An employment contract with a remote worker is an innovation in the Labor Code. Today, remote work is popular in Russia, because you can work without leaving your home. At the same time, you should not confuse remote workers with homeworkers: they are different kinds employment. To protect the work of Internet employees, legislators introduced into the Labor Code back in 2013 new chapter regulating online labor, so today such workers are protected at the legislative level.
Homeworker or teleworker
The work of remote workers and homeworkers is different and is regulated by different chapters of the Labor Code: 49 and 49.1. Homeworkers perform work at home, in close contact with the employer (face-to-face). At the same time, they produce something material, for example, they assemble felt-tip pens from parts, sew slippers, etc.
Remote employees may not meet with the employer; all contacts occur via an Internet connection using electronic signature or without it, and necessary documents with live signatures and seals are sent by the parties by mail. Moreover, such employees do not create anything material; they process or produce information (legal advisers, analysts, copywriters, architects, programmers, etc.).
Distance workers can be called Internet homeworkers; their relations with the customer (employer) are regulated by Chapter 49.1 of the Labor Code.
Important
The chief accountant cannot work remotely, since many documents prepared by him must be signed and submitted to the tax office in person. And the personal participation of the chief accountant in some procedures is also necessary, which excludes remote work.
How to sign a distance contract
A remote employee is a full-time employee of the company and, as required by the Labor Code, an employment contract must also be signed with him. Remote workers are subject to all the guarantees provided to regular employees:
- leave (including maternity leave);
- sick leave and overtime pay;
- provision of days off, etc.
Important
According to the norm of Article 312.2, remote employees are not issued work books unless the employee himself insists on it.
Agreement about remote work, which, in essence, is a labor contract, according to the rules of Article 312.2, is signed as follows:
- the application for employment and documents necessary for employment (Article 65 of the Labor Code) are sent to the employer in electronic form;
- a project is being prepared employment contract, endorsed by the director and sealed;
- two copies of the agreement are sent to the employee by registered mail or by courier mail;
- the employee signs both copies and sends one back to the employer by mail (copies of documents for registration, certified by a notary, must be attached to the contract).
Important
If it is possible to bring documents in person, there is no need to certify copies; they will be certified by the personnel officer, checking them with the originals. But the sick leave certificate is sent or provided only in the original
(Article 312.1 of the Labor Code), it is impossible to issue maternity benefits and maternity benefits from a copy, since the sick leave is submitted to the Social Insurance Fund.
Distance contract with an employee: features By agreement between the employee and the employer, the contract includes a condition on the employee’s use of certain computer programs
or special equipment to protect transmitted information. Payment for licensed software is often made by the employer, since it is he who will be responsible in the event of a concluded contract.
- A remote employee may not obey labor regulations, again by agreement with the employer. It may work:
- on your own schedule;
according to the schedule specified in the contract. However.
this condition, according to the norm of Article 312.4 of the Labor Code, must be reflected in the contract
The vacation condition is stipulated: the employee rests either according to the schedule or at any time that the employer agrees to. Workplace remote worker.
is not certified, it is created and equipped by the employee himself
- Advantages and disadvantages
- Internet failures;
- lack of career growth;
expenses for payment to providers and suppliers of equipment or programs. However, all these cases can be specified in the employment contract.
: exemption from liability for failure to meet deadlines for work due to failures, payment for the Internet, purchase of programs at the expense of the employer, etc.:
- The advantages are very attractive
- you can work both at home and in a rented office (there is no connection to a workplace and no travel expenses); upon agreement of the parties - free schedule work (you can work both day and night, when there is);
- free time
- guarantee of social security (payment for vacation, maternity leave, sick leave);
- an employer can hire a specialist in a profession in short supply if it is not possible to find one in his city;
- the employer saves on labor protection (workplaces are not certified, excluded work injuries and accidents).
Registration of a distance contract
The beauty of drawing up a contract is that both the employee and the employer are protected by law in case of violation of the conditions agreed upon when signing: the employer’s violations may result in a lawsuit or complaint demanding compensation for material and moral damage, and the guilty employee may receive disciplinary action– reprimand, reprimand or even dismissal.
What is remote work, how does it differ from home work, what advantages does an employer have when hiring a remote employee?
The specifics of regulating the working conditions of remote employees are determined by Chapter 49.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) in Articles 312.1-312.5. Distance work, in accordance with this standard, is work that can be performed away from the workplace. At the same time, the legislator does not determine the list of places where it is possible to perform a labor function, i.e. such an employee can work at home, in a cafe, in transport, in another city, abroad, etc.
The Institute of Remote Work is relatively new for Russia, introduced by the Law “On the Introduction...” of April 5, 2013 No. 60-FZ.
At the same time, in practice, many people confuse remote work and home work, which is regulated by Chapter 39 of the Labor Code of the Russian Federation. From Art. 310 of the Labor Code of the Russian Federation it follows that homeworkers are engaged in the manufacture of products in natural material form, that is, they perform exclusively a production function (tailoring, assembling any products, etc.). Remote employees do not produce anything tangible; the result of their activities is not material values, and information, information or objects intellectual property. As a rule, designers, editors, auditors, proofreaders, etc. work remotely.
Benefits for the employer
The advantages of remote work for employers include the following:
- Minimization of costs: no need to organize a workplace, provide technical means for work (computers, office equipment), their maintenance, office rental.
- Less paperwork and legal actions: no need to obtain permission from government agencies(for example, fire safety authorities or sanitary inspection), there is no need to comply with labor protection requirements in full.
- Less likely to be brought to administrative and other liability: since the employer has fewer responsibilities, there is less chance of being held accountable for non-compliance.
- Opportunity to work with specialists who are located outside settlement- location of the employer.
- No transport problems.
Parties to an employment contract on remote work
Consideration of the parties to a remote employment contract is important in order to understand whether all categories of employers have the right to hire employees remotely. remote work and whether all workers can work in this mode.
The law does not provide any restrictions on the status of the employer. Thus, it can be any person or organization from among those listed in Art. 20 Labor Code of the Russian Federation ( legal entities, IP, individuals, notaries, lawyers, etc.).
As for employees, these may be citizens of the Russian Federation who have reached the age of 16 (Part 1 of Article 63 of the Labor Code of the Russian Federation), although with the permission of parents and guardianship authorities it is also possible to conclude contracts with persons who have reached only 14 years of age. However, this does not apply to foreign citizens who can work in the Russian Federation only upon reaching their 18th birthday. The maximum retirement age for this category of employees has not been established, which indicates the possibility of concluding employment agreements with employees who have crossed it.
Features of an employment contract when working remotely
Due to the abundance of specific features of remote work, the content labor contract with employees in this case also differs significantly from the standard. Moreover, the form of the agreement may also differ.
By virtue of Part 1 of Art. 312.2 of the Labor Code of the Russian Federation, an employment contract with a remote worker may (but should not) be concluded by exchanging electronic documents between the parties. When choosing this method of formalizing the relationship, the employer is obliged to send a written copy of the employment contract to the employee by registered mail with return receipt requested. This must be done within three days from the date of conclusion of the contract.
To sign an electronic contract, the parties to the labor relationship must have electronic digital signatures (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). You can read about the procedure for obtaining an electronic signature in one of the subsequent sections of our article.
Specific terms of the contract
The contract must provide for the following specific conditions:
- An indication that the nature of the labor relationship is remote, which follows from Part 2 of Art. 57 Labor Code of the Russian Federation.
- Information about the period during which the parties must send each other confirmation of receipt of electronic files from each other, which follows from Part 4 of Art. 312.1 Labor Code of the Russian Federation.
- An instruction to an employee that he is obliged to use equipment provided or recommended by the employer, software. This condition optional, that is, not required to be included in the contract. In addition, the contract may include information on the procedure for the employer to reimburse the employee’s expenses for equipment and software. If a worker uses the employer’s equipment and programs, the latter is obliged to familiarize him with the labor protection requirements when working with them.
- Information on the procedure and timing for the employee to submit reports on the work done (Part 1 of Article 312.3 of the Labor Code of the Russian Federation).
- The procedure for terminating the contract at the request of the employer, which is provided for by agreement of the parties (Article 312.5 of the Labor Code of the Russian Federation).
- Notification that information about the employee’s work is not entered into the work book if there is an appropriate agreement (Part 6 of Article 312.2 of the Labor Code of the Russian Federation).
In addition, the contract can (but is not required) specify the employee’s working hours and rest hours. If this is not specified, the employee chooses the procedure for performing duties independently. Additionally, it is necessary to stipulate the procedure for granting vacations.
Rights and obligations of the parties
Almost all requirements of the Labor Code of the Russian Federation apply to remote employees, but subject to the exceptions provided for in Chapter 49.1 of the Labor Code. This applies to the rights and obligations of employees specified in Art. 21 Labor Code of the Russian Federation. We will not repeat them, since those who wish have the opportunity to familiarize themselves with them in the corresponding article (in addition to the rights and responsibilities of employees, it talks about the rights and responsibilities of employers).
A feature of remote work is that the employee is obliged to comply with labor protection requirements only if he works with equipment and tools that were provided by the employer or recommended by him, which follows from Part 2 of Art. 312.3 Labor Code of the Russian Federation. The employer, in turn, in all cases is responsible for conducting an investigation of accidents and recording occupational diseases, as well as fulfilling the requirements officials GIT. In addition, he is obliged to carry out mandatory social insurance employees from industrial accidents and occupational diseases.
It is important to note that in fact the employee is deprived of the right to workplace, however, this cannot be attributed to circumstances that disadvantage him labor rights due to the remote nature of work. An essential feature in this case is that the worker’s place of service is not subject to special assessment(SOUTH). In addition, due to the possibility of an employee establishing a work schedule on his own, he can overwork, that is, violate his right to normal working conditions, however, due to the peculiarities of remote work, this will not be recognized as a violation.
How to draw up an employment contract for remote work. Contract structure
A distance contract with an employee is drawn up according to general rules, provided for by the Labor Code of the Russian Federation, taking into account the specifics of Chapter 49.1 of the Labor Code of the Russian Federation. The content of the employment agreement is determined by the provisions of Art. 57 of the Labor Code of the Russian Federation, the legislator does not establish the form of the agreement, leaving the parties the opportunity to develop it independently. At the same time, it is necessary to pay attention to the fact that the legislator does not highlight separate requirements for the content of the agreement in electronic form, i.e. it is identical to the content of the paper contract.
In any case, it is advisable to include the following sections in the contract (the sample contract with a remote worker, presented at the link below, has a similar structure):
- A header in which it is necessary to reflect the place, date and number of the agreement, as well as the data of its parties.
- General provisions and information about the subject of the agreement. This section specifies:
- place of work;
- labor function;
- address of the workplace;
- information about the duration of the contract, the start date of work;
- procedure for exchanging electronic documents;
- conditions for filling out/non-filling out the work book by the employer.
- Rights and obligations of the parties (taking into account the above features).
- Time of work and rest.
- Payment procedure.
- Responsibility of the parties.
- Procedure for changing and terminating the contract.
- Final provisions.
- Addresses and details of the parties.
A sample employment contract with a remote worker can be downloaded from the link:
Electronic digital signature for concluding an agreement with a remote worker
Since an essential feature of concluding this type of agreement is the possibility of their execution in electronic form, it is necessary to clarify what constitutes electronic digital signature. To draw up an employment agreement, the employee and the employer are required to have an enhanced qualified electronic signature (hereinafter referred to as ECES), which follows from Part 4 of Art. 312.1 Labor Code of the Russian Federation. A document signed by UKEP is equivalent to a paper one, i.e. with handwritten signatures of the parties, which follows from the provisions of Part 1 of Art. 6 Federal Law “On Electronic...” dated 04/06/2011 No. 63.
To use UKEP, you must obtain a qualified signature verification key certificate, which is issued by an accredited certification center. You can read about the procedure for obtaining UKEP in the corresponding article.
Features of an employment contract with a part-time remote worker
By virtue of Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote employees are subject to the requirements of the Labor Code of the Russian Federation and other acts, taking into account the features enshrined in Chapter. 49.1 of the Labor Code (in the sample employment contract with a remote worker presented above, we took these features into account). It is also worth noting that, within the meaning of the provisions of Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are also subject to the requirements of the Labor Code of the Russian Federation for part-time work.
The following apply to hiring an employee for part-time service: General requirements labor legislation. In this case, the contract must additionally indicate that the work is a part-time job and not the main one. The question arises: how to reflect the conditions on the part-time work regime, if during remote work it can be determined at the discretion of the worker? In this case, you can specify any operating mode, taking into account the provisions of Part 1 of Art. 284 of the Labor Code of the Russian Federation, since it is assumed that the employee is engaged in remote work in his free time from part-time work.
Thus, an employment agreement with a remote employee differs in content from a similar agreement with a regular employee. When concluding it, it is necessary to be guided by the provisions of Chapter 49.1 of the Labor Code of the Russian Federation, which are special in relation to the general norms of the labor code. A sample remote employment contract, available for download from the link above, will allow you to draw up an individual, legally competent document with minimal effort.
How to hold an employee accountable for a disciplinary offense, so as not to lose in court? Read about this in our article.
From the article you will learn:
Disciplinary offense
First of all, we suggest you understand what constitutes a disciplinary offense. The definition of this concept is contained in Article 192 of the Labor Code of the Russian Federation.
A disciplinary offense is the failure or improper performance by an employee of his assigned job duties through his fault.
This means that if an employee does not fulfill his labor and job responsibilities or does not comply with them at all, the employer has the right to take disciplinary measures against such employee.
Download sample documents
In this regard, it is important for an organization to describe in detail in an employment contract or job description job responsibilities employee. After all, if the corresponding responsibilities of the employee are not documented, if a dispute arises, the legality of applying disciplinary measures can be easily challenged in court.
Therefore, we recommend developing for each position job descriptions, where the job characteristics and specific job responsibilities are described in detail. The employee must be familiarized with this document and signed.
Note that in practice, job descriptions are often drawn up as an annex to the employment contract. In such a situation, by signing an employment contract, the employee immediately confirms that he has read the job description.
Practical case
Is it necessary to create a commission to investigate a disciplinary offense?
The answer was prepared jointly with the editors
Ivan Shklovets answers:
Types of liability from disciplinary offenses
As we have already said, disciplinary offenses on the part of an employee entail certain negative consequences. Thus, the employer has the right to involve the employee in disciplinary liability for violations.
Please pay attention! All types provided for in Article 192 of the Labor Code of the Russian Federation. The employer has no right to expand this list.
|
Types of disciplinary liability |
For what violation does it apply? |
|
Applies for minor violation labor discipline. In particular, it can be applied in the case |
|
|
Rebuke |
More serious look responsibility. Used for more significant or repeated violations. |
|
The most severe type of disciplinary action. Can only be applied if there is a gross violation on the part of the employee. Or the violations are regular, and the employee has previously been subject to disciplinary measures. |
It is important for organizations to remember that this is a complete list of types of disciplinary punishment that can be applied to an employee. The Labor Code does not provide for other types of liability. The only exceptions are situations specifically provided for by law.
On practice commercial organizations They also use this type of responsibility as a severe reprimand. Most often it is used for gross violation, when the employer wants to strictly punish the employee, but not fire him. Labor legislation does not provide for a severe reprimand, so the employee will be able to challenge this type punishments .
Deprivation of a bonus as a liability for a disciplinary act
Another point that is important to pay attention to. Also in practice, as a disciplinary measure, employers . How legal is this?
It is important here not to confuse disciplinary liability and the need to pay incentives or incentive payments to the employee.
Thus, deprivation of a bonus cannot be used as a disciplinary measure. This type of punishment is not provided for by labor legislation. At the same time, the bonus is an incentive payment. And the employer prescribes the procedure for such payments in a local act, most often in the Regulations on Bonuses. And in the Regulations, the employer has the right to provide that those employees who have committed or have a disciplinary sanction, bonuses are not paid. It may also be possible to provide that, in such circumstances, premiums are paid at a reduced rate.
In other words, the employer has the right not to pay a bonus to the employee if he commits a disciplinary offense. But such a condition for payment (or non-payment) of the premium in mandatory must be provided for in the Regulations on Bonuses. If the situation similar condition does not contain, the organization cannot deprive an employee of a bonus who has committed a disciplinary offense.
In fact, this means that for committing a disciplinary offense, an employee can be subject to disciplinary action in the form of a reprimand, reprimand or dismissal. In addition, the employee may be deprived of a bonus if such a condition is provided for in the Regulations on Remuneration or the Regulations on Bonuses.
In this situation, we will not talk about two types of disciplinary punishment for one offense, since deprivation of a bonus is not a disciplinary measure.
Question from practice
Is it possible to deprive an employee of a bonus for committing a disciplinary offense? Payment of bonuses is provided for by the Regulations on bonuses in the organization
The answer was prepared jointly with the editors
Ivan Shklovets answers:
Deputy Head Federal service on labor and employment
The answer to this question depends on what specific conditions for payment of bonuses are specified in .
A modern specialist does not have to visit an office or other stationary workplace every day in order to successfully cope with his responsibilities and receive a fairly decent salary. Technologies for remote access, encryption and protection of information channels, digital methods of document certification and many other “miracles” of public telecommunications networks make it possible to offer employees an alternative hiring option - an employment contract for remote work.
Legislation
Until 2013, the Labor Code was not replete with details regarding the regulation of work and the protection of the rights of workers who were not required to spend all their time at an office desk. There was only a description of the work of homeworkers. But, since employees performing duties at home and remote specialists are still not the same thing, the appearance of Chapter 49.1 in the Labor Code of the Russian Federation was more than justified.
In fact, Articles 312.1-312.5 list only the distinctive features of the organization of work for remote workers. In overwhelming quantities potentially possible conflicts and situations, such employees enjoy all the rights and bear the same responsibilities as specialists in the standard way of working. They are also subject to guarantees of social insurance, paid vacations and social holidays, for example, child care. In many ways, they also retain the obligation to follow labor protection rules, although not to the full extent, Art. 312.3 TK.
Differences from a regular contract
Recently, the requirements for the content of employment contracts with ordinary employees have become increasingly stringent. The legislator insists that all duties and significant working conditions are not listed in local acts companies, and in each contract individually. This is done, first of all, to protect the rights hired persons and preventing illegal behavior by employers.
With a remote employee, things are different. The most detailed employment contract on remote work is a mutual necessity. Because, due to the remoteness and, often, long distances, it is unlikely that the parties will be able to quickly agree and adjust the details of the process.
A remote worker differs from others only in the place where duties are performed. Otherwise, he is endowed with all rights under the Labor Code of the Russian Federation.
Pros of remote work
An employment contract with a remote worker has a number of undoubted advantages, both for the employee and for the employer. For business owners, “invisible” employees are attractive, first of all, financially, but for the specialist himself, an employment contract for remote work allows him to count on some “amenities”:
| To the employer | To the employee |
| Clear cost savings on organizing workplaces, renting space, and ensuring safe working conditions | Work in an atmosphere and environment that is convenient for the individual |
| Expanding the scope of search for specialists far beyond the boundaries of the locality in which the production is located | Determine your own work schedule if work time and deadlines for delivery are not specified in the employment contract |
| For remote employees, most often, the availability of a social package, as well as the comfort of production and office premises, does not matter | The ability to painlessly combine work for several employers at once |
| The ability to pay only for the time actually spent or the amount of work completed | Searching for customers in several regions and even time zones at once |
Depending on the specifics of the work performed and the specialists hired, each party may find additional arguments in favor of concluding an employment contract with a remote worker in 2019.
Negative sides
The disadvantages of an employment contract with an employee working remotely for management follow from the same distance.
| For employee | For the employer |
| It’s hard for someone to organize their time and distribute the workload without constant supervision from their boss. | It is necessary to spend time and money to implement a control system, exchange of tasks and work results |
| If the payment depends on the load, then the income received will not be permanent. | The candidate for the position, in addition to professional skills, must have experience working in telecommunication networks, as well as necessary equipment for working at a distance |
| Also relevant is the dependence on technical equipment, uninterrupted operation of the power grid and continuous access to the Internet. | Technical problems may interfere with prompt communication with an employee |
| Attentive attention to details and legal nuances will be required, since there is a high probability of encountering unscrupulous employers. | A remote employee is unlikely to agree, and sometimes simply physically cannot, to carry out urgent or minor tasks not provided for in his contract |
A complete transfer of staff to a remote employment contract may also have a negative impact on the company’s reputation. Having a company with only a virtual office does not inspire much confidence in either clients or employees.
At the same time
An employment contract for remote work is rarely the main one. Most often, this type of employment is chosen by people looking for Additional income in free time. It is clear that a number of positions do not involve work outside the enterprise. For example, cleaners, security guards and other employees whose work is located directly in the office cannot work from home.
Today, attracting candidates under an employment contract with a part-time remote worker is most common. This form of contract is suitable for accountants, programmers, distribution agents, dispatchers of some services and other specialists whose presence in the office is not necessary.
These are interesting labor Relations also because there is no need to make an entry about them in the work book and notify your main employer about them (Article 312.2 of the Labor Code). In addition, you can combine not two or three places in this way. The number of remote employers will be limited only by the work capacity of the specialist himself and his availability of free time.
Working hours
The description of the time of remote work and the determination of the place of work should be given special attention in the employment contract. There is a fundamental division of virtually recruited specialists into those with whom it is important to have contact at a strictly established time, and those who can determine their own convenient hours for performing duties, Art. 312.4 TK.
- For example, a taxi dispatcher or operator technical support must be available on the days and times specified in the schedule or in the contract itself.
- As for positions such as accountant, advertising or insurance agent, they can decide for themselves when it is more convenient for them to start work in order to achieve the desired effect or meet deadlines.
There are, however, general requirements for all employees. For example, some samples of an employment contract for a remote worker include a clause obliging the employee to contact his superiors at strictly defined hours, in a manner specified in the contract. The contract can also list “deadlines” for the provision of daily, monthly and other reports. This clarification is especially relevant for accountants servicing an enterprise remotely. It is better to include a clause in the employment contract with a remote accountant stating by what date all reports established by the state must be provided. If the work time is fixed by contract, then the number of hours should not exceed established by law monthly or annual rate. (Article 91 of the Labor Code.)
Salary
The issue of the size and correctness of salary calculation directly depends on the method and objectivity internal control. To ensure that neither the employee nor his superiors have any doubts about the objectivity of working time recording, the specialist himself needs to strictly adhere to the system of two-way interaction that is included in the employment contract with the remote employee.
- If wage is directly proportional to the number of hours and minutes worked, the contract usually prescribes ways to communicate the start and end of a shift: by SMS, by sending an email or writing a message via the internal network. The difference between these indicators gives the timekeeper the right to calculate the amount of time worked. Otherwise, payroll is no different.
- Another scheme for determining the amount of payments is possible - based on the volume produced. The contract then describes the method of sending reports on the work done and communicating its results. Depending on the received data and the rate per unit of output, the earnings of the “remote operator” will be calculated.
Features of the agreement
The distance separating the employee and the employer determines the special procedure for concluding an employment contract remotely. If the hiring party does not provide for mandatory personal presence when signing the contract, then the documents can only be certified using an enhanced electronic signature and certificate. You need to arrange to receive it in advance. Moreover, effective remote work without this is simply impossible. This is because Article 312.2 of the Labor Code of the Russian Federation stipulates electronic document management to priority place. Paper copies must be sent by mail only after the exchange of originals with crypto signatures.
This form of certification of an employment contract with a remote worker is even more relevant in 2019, when the exchange of protected data via telecommunication channels is spreading everywhere.
- The employer just needs to send a sample contract to the specialist for review and indicate the official address Email for an answer.
- An employment contract signed by both parties must be sent to the employee in paper form within three days, Art. 312.2 TK.
- The same fully applies to all subsequent additional agreements to the original contract, as well as all orders and other documents related to the remote employee.
Pledge successful work with a remote specialist – the most detailed employment contract.
Subject of the distance contract
In addition to a detailed description of labor tasks, the subject clause in the employment contract should establish the provision that the remote worker’s place of work is located outside the office. Only this clause will give the employee the right to refuse daily presence in the office. Methods for monitoring the completion of tasks and forms should also be spelled out in detail here. feedback with superiors, timing of going on air and duration of online presence, art. 312.4 TK.
Responsibility of the parties
An employment contract with an employee that involves remote work requires special attention when writing many clauses. Starting with the item and ending with its expiration date. The section on the responsibility of the parties will not be an exception. There is no need to go too far in listing possible violations in the area regulated by law. The fact is that general cases are still considered through the prism of the Labor, Civil, Administrative and even Criminal Codes.
In the liability clause, it is better to describe special cases that are typical only for a given enterprise or a specific employee:
- How and for what a remote employee can be subject to disciplinary action (lateness, absenteeism or poor performance of duties);
- List of information and data provided for work that are not subject to disclosure;
- Financial compensation for early termination of a fixed-term employment contract with a remote worker, if it was concluded to complete a specific project and the latter was not completed.
- Other specific cases, the occurrence of which will entail damage to one or the other party.
It is good when the liability clause was studied by the parties only as a matter of familiarization. It would be worse if a remote employment contract, drawn up according to a generally accepted model, had to be put into practice. In this sad case, accounting, before deducting from the salary remote specialist the amount of fines, you must remember that they are subject to agreement with the employee. Without written recognition by the employee of the correctness of the deductions, the law allows compensation for material losses unilaterally only by a court decision, Art. 248 TK.
Compensation of expenses
An employment contract for remote work allows you to save on workplace equipment and utility costs, but may add several items of new expenses. Since a remote employee performs his functions using telecommunication networks and, often, additional equipment, then when drawing up a contract, the question of compensation for the costs of paying them, fully or partially at the expense of the employer, arises.
Labor and tax law adequately assess the need to reimburse these amounts. For these costs to be included in the gross costs, it is enough to simply write them down in the employment contract and justify their connection with the production process, Art. 312.3 TK.
It is best to immediately list what specific amounts are subject to compensation in the employment contract. For example, in a sample remote contract with an accountant, in addition to the costs of paying for the Internet, you can find a line about reimbursement of transportation costs for travel to the tax office, funds or other authorities. Confirmation of these amounts may include tickets and an explanation of the need for such visits.
Sample contract
You may find a clause on the return of funds for the purchase of equipment for an employee if remote collaboration requires special devices or software applications. An alternative option would be to provide this equipment to employees for temporary paid or free use. Methods for returning it or compensating the cost in case of damage should also be specified in the employment contract for remote work, drawn up according to a standard template ().
Annual leave
Many may have the false belief that an employment contract for remote work does not include guarantees regarding payment of annual leave. This opinion is deeply erroneous, because the very fact of signing an agreement automatically provides the employee with all labor rights. In particular, 28 calendar days of annual rest, with payment for this period according to the rules of Article 139 of the Labor Code.
Some remote workers who choose to work late at night or into the wee hours believe they are entitled to extra time off for working irregular hours. This is not entirely true, since it does not correspond to the concept set out in Art. 101 TK. Based on it, the initiative to work at such inconvenient hours for most people should come from the employer and be in excess of the established work shift. But this is practically impossible, since Art. 312.4 of the Labor Code provides for the employee to independently determine his work schedule.
For remote workers, as well as for all other company employees, the employer himself can provide more than the minimum leave, enshrining this guarantee in the collective agreement. As already mentioned, remote employees, including those working under a fixed-term remote employment contract, are subject to all local acts of the enterprise, unless otherwise specifically stated in them.
Working outside the “office” is not so common for Russian business. Therefore, only after analyzing everything negative sides distance agreement and having assessed its positive effect, you can begin cooperation at a distance.
Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and others regulatory documents to regulatory authorities.
Remote work has certain features that are reflected in the employment contract concluded with an employee who works not at the employer’s location and outside of the employer’s direct or indirect control. You will learn from this article about what conditions to include in an employment contract regulating remote work and how to conclude it.
Features of remote work and employment contracts
An employment contract with an employee on remote work can be concluded only if he works outside the location of the employer and outside the direct or indirect control of the employer.
What is remote work
Remote work is work that an employee can perform outside the workplace established by the employer (for example, at home, in another city, abroad, etc.). The employee most often receives assignments from the employer via the Internet.
You need to understand that remote work is fundamentally different from home work. The fact is that the products created by homeworkers have a natural-material form. A home worker usually performs routine work. This could be work on painting parts, making knitted items, etc.
Remote workers perform work, the result of which, as a rule, is information and intellectual property. Programmers, editors, designers, auditors, etc. can do remote work.
Features of an employment contract for remote work
An employment contract with an employee regarding remote work can be concluded by exchanging electronic documents. This is allowed Labor Code RF.
When concluding a contract in this way, it is important to pay attention to the following:
- the employer is obliged to send the remote worker by registered mail with notification a duly executed copy of the employment contract on paper within three calendar days from the date of its conclusion;
- to sign a remote employment contract, the employee and employer must use enhanced qualified electronic signatures;
- if the employee does not have a certificate of compulsory pension insurance (SNILS), then he must obtain it independently;
- The employee can send the documents necessary to conclude an employment contract (passport, SNILS, military ID, diploma, etc.) to the employer in electronic form. But if the employer additionally requests, the employee must send him by registered mail with acknowledgment of receipt notarized copies of these documents on paper. In this case, the work book must be presented in person or by sending it by registered mail with notification;
- internal documents of the enterprise affecting the activities of a remote worker (orders, notifications, collective agreement, etc.) can be viewed in electronic form.
To obtain an enhanced qualified electronic signature, a remote worker needs to contact an accredited certification center.
It is also useful to know that an employment contract for remote work can be concluded in regular written form.
Terms of the employment contract for remote work. Sample contract
The contract with a remote employee reflects the specifics of such work and the characteristics of the relationship with the employer. You can familiarize yourself with the form (sample) of an employment contract for remote work.
But the main sections of a remote employment contract are the same as those of a regular employment contract. How exactly the contract is structured is not particularly important. The main thing is that it contains the conditions provided for by the Labor Code of the Russian Federation. Therefore, the one presented about remote work is one of the options for formatting the text of the contract.
So, an employment contract for remote work must contain the following conditions:
- that the work is remote;
- about the period during which each of the parties to the contract is obliged to send in the form electronic document confirmation of receipt of an electronic document from the other party;
- on the procedure and terms for the employer to provide the employee with equipment and other means necessary for work, or the amount, procedure and terms for the employer to pay compensation for the employee’s use own equipment and other means.
- when an employee uses equipment, software and hardware, information security tools, or other means provided or recommended by the employer, the employer is obliged to familiarize the employee with the labor protection requirements when working with this equipment and means;
- on the procedure and timing for the remote worker to submit reports to the employer on the work performed;
- about working hours and rest periods;
- on the procedure for providing an employee with annual paid leave and other types of leave;
- on the grounds for termination of an employment contract at the initiative of the employer.
It is useful to know that the parties to the employment contract can also provide that information about remote work is not entered into the work book of the remote worker, and when concluding an employment contract for the first time employment history it is not issued to him. In this case, a document confirming seniority remote worker, there will be a copy of the employment contract on remote work.
