Interviewed by the correspondent of the Civil Code A.V. Khoroshavkina

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

Deputy Chief of Staff of the State Duma Committee on Labour, Social Policy and Veterans Affairs, Candidate of Yu. n.

A new chapter has appeared in the Labor Code regulating the specifics of the work of remote workers in ch. 49.1 of the Labor Code of the Russian Federation. One of the drafters of the text of the Law tells about who they are and what is the difference between remote work and other types of work, for example, home 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 work at home ch. 49 of the Labor Code of the Russian Federation? What is the difference between remote work and home work?

A.S. Leonov: Remote workers can be called "electronic" homeworkers. Both the nature and the result of their work, and the way of communicating 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. Moreover, somewhere telework is considered as a kind of home work, somewhere - as an independent phenomenon.

Domestic legislation went the second way and singled out remote workers into a separate category.

A large part of ch. 49.1 dedicated electronic interaction remote worker with his employer. It is envisaged how the conclusion of an employment contract, the exchange of documents takes place in electronic form. 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 a homeworker is associated with the manufacture of some material things.

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

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

A.S. Leonov: No restrictions on the place of residence of a remote worker in Sec. 49.1 of the Labor Code of the Russian Federation no. Therefore, a remote worker is a citizen Russian Federation can live and work remotely wherever 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 always does the work outside the employer's office. Art. 312.1 of the Labor Code of the Russian Federation.

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

Does telecommuting create a job? Does a separate division of the organization arise in this case in the sense of tax legislation?

A.S. Leonov: With remote work, we are talking about creating a stationary workplace and, accordingly, the emergence separate subdivision basically can't go.

The workplace is the place where the worker has to 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 of the Labor Code of the Russian Federation. And the creation of a separate subdivision is precisely the equipment of the workplace, the courts believe Decree of the FAS SZO of October 15, 2007 No. A56-40913 / 2006. At the same time, remote work cannot be performed in such places. Part 1 Art. 312.1 of the Labor Code of the Russian Federation otherwise it is not remote work.

Therefore, it is not necessary to stipulate in the employment contract the place where the remote worker performs work. I think that the employer should not rent a room for work. The 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 cost of renting a working space, then it is possible to provide in the employment contract that the employee rents an office for himself, and establish the procedure and amount of compensation by the employer for these costs.

The employment contract may stipulate that the employer compensates for the costs of using the employee's equipment and software and hardware. You said that the employer can compensate the employee for expenses related to the use of the premises. What about other property, such as furniture, vehicles?

A.S. Leonov: I think that if it 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 of the Labor Code of the Russian Federation. But it is unlikely that it can 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 expenses of the employee are compensated, which are not. This will help to avoid both conflicts with the employee and the claims of the tax office.

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

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

A.S. Leonov: The work of a remote worker is associated with the use of telecommunications. Therefore, if the accountant performs 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, 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. And if, on behalf of the employer, he must personally come to the scene to make a report, no.

If an employee works remotely for only part of their working time, will they be considered a teleworker? For example, 1 day a week he works in the office, the rest of the days - at his home computer. 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 you won't be able to sign a telecommuting agreement.

But even without involving a new chapter of the Code, it is possible to establish such a mode of work 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, should he be re-registered?

A.S. Leonov: If a person registered as a homeworker performs essentially remote work, it is more profitable for the employer to register him as a remote worker. Indeed, in this case, the employer will be able 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 give grounds for that) terminate the old contract and conclude 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 responsibility of the employer to provide an employee with an electronic signature and equipment for reading it?

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

Perhaps the employee already has an electronic signature and the employer agrees that he will use this signature, and not acquire a new one.

Are workplaces certified and mandatory medical examinations of employees carried out during remote employment? After all, such workers spend more than 50% of their working time at the computer.

TELLING THE MANAGER

For teleworkers, the employer must not carry out neither certification of workplaces, nor mandatory medical examinations, unless otherwise provided by employment contracts.

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

If an accident occurs to a remote worker while on the job, how to investigate it in practice?

A.S. Leonov: There is no special procedure for investigating accidents that occurred with remote workers, and here one 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 place of residence or stay of the employee.

Of course, there may be difficulties in determining whether the accident with a remote worker was industrial. For example, if a laptop exploded in the hands of an employee, it is necessary to establish whether he was performing the task of the employer at that moment.

It could probably make a difference whether the teleworker worked on their own equipment or on the employer's equipment. And if it is his own equipment, are the requirements for the equipment, its brand defined by the employment contract.

Is it necessary to prescribe the mode of work of a remote worker in the employment contract?

A.S. Leonov: This is not required. But if it is important for the employer that the employee be online for a certain time and be engaged, for example, in administering the site, it is advisable to establish the working regime in an employment contract. Modern software tools allow you to control whether the employee complies with the work regime.

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

Are remote workers included in the vacation schedule?

Is study leave also granted to a remote worker in the usual way?

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

A.S. Leonov: Probably, these are some factors that can prevent a remote worker from fulfilling their 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 employer are in different regions, what rules, for example, establishing a regional minimum wage, should be used?

A.S. Leonov: In my opinion, it is necessary to focus on the minimum wage of the region in which the employee lives and works. After all, living conditions, the level of prices in different regions differ.

The same applies to the "northern" coefficients and allowances. Their purpose is to compensate for the costs of the employee in connection with 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 at the location of the employer?

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

To the labor inspectorate of which region - his or his employer - should a remote worker complain if his rights are violated?

A.S. Leonov: The Federal Labor Inspectorate is a single centralized system. Therefore, I think that a remote worker may well apply to the inspection at his place of residence. And it is not even necessary to go there in person, it is enough to send an e-mail.

Information about remote work may, at the request of the employee, not be entered in the work book. What would you recommend: to enter information about remote employment in the work book or not?

A.S. Leonov: The work book is the main document confirming the work experience. Art. 66 Labor Code of the Russian Federation. Proposals have been repeatedly made 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, and therefore 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 jobs, the stages of his career, the reasons for dismissals. And the entries in the work book inspire more confidence in them.

Documents that a remote worker sends to an employer, including a work 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 certify it with a notary. Then, if the mail loses the work book, it can be restored.

And it is better to send documents by registered mail with a description of the attachment.

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

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 bring the documents personally.

And if the employee lives in another locality and came in order to personally hand over the work book or sick leave to the employer, should the employer reimburse the employee for travel expenses? Can this be done 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 does not have to reimburse such expenses, much less arrange a business trip.

How is the allowance paid if the employer is located in the region where the pilot project for the payment of benefits directly from the FSS is taking place, and the employee is in the region that does not participate 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 the sick leave to the employer.

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

If the employer is located in the region where the pilot project is taking place, then he will have to transfer this sick leave to the FSS department along with the details of the employee’s bank account, to which wage. The sick leave in this case will be paid by the FSS directly to the employee.

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

A.S. Leonov: If the working hours are specified 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 for by law. Part 3 Art. 312.1 of the Labor Code of the Russian Federation.

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

Applicants and current employees are increasingly willing to work remotely, some employers meet this offer with a smile, and some 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 very popular, and in Russia it is only gaining momentum.

What is remote work

The official definition says that this 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, 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, in essence, is hired for hourly or piecework work.

In the Civil Code there is a concept "home worker", which indicates the legitimacy of this interaction format.

Who is remote work suitable for?

It is important to realize that telecommuting is not the right fit for every task, and before making a decision to switch the office to remote work, it is necessary to evaluate whether the decision is appropriate. For some professions, remote work will serve as an impetus for development, while others will destroy them in the bud.

Often such a schedule attracts advertising specialists, designers and editors. In a word, those professionals who do not always manage to withstand a stable workload and full-time employment. In addition to creators, remote work is interesting for marketing figures, analysts (including financial ones), craftsmen of psychological and sociological research. As a rule, such employees perform project tasks and it is much more efficient for them to work at home.

Increasingly, adherents of the IT-sphere are opting for remote work, because. there is no need to organize workplaces within the walls of the office. With the help of advances in information technology, developers software and webmasters, system administrators and many others easily cope with tasks without leaving home.

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

Working from home opens up employment opportunities for people with disabilities and women in 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 out eight-hour working days.

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

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

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

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

Such an example does not limit the method of hiring, it all depends on what kind of load a person has and on the specifics of his functionality.

Economic efficiency

This format of interaction with an employee saves about half a million rubles a year. This is verified by a simple calculation, in which average figures are taken (in each region they may change).

The cost of an office worker for a company

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

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

Remote employee costs

When calculating the cost of a homeworker, the financial side is much more interesting for the employer. Hiring a designer to work remotely, on average, they set a salary of 25 thousand rubles a month. If we talk about official employment, then contributions here will cost approximately 8.6 thousand rubles. You don’t need to spend money on a workplace, they have computers, roofs over their heads and the Internet. There is a possibility that the cost of office supplies and communications (including the Internet) will have to be reimbursed, but it 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, translating into a year - this is a rounded figure of 480 thousand rubles. Even if you have to spend more than the indicated amounts in something, for example, to install the Internet, the benefit to the employer will still remain impressive.

Pros and cons of remote work

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

Benefits for the employer:
— Reducing the cost of maintaining the workplace.
- Payment for the actual result and hours worked.
- Savings on tax payments.
— The ability to retain a valuable employee in a crisis.
- Reducing the cost of the social package.
— 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 job control.
- Less team responsibility and collective influence.
- The risk of lowering the company's authority among customers due to a virtual office.

Employee benefits:
- Ability to perform several tasks at the same time.
- Free schedule.
- Reduced travel costs.
— Saving time on the road to work.
— Preservation of the place in crisis.
- The ability to do personal affairs in parallel with work (flexible employment).

Employee Disadvantages:
- Unstable loading.
- There is no team spirit and belonging to society.
- The risk of falling for an unscrupulous employer.
- Distribution of the content of the workplace among employers (calculations).
- Distracting factors.
— Reduction of guarantees from the labor legislation.

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

How HR to build 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 phone or using the Internet. Key goal: to constantly be in touch with a colleague so that he realizes his value to the company and belonging to the corporate culture.

Home workers tend to be self-motivated and able to discipline themselves. At the same time, as noted above, they have enough reasons to be distracted. The ability to combine remote workers into working groups helps to cope with this problem, the result of which is evaluated by team indicators. Thus, 2 issues are solved: team spirit, communication with the team and involvement in the work process.

Working with remote work involves 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 great chance to subsequently transfer an effective colleague to a permanent basis in the office.

Arrange monthly or quarterly meetings, round tables, allowing you to share the results and unite in a team.

As attractive as the prospect of telecommuting is, it is important to act consciously, considering each step before making a decision. To understand how it suits the company to start hiring a small group of people and try out a new way of working for the company. After that, 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 a novelty effect that opens up interesting prospects.

How to formalize an employment relationship with a remote employee

The article will help you find out how to formalize an employment relationship with a remote employee at a remote job, whether a work mode is established for him and what is the procedure for dismissal.

Many citizens prefer to work from home, regardless of whether they have the opportunity to visit the workplace every day. Although telecommuters may perform the same work as on-site workers, their employment conditions differ from standard ones. We will tell you about how to formalize an employment relationship with a remote worker, what insurance payments are due to him and what is the procedure for dismissal in this article.

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general information

Distinguish the following ways remote work:

1. Remote work.
2. Home work.

Note: Distinguishing between home and telecommuting

Citizens working remotely are subject to general rules labor legislation. (Part 3 of the Labor Code of the Russian Federation).

Features of labor relations with remote employees are regulated by the following regulations:

• Labor Code of the Russian Federation, namely.
• Law No. 63-FZ of 04/06/2011, which reflects information regarding the procedure for obtaining an electronic digital signature and the exchange of electronic documents between the employer and employees.

Remote workers should be included in the staff of the organization.

1. controlled by the employer.
2. The employee is there or should arrive there as needed.

Until the conclusion of an employment contract, the employer is obliged to familiarize the employee with various local acts:

• Labor regulations.
• Award Regulations.
• Collective agreement, etc.

This procedure can be carried out through an electronic exchange between the employer and the employee who works remotely. Documents must be signed with an electronic signature.

This rule is confirmed by the following normative documents:

• Labor Code of the Russian Federation, part 5 of article 312.1, part 5 of article 312.2.
• Law No. 63-FZ of April 6, 2011, article 6.

Labor relations between these persons are formalized in accordance with the general rules under Article 68 of the Labor Code of the Russian Federation.

The registration process includes the following items:

1. Drawing up an employment contract.
2. Issuance of a job order.
3. Establishment of a personal card.
4. Making an entry in the work book.

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The mode of work and rest of a remote employee

If possible, the remote worker sets the mode of operation independently. When work is required to be performed at a certain time, this rule is fixed in the employment contract or additional agreement.

Record example: “The employee's working hours are set from 10.00 to 19.00. Lunch break - from 14.00 to 15.00"

The procedure for granting annual and other holidays is fixed in the employment contract and is carried out in accordance with the general rules.

An example of an entry: "An employee is provided with an annual paid leave of 28 calendar days according to the vacation schedule."

Remote worker works when he wants, so he has no days off

The remote worker worked on the day off. How to pay for this if the employment contract provides for the establishment of working hours and rest periods at the discretion of the employee?

Note: Clarifications on this issue were given by Rostrud in the May 2018 review.

Labor legislation does not provide for a special procedure for granting rest days to remote workers for working on weekends. Since the employment contract does not define the mode of work and rest of such an employee (the employee determines the mode of work and rest at his own discretion), it is impossible to consider his work on a certain day.

Exchange of documents in electronic form

An employee working remotely can contact the employer through Email. For example, if he needs to convey any information or write a statement. Appeals are certified by an electronic signature.

To exchange documents in electronic form, both parties must have an enhanced qualified electronic signature issued in a specialized certification center.

If the remote worker needed copies of some work documents and did not indicate in the application that they can be transmitted in electronic format, the employer must send them by registered mail with notification. Copies should be sent to the employee within 3 working days from the receipt of the request (part 8 of article 312.1 of the Labor Code of the Russian Federation).

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Insurance payments

A remote worker has the right to receive insurance payments (, maternity, etc.) in accordance with general grounds.

In order to receive these payments, you must send the employer by registered mail the original documents relevant to the case (disability certificate, certificates).

These rules are defined in parts 6, 7, 8 of article 312.1 of the Labor Code of Russia.

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Occupational Safety and Health

The direct obligations of the employer to protect and ensure non-hazardous criteria for the work of remote employees:

1. Follow the instructions of the State Labor Inspectorate.
2. Pay premiums for insurance of remote workers against occupational diseases and accidents.
3. Investigate employee accidents.
4. Investigate employee occupational diseases.
5. Familiarize employees with the requirements of labor protection when working with equipment.

The employer is not obliged to provide remote employees with overalls, training in the safe performance of work, unless this is stipulated in the employment contract.

There is no special assessment of working conditions for remote teleworkers

According to paragraph 3 of article 3 "Special assessment of working conditions" A special assessment of working conditions is not carried out in relation to the working conditions of homeworkers, remote workers and employees who have entered into labor relations with employers - individuals, which are not individual entrepreneurs. In this regard, with regard to working conditions homeworkers and teleworkers- special assessment of working conditions not carried out.

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Dismissing a Remote Employee

According to the Labor Code of Russia, the dismissal of a remote worker is carried out on general grounds.

If the employee and the employer exchange documents in electronic form, then the dismissal order must be sent in a similar way. An employee familiarized with the order must send the document back, certifying it with an electronic signature.

On the day the employee is dismissed, the employer should give him a copy of the order in paper form. The document is sent by registered mail with notification. Next, the final calculation is made and the data is entered into the personal card. These rules are reflected in Part 2 of Article 312.5

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The employee is registered for remote work without creating a stationary workplace, the work is performed at the home address. As of today, the Employee has disappeared and is not performing his duties. Is it possible in this case to put "nn" in the time sheet and what should the employer do in this case?

Answer

Answer to the question:

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

At the same time, the obligation of the employer to keep such records applies to the remote worker. The Labor Code of the Russian Federation does not contain exceptions.

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

absenteeism - absence workplace without good reason during the whole working day (shift), regardless of its (its) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraph "a", paragraph 6 part 1 article 81 of the Labor Code of the Russian Federation).

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

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

Accordingly, in this situation, it is possible to set the attendance code “I” during the employee’s working hours and at the same time fix it with acts, memorandums, etc. non-fulfillment by the employee of his duties.

For failure to perform duties, a remote worker can be reprimanded or reprimanded, and in case of repeated failure to perform duties, the employer has the right to dismiss the employee under paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation in connection with repeated non-fulfillment by an employee without good reason job duties if he has a disciplinary sanction.

Details in the materials of the System Personnel:

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

Ivan Shklovets,

A remote employee can be fired:

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

1. Answer: How to keep a time sheet for a remote worker
2. Answer: On what grounds can a remote employee be fired?
   • by, like any other employee of the organization ().
   • by, which the employer sets on his own initiative and fixes in (). At the same time, such grounds must be answered.
3. Answer: How to document the dismissal of a remote employee

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

Increasingly, employers are turning to remote workers. Is it related to that? that remote work has a number of advantages for both the employee and the employer. An employee can be at home, in a cafe on the street and at the same time perform official duties and be an employee of the organization.

The employer does not need to prepare a workplace, it is not necessary to purchase a computer or stationery for a remote employee. The employee does not need to spend money on travel to the workplace, he can build his working day in accordance with his interests and the needs of the company.

Not all positions can be removed. For example, the seller cannot work remotely, as he must be present at his workplace behind the store counter. Remote work is usually typical for professions such as sales managers, programmers, lawyers, sales representatives, designers, that is, all those persons who do not need personal contact with colleagues or clients.

Although remote workers are not located in the office of the organization, they should be recruited into the state according to all the rules specific to the hiring of permanent employees working within the organization.

How to hire a remote worker

Remote work is currently guided by the requirements of the Labor Code of the Russian Federation, a separate article has been specially introduced into the code, which defines the rules for hiring such employees, the procedure for concluding an employment contract with them, as well as other requirements for remote work.

Chapter 49.1 of the Labor Code regulates the rules for hiring remote employees. This chapter also establishes the concept of remote work. Remote work is work that takes place outside the employer's organization.

Recruitment process for remote employees:

1. Collecting the necessary information from the employee in the form of documents - you need a passport, work book, education document, military registration documents, other papers containing personal data about the employee. You can send these documents by mail or electronically scanned copies, if necessary, copies are certified by a notary.
2. Drawing up an employment contract. An employment contract is necessarily concluded with a remote worker, a feature of this contract is the indication of the address of the work, which is different from the location of the organization itself. In general, an employment contract must comply with the Labor Code of the Russian Federation and contain all the necessary obligations, rights and responsibilities of both parties. You can download a sample employment contract with a remote employee here. An employment contract can be signed electronically, for this the employer sends an electronic version of the employment contract to the remote employee, the employee familiarizes himself with it and, if he agrees, puts his signature and sends the documents back to the employer in the same way. Also, an employment contract can be sent by mail, in this case, the original contract is sent in two copies, one of which the employee with his personal signature must send back to the employer.
3. Preparing a job application. To issue an order to hire an employee for remote work, only an employment contract signed by both parties is required. It is not necessary to require an employee to write an application for employment, labor legislation does not require this. The order in the T-1 form indicates information about the employee, the position for which he is accepted, the date of commencement of work. In the line to indicate the basis for the preparation of the document, the details of the employment contract are written.
4. Issuance of an employee's personal card. The order serves as the basis for establishing a personal card form T 2 for a remote worker, and also, if necessary, a personal file is drawn up, which includes all the documentation submitted by the employee about himself, as well as all statements, orders and other documents related to work activities worker.
5. Making an entry in the work book. In order to make a job entry in the work book, a remote worker should send his work book by mail. The employer, on the basis of order T 1, makes an appropriate entry and retains the work book until the termination of the employment contract. Upon dismissal, a record of dismissal is made in the work book, after which the book is sent to the employee who left.
6. Familiarization of the remote worker with the internal documentation of the company. Despite the fact that the employee works remotely, that is, is not within the organization, he must be familiarized with the internal regulatory documents that are relevant to him. Familiarization takes place electronically, that is, the employer sends the employee the documents with which he gets acquainted and puts his signature in the right place as a sign of awareness.

Features of registration for the work of remote workers

The employee can send documents of a personal nature to the employer in electronic form, having previously certified by a notary. If necessary, you can also send the originals of these documents to the employer, using ordered letter with acknowledgment of receipt.

The drafted employment order must be handed over to the employee for a trial signature, this can also be done remotely via electronic communication or by using the postal service.

It is not necessary to send a work book to the employer for making a job entry, this is done only if the employee himself needs it. This is related to the fact that labor activity is confirmed not only by the presence of an entry in the work book, but also by the concluded employment contract.

Remote workers are entitled to all guarantees that are provided labor code. In particular, he can count on the payment of a sick leave, on the provision of annual paid leave, and the deduction of insurance premiums.