Hiring a remote worker. Hiring a remote worker: all registration rules

1) “a signature for a remote worker must be issued if the work involves signing documents,” do I understand correctly that an electronic signature is not needed to sign orders, employment contracts and other personnel documents? If so, is it possible to send original documents via mail to sign them? within what period should documents be sent? 2) is it possible to register an employee for remote work if he works in the region (from home), performing part of the functions (sales) outside the home (by car).

Answer

Answer to the question:

1) “a signature for a remote worker must be issued if the work involves signing documents,” do I understand correctly that an electronic signature is not needed to sign orders, employment contracts and other personnel documents?
If so, is it possible to send original documents by mail for signing? When should documents be sent?

An electronic signature is not required. Sending documents by mail is possible. Only if only a remote worker (or a person just starting to work remotely) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law.

Documents must be sent on time in such a way that there are no violations of familiarization with them in accordance with the norms of the Labor Code of the Russian Federation.

2) is it possible to register an employee for remote work if he works in the region (from home), performing part of the functions (sales) outside the home (by car). Thank you!

On this issue, an analysis of the employee’s labor function is required: if the work involves constant business travel, then it is more likely to document the traveling nature of the work. If this employee will perform a labor function through the telecommunications means of the employer and other persons, then remote work can be arranged.

At the same time, according to Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer , subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation. At the same time, there are no restrictions on the place of residence of a remote worker in Ch. 49.1 of the Labor Code of the Russian Federation no. Consequently, a remote worker - a citizen of the Russian Federation can live and perform remote work where it is convenient for him. At the same time, the legislation does not oblige either the employee or the employer to track the place of work of a remote worker.

Thus, it can be said that traveling nature and remote work are completely different concepts. Therefore, logically speaking, a remote worker cannot have a traveling nature of work.

As for business trips, current legislation does not contain any restrictions on sending a remote worker on a business trip.

Therefore, you need to either arrange for remote work with business trips, or a traveling nature of the work (depending on what specific functions you plan to assign to the employee).

Regarding the business trip, we note the following:

Business trip - a trip of an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work (Article 168 of the Labor Code of the Russian Federation).

As a general rule, when sending an employee on a business trip, it is not necessary to draw up a memo. But if the management of the organization considers the preparation of such notes appropriate, this rule can be enshrined in a local document (clause 3 of the regulation approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, by order of the director or Regulations on business trips. The development of such documents is not prohibited. The memo can be drawn up in any form.

A service note must be issued only if:

• an employee goes on a business trip or back to personal, rented or official transport. In such a situation, the actual length of stay at the place of business trip must be indicated in the memo, which the employee, upon returning from the business trip, presents to the employer along with supporting documents confirming the use of transport: waybills, invoices, receipts, cash receipts, etc.;
• upon returning from a business trip, the employee does not have any documents at all confirming travel and accommodation on a business trip. In this case, the employee draws up a memo upon returning from a business trip, which must contain confirmation from the receiving party about the date of the employee’s arrival at the place of business trip and departure back. He attaches a document to it in which the receiving organization confirms that he was at the place of business trip at that time.

This is stated in paragraph 7 of the Regulations, approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749.

Please note that when providing an employee with a company car (or using a personal one), the organization must have an order for the employee to combine the profession (position) of a driver, and in the employment contract there must be a clause stating that he himself drives the car and an additional payment for this.

The job responsibilities of an employee who is not a driver cannot include the responsibility of driving a car, since such a responsibility relates to the job function of a car driver.

If the expansion of duties leads to a change in the job function, then the employer must obtain the employee’s written consent to perform additional work and establish an additional payment.

About pre-trip and post-trip medical examinations:

The legislation establishes the specifics of regulating the labor of transport workers. To employees whose work is directly related with vehicle control, include, in particular, car drivers.

These features include in particular:

• mandatory preliminary medical examinations when applying for a job (Part 1 of Article 213 of the Labor Code of the Russian Federation);
• mandatory periodic medical examinations. If the driver is under 21 years of age, then he undergoes such inspections annually (part 1 of article 213 of the Labor Code of the Russian Federation, paragraph 1 of article 23 of the Federal Law of December 10, 1995 N 196-FZ);
• pre-trip and post-trip medical examinations(Clause 1, Article 23 of the Federal Law of December 10, 1995 N 196-FZ, Article 213 of the Labor Code of the Russian Federation).

In accordance with Part 2 of Article 212, Part 6 of Art. 213 of the Labor Code of the Russian Federation, medical examinations (examinations), including mandatory preliminary examinations, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, are carried out at the expense of the employer.

All employees performing work related to the movement and control of vehicles are required to undergo pre-trip medical examinations (Clause 3 of Article 23 of the Law of December 10, 1995 No. 196-FZ).

Only those drivers whose work involves transporting passengers or dangerous goods are required to undergo post-trip medical examinations (Clause 3, Article 23 of Law No. 196-FZ of December 10, 1995).

For violation of the procedure for conducting mandatory pre-trip and post-trip medical examinations of drivers, the organization and its officials may be fined (Article 11.32 of the Code of Administrative Offenses of the Russian Federation). In addition, administrative liability is provided for allowing a driver to work who has not passed the appropriate mandatory medical examination (Parts 3 and 5 of Article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Thus, based on the above, we can summarize:

1. A remote worker should not document the traveling nature of the work;

2. When providing an employee with a company car (using a personal one for business purposes), a combination license must be registered for it, such an employee must undergo medical examinations that are provided for drivers;

3. Remote work and work as a driver are incompatible concepts, and therefore it seems impossible to register a dual position as a driver for a remote worker, since the concept of remote work implies the performance of a labor function using and for interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet;

4. A remote worker can be sent on a business trip and the employee can be provided with a company car, but in this case, the employer needs to arrange a part-time job for the employee for this period, and also organize medical examinations.

Details in the materials of the Personnel System:

1. Answer:How to apply for a job as a remote worker

Remote work concept

What is meant by remote work?

Remote work is the performance of a job function:

• outside the location of the employer (branch, representative office, other separate structural unit, including those located in another area);
• outside a stationary workplace;

• outside the territory or facility directly or indirectly under the control of the employer.

At the same time, to perform work and interact, the employer and employee use public information and telecommunication networks, including the Internet.

Remote employees are individuals who perform remote work.

Such rules are established in parts of Article 312.1 of the Labor Code of the Russian Federation.

With remote employees, which means that such employees are...

Conclusion of remote labor relations with employees who will work abroad, according to Russian legislation.

Read more about the similarities and differences between telecommuting and home working.

Question from practice: is it possible to conclude an employment contract for remote work if the employee lives in the same city where the organization is located?

Yes, you can. In this case, it is necessary to distinguish between remote and home work.

For more information on the differences between home and remote work, see.

Question from practice: is it possible to conclude an employment contract for remote work if a Russian or foreign citizen will perform his work abroad

It is not recommended to conclude employment contracts for remote work in the described situation. In such cases, it is optimal to conclude a civil contract.

The Labor Code of the Russian Federation does not provide for the possibility of concluding an employment contract with an employee who will actually perform work abroad. In this case, the status of the employee is not important: Russian citizen, foreigner or stateless person.

The fact is that the employer is obliged to provide for all its employees, including remote workers (). At the same time, the regulatory documents of the Russian Federation, which contain labor standards, are valid only on the territory of Russia (). Thus, it is neither formally nor legally possible to provide safe working conditions for remote employees working abroad. Therefore, it is recommended to enter into agreements with such employees.

Such explanations are also given by specialists from official departments in letters and.

Regulatory regulation

What documents regulate the work of remote employees

Remote workers are subject to general labor laws. At the same time, labor relations with such employees also have their own characteristics, which are regulated by:

• Labor Code of the Russian Federation;
• in terms of regulating the procedure for obtaining an electronic signature and exchanging electronic documents between an employee and an employer.

Recruitment

How documents are transferred and processed when hiring a remote employee

For its part, the employer, even before the conclusion, must familiarize the employee with local acts (, etc.). This can be done by exchanging electronic documents with an electronic signature between the employer and the remote employee. This follows from the provisions of Article 312.1, Article 312.2 of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.

Question from practice: does a separate division arise at the place of work of a remote employee?

No, it doesn't happen.

Employment contract

How to draw up an employment contract with a remote employee

The relationship between a remote employee and the employer is regulated (Article , Labor Code of the Russian Federation). When registering it, be guided by, as well as special standards that relate to labor relations with remote workers (). In particular, in an employment contract with a remote worker you can additionally specify:

• the procedure and timing for submitting reports on work performed;
• information about software and hardware, information security tools, equipment that should be used in the course of work. All these funds can be provided by the employer, then the contract must specify the procedure and terms for providing the employee with such equipment, as well as the procedure for returning it upon termination of the contract. In addition, the terms of the contract may stipulate that the employee uses his own or leased funds, then the contract would be appropriate to stipulate the procedure and timing of payment of compensation for such use;
• the procedure for reimbursement of other expenses associated with remote work (for example, expenses for the Internet, telephone communications);
• to terminate an employment contract at the initiative of the employer.

Specify the location of the employer as the place of concluding the employment contract for remote work.

An employment contract on remote work, and subsequently additional agreements to it, can be concluded by exchanging electronic documents with electronic signatures between the employer and employee. In this case, no later than three calendar days from the date of conclusion of the contract, the employer must send the employee a paper copy of the contract by registered mail with notification.

Such rules are provided for in the articles of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.

Question from practice: is it necessary to indicate the place of work in an employment contract with a remote employee?

Yes, it is necessary, if possible.

The place of work is a mandatory condition of the employment contract (). This means that in the employment contract for remote work, in general, it is necessary to indicate information about the place of work at which the remote employee directly performs the duties assigned to him by the employment contract. Rostrud gives similar explanations. As a place of work, you can specify either your home address or any other place where the work process will actually take place.

At the same time, based on the definition, in some cases it is not possible to indicate the place of work in the contract with the remote worker for objective reasons. For example, in the case when an employee performs a labor function outside a stationary place and any specific territory. There is no reason to indicate the Internet as a place of work, since it is a means of performing a job function, and not a place of work. In this case, it will be enough to reflect only in the employment contract with the distance worker.

The order of acceptance to work

How to issue an order to hire a remote employee

Fill out an order for hiring a remote employee in . You can familiarize the employee with it by exchanging electronic documents with electronic signatures between the employer and the remote employee ().

Employment history

How to issue a work book for a remote employee

Insurance pension certificate

How to issue a pension insurance certificate for a remote worker

If an employee gets a job for the first time, the employer is obliged (). When hiring a remote employee, a special procedure applies. The employee independently applies to the territorial branch of the Pension Fund of the Russian Federation and receives a certificate (). The employee sends the data about the received certificate to the employer in electronic form, as well as the data that the employee presented when applying for a job ().

Operating mode

How to set a work schedule for a remote employee

The remote employee sets the working hours and rest time at his own discretion. But if the nature of the work requires the employee to perform work on certain days or hours, then the specific work schedule should be fixed in the employment contract or an additional agreement to it. This conclusion follows from the totality of the provisions of the articles of the Labor Code of the Russian Federation.

Filling out the timesheet

Question from practice: how to keep a time sheet for a remote worker

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

Vacation

How to grant leave to a remote employee

Provide annual and other types of leave to remote employees by , and specify the procedure for granting (types, duration) in ().

Occupational Safety and Health

What responsibilities in the field of labor protection must an employer fulfill in relation to remote employees?

In order to ensure safe conditions and labor protection for remote workers, the employer is obliged to:

• investigate and take into account what is happening with remote employees and;
• comply with the instructions of the state labor inspectorate;

• implement mandatory social insurance of remote employees against industrial accidents and occupational diseases;
• familiarize remote employees with labor safety requirements when working with equipment and tools recommended or provided by the employer for work.

The employer is not obliged to comply with other obligations to ensure safe conditions and labor protection in relation to remote employees (for example, provide special clothing, teach safe methods and techniques for performing work, etc.), unless otherwise provided by the employment contract.

This procedure follows from the provisions of the articles and the Labor Code of the Russian Federation.

Features of document flow

What are the features of exchanging documents with remote employees?

If a remote employee needs to contact the employer with a statement, provide explanations, or transmit other information, he can do this electronically, confirming his request with an electronic signature.

A remote employee may also need. The employer should then send such copies by certified mail with notification, unless the application specifically states that the documents can be provided electronically. In any case, copies must be sent no later than three working days from the date of receipt of the request from the employee.

A remote employee has the right to receive all insurance payments on a general basis: , etc. To receive them, the employee sends the employer the relevant original documents: certificates of incapacity for work, certificates, etc. by registered mail with notification.

Documentation of dismissal

How to document the dismissal of a remote employee

If special conditions for dismissal on additional grounds are not specified in the employment contract, then with a formal approach we can conclude that there is no need to notify the employee in advance. However, the employee may not agree with this approach and file a claim for the lawfulness of dismissal. In turn, the courts in this dispute may not support the employer and recognize the dismissal procedure as discriminatory (). Therefore, in order to avoid controversial situations, if the employer establishes an additional basis for dismissal, then he should not only clearly state the basis itself, but also specify the dismissal procedure. Use the principles and approaches to guide you.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Svetlana Gorshneva,

HR System expert

Since April 19, 2013, a new type of worker has appeared in labor legislation - a remote worker. What kind of employee this is, and who can be registered as a remote worker, and most importantly, how to properly register such an employee will be discussed in this article.

In accordance with 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 control 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.

Remote workers, as can be seen from the definition of work, can be workers who carry out their work not in an office or in a separate department, or even at home (this is the main difference from homeworkers). These workers work in any place where it is possible to access the Internet or provide services. When registering a remote worker, all the facilities where the remote worker will be located (the facilities at which the employee will carry out maintenance work or inspection) are indicated in the employment contract. An example would be a contract with an employee who is located in another city and is engaged in repairs and supervision of elevators or machines for the employer’s clients.

Judging from the definition, remote workers can be engineers, lawyers, translators, journalists, editors, designers, programmers, auditors, etc.). It should be noted right away that a remote worker also differs from a homeworker in terms of the product of labor. Homeworkers produce products that have a natural material form. Remote workers perform work, the result of which does not have a tangible form.

Let's consider a method for concluding an employment contract with a remote worker. When concluding an employment contract with a remote worker, the legislator provided for a number of features. So, in contrast to the main method of concluding an agreement, enshrined in Art. 67 of the Labor Code of the Russian Federation (written form), an employment contract with a remote worker can now be concluded by exchanging electronic documents. In this case, it is mandatory to use enhanced qualified electronic signatures of the parties in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

To sign an employment contract, a remote worker will have to contact a certification center and receive an electronic signature key certificate. It is worth noting that this service is not free. In this situation, it is easier for the employer, because many already have this signature. This certificate will be valid for a certain period. The key can be used in those areas specified in the certificate. If the appropriate area is not listed there, it will need to be added. Details about the procedure for obtaining and the cost can be found on the website of the National Certification Center - http://nca.distate.ru/catalog/

When deciding on the date of concluding an employment contract, it is advisable to put the same date on two copies of the contract, even if the signing of such an agreement took place through the exchange of electronic documents. And the place of conclusion of the employment contract will be the location of the employer.

It is also necessary in the employment contract with a remote worker to provide for the date of entry into force of such an agreement. In this regard, according to Article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided in the employment contract, or the employee actually begins work. But in the current situation, it is advisable to indicate in the contract itself the date of its commencement.

Concluding an employment contract in electronic form does not actually free the employer to transfer the original employment contract to the employee. So now, no later than three calendar days from the date of conclusion of this employment contract, the employer must send the remote worker by registered mail with notification a duly executed copy of this employment contract on paper. This copy is stamped and signed by the employer.

As you know, every employee, when hired, is required to provide the documents provided for in Art. 65 Labor Code of the Russian Federation. But what about a remote worker? After all, he is not in the office at the time of concluding the contract, but may be located at a considerable distance. The legislator also provided for this, so in paragraph 3 of Art. 312.2 of the Labor Code of the Russian Federation states that these documents can be presented to the employer in the form of an electronic document. 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. And naturally, to protect itself, it is advisable for the employer to request notarized copies of these documents.

As for the work book, the legislator made concessions and prescribed a rule according to which an entry about remote work may not be made by agreement of the parties, and if a decision is made to make such an entry, the employee is obliged to provide the employer with a work book in person or send it by registered mail notification letter.

There are also difficulties when hiring a remote worker. Firstly, this is not an excluded obligation of the employer in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, familiarize the employee with employment documents, as well as with other local acts. In accordance with Art. 312.1 of the Labor Code of the Russian Federation must familiarize the employee with all local acts with which he is obliged to familiarize him. This can also be done by exchanging electronic documents.

Secondly, this is a conflict of legislation when hiring a remote worker. In paragraph 4 of Art. 312.2 of the Labor Code of the Russian Federation is a norm that contradicts federal legislation. Thus, this article states that if an employment contract for remote work is concluded by exchanging electronic documents by a person entering into an employment contract for the first time, this person receives an insurance certificate of state pension insurance independently. And in paragraph 2 of Art. 7 Federal Federal Law No. 27-FZ 01.04.1996 “On individual (personalized) accounting in the compulsory pension insurance system” states that a person who first entered work under an employment contract or entered into a civil law agreement, the remuneration for which is in accordance with according to the legislation of the Russian Federation, insurance premiums are calculated, receives an insurance certificate of compulsory pension insurance, containing the insurance number of an individual personal account, through the policyholder. And this norm has not changed due to recent innovations.

Probably one of the main questions that may arise when registering a remote worker with an accountant is whether it is necessary to open a separate division? There are no official clarifications on this topic. But judging by the fact that a remote worker works outside the place of a separate unit (judging from the concept provided for in Article 312.1 of the Labor Code of the Russian Federation) and outside a stationary workplace, then the employer does not have an obligation to register a separate unit.

And the last thing that can make life easier for an employer when hiring a remote worker is simplifying the labor protection requirements for such an employee. So in accordance with Art. 312.3 of the Labor Code of the Russian Federation, the employer may not certify the workplace of a remote worker if such an obligation is not directly provided for in the employment contract. And this is primarily due to the fact that the employee in question does not have a workplace as such.

Interviewed by GK correspondent A.V. Khoroshavkina

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

Deputy Chief of Staff of the State Duma Committee on Labor, Social Policy and Veterans Affairs, Ph.D. 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 there such “telecafes” or “telecenters” where remote workers work are very popular.

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 - a citizen of the 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.

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 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. At the same time, remote work cannot be carried out 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 drawing up an employment contract with a 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 for compulsory accident insurance on the salaries of remote workers, investigate accidents and occupational diseases, and 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 we must be guided by the general provisions of the Labor Code 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 the 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 general rules apply at the employer’s location, then he pays for this sick leave in the same way as for 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 wages are calculated. In this case, the sick leave will be paid by the Social Insurance Fund 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 determines his own work schedule, compensation for overtime work is not paid.

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.

The Civil Code contains the concept "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), and experts in 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 the progress of information technology, software developers 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 on 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, wages account for approximately 40% of all office staff costs. The employer pays contributions, say, 13 thousand rubles, equips the workplace for 27 thousand rubles (rent, office equipment and its maintenance, stationery, utilities, telephone, benefits 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, the financial side is 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: to constantly be in touch with a 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.

In the article, we will consider the pros and cons of remote work for both the employee and the employer, as well as the nuances of hiring remote employees and terminating their employment contract. You will learn about what documents need to be completed, how the employee and employer interact, and other features of remote work.

Recently, employers are increasingly thinking about involving remote employees in the work process. This became especially relevant after the introduction of Chapter 49.1 “Features of regulation of labor of remote workers” into the Labor Code of the Russian Federation. Finally, the legislator recognized that it is possible to work effectively in various ways, and not just at the location of the employer.

Of course, not everyone can work remotely, but mainly those who have self-discipline, self-control, are responsible and are able to plan their working hours, but for some reason cannot work on the employer’s premises. Such workers are also a godsend for the employer. Of course, there are certain benefits to both parties in the employment relationship when working remotely.

Advantages and disadvantages

In accordance with Part 1 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 , 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.

Based on this definition of remote work (it is also called “remote work”), its main features can be identified. The work is carried out:

- under an employment contract;

— outside the location of the organization or separate divisions of the employer;

— using information and telecommunication networks, including the Internet.

So, you can work remotely, for example, at home, in a cafe, in special co-working centers, in transport, outside the city, abroad, etc.

The benefits of this way of working are obvious to both the employee and the employer.

By and large, for an employer, hiring remote workers has the following advantages:

— the absence of the obligation to organize a workplace allows you to reduce the cost of renting premises for workplaces (including payment for utilities, communication services, costs of maintaining premises, etc.), related furniture, equipment and machinery;

— the absence of problems associated with the employee’s travel to work allows you to spend less time finding out the reasons for non-compliance with labor discipline, in particular, being late for work, leading to disruption of the work process, etc.;

— the possibility of more flexible communication with an employee outside of working hours allows you to increase productivity and efficiency;

— in some cases, it is possible to reduce the cost of business trips for employees to other regions, which at the same time allows you to work in other regions without opening separate divisions of the organization;

- you can terminate an employment contract at the initiative of the employer in a simplified manner (we will talk about this later), etc. Undoubtedly, there are also a number of advantages for an employee in remote work, such as:

- lack of attachment to the workplace allows you to work on the road, in a cafe, outside the city and even in other countries;

- the ability to independently organize your working and free time while observing only the agreed deadlines for completing work improves its quality;

— the opportunity to work without interruption from the family (this applies mainly to women with young children) minimizes the problems associated with the constant absence of parents away from their children;

— savings on costs associated with the dress code and the employee’s work-appropriate appearance, lunches and other attributes of office life contribute to more efficient preservation and accumulation of income received;

— the absence of stress associated with direct communication with management and other employees preserves the health and psychological comfort of the employee;

— the opportunity to work for several employers at the same time allows an employee to “get away from routine” and grow professionally in different areas.

However, remote work has not only advantages. For the employer, the disadvantages of using remote work are mainly the lack of opportunity:

— directly control the work of a remote worker;

- catch an employee at work at any time in order to promptly resolve the issue if necessary;

— track how much time an employee actually spends on doing work;

— demand urgent completion of work that involves communication by phone, email, etc., if technical communication problems occur;

— bring the employee to disciplinary liability on the basis of the employee’s failure to comply with the internal labor regulations in force in the organization and other provisions aimed at strengthening labor discipline;

— track the leak of information constituting a trade secret of the organization.

For an employee, the disadvantages of remote work are primarily the absence of:

— full communication with colleagues at work and, as a result, being “outside society”;

- a “social package” associated with working on the employer’s premises, for example, if the employer provides other employees with free food during their lunch break.

For your information. In this vein, let's talk about the advantage of remote work over work under a civil contract (for the employee). Thus, if there is an employment contract with a remote worker, he is subject to the guarantees provided for by labor legislation, in contrast to work under a civil contract (civil law does not provide for any social guarantees when providing services or performing work), including social benefits and allowances pregnant women and women with young children. In addition, it is important that the employment contract with a remote worker provides for the cases and procedure for its termination, in contrast to a civil contract, which each party can terminate at any time by giving notice within the period stipulated by the contract, without giving reasons.

Who can work remotely?

As stated in Part 2 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are considered to be persons who have entered into an employment contract on remote work. The law does not define specific categories of persons who can work remotely. That is, in order to work remotely, it is enough to conclude an appropriate employment contract with the employer. Of course, only those people who, for some reason, are inconvenient to work in a different way or who, due to various circumstances, cannot work on the employer’s premises, work remotely. Remote work is primarily suitable for people with disabilities, people with family responsibilities, part-time workers, students, pensioners, etc.

Note that in practice, remote work is sometimes confused with home work (Chapter 49 of the Labor Code of the Russian Federation). However, there are significant differences between them. Thus, homeworkers, as a rule, perform work that does not require qualifications or special skills. Their work consists mainly of producing some kind of material product, for which the employer provides them with materials, raw materials, semi-finished products or reimburses the corresponding expenses. Homeworkers can even involve their family members in their work. At home, for example, you can make toys, design interior items, knit clothes, make soap, cook baked goods, etc. That is, for a home worker, the final result of the work is, by and large, important. Payment for home work is usually piecework. In addition, the employment contract is concluded only in paper form.

Remote workers often perform intellectual work that does not have a tangible result (the result here is information processed in a special way) through the use of modern communication technologies. Moreover, this work is usually carried out by exchanging electronic documents using enhanced qualified electronic signatures (Part 4 of Article 312.1 of the Labor Code of the Russian Federation).

Therefore, designers, editors, journalists, proofreaders, consultants, programmers, lawyers, etc. can work remotely. Such work is paid in various ways, depending on what kind of remuneration system the employer has. To obtain employment, such workers can send documents to the employer and conclude an employment contract electronically.

Admission to remote work

Hiring a remote employee consists of the same steps as hiring any other employees, but with some exceptions provided for in Chapter. 49.1 Labor Code of the Russian Federation. So, as a general rule, the employer must take the following actions:

- obtain from the employee the necessary documents for applying for a job (passport, insurance certificate of state pension insurance, work book, military registration documents for persons liable for military service, education documents, if the work requires special knowledge, and other documents provided for in Article 65 of the Labor Code of the Russian Federation) ;

— draw up an employment contract;

— issue an order for employment;

— fill out the employee’s personal card;

— draw up a work book (if entries will be made in it);

— familiarize the employee with the necessary local regulations of the employer.

For your information. If a remote worker (or a person just starting to work remotely) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law. Each party is obliged to send confirmation in the form of an electronic document of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

Employment contract with a remote worker

Concluding an employment contract with a remote worker has a number of features.

Firstly, it must indicate, among other mandatory conditions:

— place of work (Article 57 of the Labor Code of the Russian Federation, letter of Rostrud dated 10/07/2013 N PG/8960-6-1);

— working hours and rest hours (set by the employee at his own discretion, unless otherwise provided by the contract, part 1 of article 312.4 of the Labor Code of the Russian Federation);

— the nature of the work is remote work (Articles 57 and 312.2 of the Labor Code of the Russian Federation);

— the procedure for providing annual paid leave and other types of leave (Part 2 of Article 312.4 of the Labor Code of the Russian Federation).

In addition, additional conditions may be:

— that entries are not made in the work book (if the parties have reached such an agreement in accordance with Part 6 of Article 312.2 of the Labor Code of the Russian Federation);

— the employee’s obligation to use equipment, software and hardware, information security tools and other means provided or recommended by the employer in the performance of their official duties (Part 8 of Article 312.2 of the Labor Code of the Russian Federation);

— the procedure and terms for providing the employee with the equipment, software and hardware, information security tools and other means necessary to perform his job duties (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the amount, procedure and terms of payment of compensation for the use by an employee of equipment owned or leased by him, software and hardware, information security tools and other means (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure for reimbursement of other expenses associated with remote work (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure and timing for the employee to submit reports on work performed (Part 1 of Article 312.3 of the Labor Code of the Russian Federation).

Secondly, an employment contract with a remote worker can be concluded by exchanging electronic documents using an enhanced qualified electronic signature, and the place of conclusion of the contract will be the location of the employer (Part 1 of Article 312.2 of the Labor Code of the Russian Federation). In this case, the employer, no later than three days from the date of conclusion of the contract, is obliged to send the employee by registered mail with notification a duly executed copy of the employment contract in paper form (Part 2 of Article 312.2 of the Labor Code of the Russian Federation).

Let us give as an example a fragment of an employment contract containing the conditions for remote work (Example 1).

1. General Provisions

1.3. Work under this agreement is the main place of work for the Employee.

1.4. Place of work: remote work from home.

1.6. The employee reports to the General Director.

1.7. The employee is obliged to perform job duties provided for in the job description.

1.8. The Employee’s work in the position specified in clause 1.2 of this employment contract is carried out under normal conditions.

1.9. Nature of work: remote work from home using the Internet.

2. Rights and Obligations of the parties

2.1. The employee is obliged:

2.1.10. use software and hardware tools, as well as information security tools provided by the Employer, in the performance of their official duties;

2.1.12. monthly (no later than the 30th day of each month) submit to the Employer a report on the work done, indicating the time actually spent by the Employee on completing the work, in the form given in Appendix 1 to this agreement.

2.2. The employer is obliged:

2.2.8. provide the Employee with the software and hardware necessary to perform his job duties, as well as information security tools;

2.2.13. monthly (no later than the 30th day of each month) reimburse the Employee for expenses incurred for Internet and mobile communications based on supporting documents submitted by the Employee (checks, receipts, etc.).

3. Responsibility of the parties

4. Work and rest schedule

4.1. The employee has a five-day work week with two days off: Saturday and Sunday. Features of working hours: 4 hours a day.

4.2. The start and end times of work, including breaks in work, are set by the Employee at his own discretion.

4.3. The employee is granted annual basic paid leave of 28 calendar days.

4.4. By agreement of the parties, annual leave may be divided into parts, one of which must be at least 14 days.

5. Terms of payment

5.1. The Employer undertakes to pay the Employee wages in a timely manner and in full. The employee is paid a salary of 30,000 (Thirty thousand) rubles per month based on 0.5 of the official salary.

5.2. The Employer has the right to establish bonuses and provide financial incentives (bonuses) to the Employee in accordance with the Labor Code of the Russian Federation and the organizational and administrative documents of the Employer.

5.3. Salaries are paid to the Employee twice a month by transferring funds to the Employee's bank debit card.

6. Social insurance

The employee is subject to compulsory social insurance in the manner and under the conditions established by the legislation of the Russian Federation.

7. Duration and grounds for termination of the employment contract

7.1. This agreement is concluded for an indefinite period.

7.2. This agreement comes into force on the day it is signed by the parties.

The employee is obliged to begin performing his job duties from the date established in clause 1.5 of this agreement.

7.3. This agreement may be terminated in the manner and on the grounds provided for by the labor legislation of the Russian Federation. Termination of an employment contract is carried out on the basis of an order from the Employer.

The day of dismissal of the Employee is the last day of his work, unless otherwise provided in the Labor Code of the Russian Federation. On this day, the Employee is issued a work book, wages and other payments provided for by regulatory legal acts are calculated.

The order of acceptance to work

An order for admission to remote work is issued in the usual way, with the exception of filling out the column “Conditions of employment, nature of work” (if the company uses form N T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, hereinafter referred to as the resolution of the State Statistics Committee of the Russian Federation N 1), which indicates that the work is remote.

Familiarization with local regulations

When hiring a remote employee, a HR specialist may have a question: does such an employee need to be familiarized with the employer’s local regulations? The question is fair, especially if we assume that the employee does not work on the employer’s premises. As for local regulations, including instructions in the field of labor protection, in accordance with Part 2 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 carries out:

— investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by law;

— implementation of instructions from officials of authorized government agencies and consideration of submissions from public control bodies within the time limits established by law;

— compulsory social insurance of workers against accidents at work and occupational diseases;

— familiarizing remote workers with labor safety requirements when working with equipment and tools recommended or provided by the employer;

— other actions provided for by the employment contract on remote work.

When applying other local regulations, an individual approach to the employee is required. For example, if, in accordance with the contract concluded with him, he independently determines the working hours and rest hours, then he will not obey the internal labor regulations of the organization. Accordingly, there is no need to familiarize him with this document.

If, despite the remote place of work, the working and rest hours are determined by the employer in the internal labor regulations, of course, the employee will have to be familiarized with this document under his personal signature. In this case, a clause should be made in the employment contract: “The employee undertakes to be guided by the internal labor regulations to the extent that does not contradict the terms of this contract.”

In addition, the remote worker must be familiar with local regulations defining the procedure and terms of remuneration, containing provisions on the processing of personal data, and other documents related to his work.

These documents can be sent to the employee electronically using an enhanced qualified signature. In turn, the employee must confirm familiarization with them by sending the appropriate confirmation to the employer, also using an enhanced qualified signature.

Obtaining an enhanced qualified electronic signature

As we have mentioned more than once, the employer and employee must use an enhanced qualified signature when exchanging electronic documents (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). Thus, both parties to the employment contract for remote work are required to send each other confirmation of receipt of the electronic document.

An enhanced qualified electronic signature is considered to be a signature in respect of which the following rules are observed:

— such a signature is obtained as a result of cryptographic transformation of information using an electronic signature key;

— it allows you to identify the person who signed the electronic document;

— this signature makes it possible to detect the fact of making changes to the electronic document after the moment of its signing;

— it is created using electronic signatures;

— the key to verify it is indicated in the qualified certificate;

— to create and verify it, electronic signature tools are used that have received confirmation of compliance with the requirements established by this law.

At the same time, Art. 11 of the Federal Law of 04/06/2011 N 63-FZ “On Electronic Signatures” determines the conditions for recognition of a qualified electronic signature.

Document fragment

Article 11 of the Federal Law of 04/06/2011 N 63-FZ "On Electronic Signature"

An enhanced qualified signature must have a qualified certificate from an accredited certification authority that guarantees its authenticity. In turn, information about accredited certification centers can be found on the official website of the Russian Ministry of Telecom and Mass Communications on the Internet: minsvyaz.ru (in the “Accreditation of Certification Centers” section).

To obtain a qualified certificate, you must contact an accredited certification center by submitting the following documents or their duly certified copies:

1) the main identification document, the insurance certificate of state pension insurance of the applicant - an individual or constituent documents, a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities, and a certificate of registration with the tax authority of the applicant - a legal entity;

2) a duly certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state (for foreign legal entities);

3) a power of attorney or other document confirming the applicant’s right to act on behalf of other persons.

Once the listed actions have been completed, you can legally move on to this new type of interaction between the parties to the labor relationship.

Registration of a personal employee card

An employee’s personal card is issued for remote workers in the same way as for other employees. The employer can use a unified form of personal card N T-2, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or its own form of card, approved in the prescribed manner by the employer and used in a specific organization.

For your information. Changing the terms of an employment contract with a remote worker is carried out in the same manner as its conclusion, i.e. by exchanging electronic documents using an enhanced qualified electronic signature. The employer, no later than three days from the date of conclusion of the agreement to amend the employment contract, is obliged to send the employee by registered mail with notification a duly executed copy of the agreement and the corresponding order in paper form. Upon receipt of the documents, the employee signs them and returns them to the employer in the same way.

Time tracking

In accordance with Part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Meanwhile, the law does not establish exceptions for remote workers. As we noted, remote workers, unless otherwise provided by the employment contract, independently determine their working hours and rest time. In this case, in the timesheet in the column in which the number of hours worked is entered, you can enter:

— the number of hours that an employee must work per working day (for example, “8”, “4”, etc., depending on the work schedule agreed with the employer);

- the number of hours per day that the employee actually spent on performing work (for example, “3”, “10”, etc., depending on the work schedule agreed with the employer), which he can inform the employer about by email. At the same time, the total number of hours worked per month should not exceed the normal working hours established in the employment contract.

If a remote worker obeys the internal labor regulations established by the employer, then the time sheet is filled out in the same way as for other employees of the organization.

For your information. Considering that in accordance with Part 2 of Art. 91 of the Labor Code of the Russian Federation, the normal working hours cannot exceed 40 hours per week; it should be borne in mind that a remote worker will also be subject to labor legislation on overtime work if the employer engages such an employee to work outside the normal working hours.

As for the form of the report card, the employer can continue to use the unified form N T-12 or N T-13, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1, or approve in the prescribed manner its own form of report card used in a specific organization.

Question. Considering that in most cases, a remote worker independently organizes his working time and rest time, how can an employer control the time actually spent on work?

Of course, it is very difficult to control an employee who is not working on the employer’s premises, but it is possible. Thus, the employer and the employee can agree to include in the employment contract a provision that the employee must, along with the completed task, indicate in an email how much time was spent on its completion. Or, instead, you can oblige the employee to prepare reports on the work done for the working day, indicating the time of completion of each task.

At the same time, if the employment contract provides for the employee’s obligation to use software and hardware provided or recommended by the employer, then the employer can also use the technical tools of time tracking information systems to carry out a particular assignment.

Terminating a relationship with a remote worker

An employment contract with remote employees may be terminated on the grounds established by the Labor Code of the Russian Federation. In accordance with Part 1 of Art. 312.5 of the Labor Code of the Russian Federation, termination of an employment contract with a remote worker at the initiative of the employer is allowed only on the grounds provided for in the employment contract. For example, such reasons could be:

— employee’s refusal to use information security tools provided or recommended by the employer at work;

— systematic failure by the employee to comply with work deadlines;

- performing work improperly, etc.

Just as in the above cases, when exchanging electronic documents related to the termination of an employment contract, the parties to the contract act through the exchange of relevant electronic documents using an enhanced electronic signature with the obligatory sending of paper copies of such documents.

Let us note that the termination of an employment relationship with a remote worker is formalized by order (either the unified form N T-8, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or its own order form, approved in the prescribed manner by the employer and used in a specific organization, is used). If an employee is dismissed on the grounds provided for in the employment contract, then the order should indicate a specific provision of the contract as the basis for termination of the employment contract.

In the case when an entry was made in the work book when hiring, an entry about the termination of the employment contract must be made in it with reference to the relevant article of the Labor Code of the Russian Federation or to a specific provision of the employment contract and Part 1 of Art. 312.5 Labor Code of the Russian Federation. In a situation where the interaction between the employer and the remote worker is carried out by exchanging electronic documents using enhanced qualified electronic signatures, the employee needs to send an electronic notification in advance that the work book will be sent to him by mail. The employee must express his consent in a response email certified with an enhanced digital signature. After obtaining the employee’s consent, it is necessary to send him the work book by registered mail with notification. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. If for some reason the employee has not received a work book, then, upon his written request, the employer is obliged to issue it no later than three working days from the date of the employee’s application (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

If, by agreement between the employee and the employer, the work book was not drawn up or entries about remote work were not made in it, therefore, when the employee is dismissed, entries about the termination of the employment contract are not made in it.

In addition, an entry about the termination of the employment contract is made in the employee’s personal card, indicating the corresponding grounds (with reference to the specific provision of the employment contract, the corresponding article of the Labor Code of the Russian Federation).

Question. How can a teleworker obtain copies of work-related documents?

A remote worker can apply to the employer to issue a copy of the employment order (transfer to another job, dismissal), an extract from the work book (if entries were made in it), salary certificates, accrued and actually paid insurance premiums for compulsory pension insurance, the period of work with a given employer, etc. (Article 62 of the Labor Code of the Russian Federation). The employer must send duly certified copies of documents to the remote worker no later than three working days from the date of submission of the employee’s application by registered mail with notification or, if indicated in the application, in the form of electronic documents (Part 8 of Article 312.1 of the Labor Code of the Russian Federation).