to conduct an investigation (Article 228 of the Labor Code of the Russian Federation).

Compensation

During runtime remote work the employee organizes his own labor process. If an employee uses his own or leased equipment, software and hardware, information security tools and other means, the TD must indicate the procedure and terms for payment of compensation for its use. It is also necessary to provide and indicate the procedure for reimbursement of other possible expenses associated with the implementation remote work(Article 312.3 of the Labor Code of the Russian Federation).

We conclude that the employee and the employer can agree and establish in the TD the procedure for compensating the employee’s expenses. But in accordance with the letter of the Ministry of Finance of Russia dated April 11, 2013 No. 03-04-06/11996, documentary evidence of depreciation of property and other expenses for which the employee requires compensation is required. It should also be noted that if the property was used not only for official needs, it is necessary to divide the degree of wear and tear in accordance with the purposes of its use.

Pay for remote workers

So that the employer can safely take into account the payment remote work in your expenses, you need to establish in the TD methods of recording time worked. The fact that an employee can independently determine his own working hours does not cancel the employer’s obligation to take into account the actual time worked (Article 252 of the Tax Code of the Russian Federation, Article 312.4 of the Labor Code of the Russian Federation). If this is not possible, other evidence can be provided. For example, a register of completed works.

The payment itself, as a rule, occurs by bank transfer using the details specified in the contract. If the employee wants to change Bank details To make a transfer, you must draw up an additional agreement and indicate new card details.

In addition to transferring to the employee’s account (card), payment options are available by postal order, as well as from the company’s cash desk in cash, if the employee periodically appears at the employer’s office under the terms of the contract.

Termination of an agreement

The specifics of terminating TD are specified in Art. 312.5 Labor Code of the Russian Federation.

The grounds for its termination must be specified in the contract. The reasons may be the same as for office workers. For example, termination by agreement of the parties or on the initiative of the employee (Articles 77, 78, 80, 81, 83, 84 of the Labor Code of the Russian Federation).

You can also give specific reasons that will be characteristic of a particular remote work. This may be due to the number of defects or violation of deadlines for submitting reports on the work performed. By specifying all this in the contract, the employer will be able to protect itself from unscrupulous employees.

After the dismissal order is issued, it is sent to the employee on the day of dismissal via electronic communication channels, and a paper copy of it is sent by registered mail. The employee has the right to request copies of all documents related to his labor activity(Article 62 of the Labor Code of the Russian Federation).

Results

Despite concerns, more and more modern employers are beginning to resort to the services of remote workers. This is largely due to the desire of the enterprise to save on the costs of organizing an employee’s workplace, compensation for travel to and from work, etc. Also, one should not forget that remote employees, as a rule, are paid less than their office counterparts, saving on salary costs and insurance premiums. The main thing when hiring an employee is remote work, correctly draw up an employment contract with him.