The COVID-19 pandemic requires employers to take special precautions. To prevent the spread of the virus, employees are being transferred en masse to remote work. We will tell you how to do this correctly and provide a sample order for transfer to remote work.
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What kind of work is considered remote?
Remote (remote) work is recognized as work in which two conditions are simultaneously met (Clause 1, Article 1 of Federal Law No. 407-FZ of December 8, 2020):
1) the labor function is performed outside the location of the employer (its separate structural unit), outside a stationary workplace, territory or facility directly or indirectly under its control;
2) for work and interaction on issues related to its implementation, the employer and employee use the Internet (other public information and telecommunication networks) and public communication networks.
Remote work is carried out on the basis of an employment contract (additional agreement to it). It is performed on an ongoing basis (during the term of the contract) or temporarily. In turn, temporary remote work can be performed (Clause 1, Article 1 of the Federal Law of December 8, 2020 N 407-FZ):
— continuously (within six months);
— periodically (when performing a labor function remotely and at a stationary workplace alternates).
An employer may temporarily transfer an employee to remote work without his consent on the basis of a local regulatory act (hereinafter referred to as LNA), adopted taking into account the opinion of the elected body of the primary trade union organization.
This is permitted in situations provided for in Part 1 of Art. 312.9 Labor Code of the Russian Federation. The period of such a transfer should not exceed the period during which the circumstance (incident) occurred that served as the basis for the employer’s decision on a temporary transfer (clause 1, 6, article 1 of Federal Law dated December 8, 2020 N 407-FZ).
Results
Current legislation allows for the possibility of working remotely (without being tied to jobs created by the employer). Such work is subject to the requirements of the Labor Code of the Russian Federation, but has a number of features due to the remote nature of the work. Transfer to remote work is carried out by agreement between the employee and the employer by reflecting the terms of the agreement reached in the employment contract or an additional agreement to it. An order to transfer to remote work is issued in any form.
Sources: Labor Code of the Russian Federation
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How to hire a remote worker
An employment contract for remote work can be concluded by exchanging electronic documents in the prescribed manner (clause 2 of article 1 of Federal Law dated December 8, 2020 N 407-FZ).
When concluding an employment contract by exchanging electronic documents, a number of special conditions are provided (rights and obligations of the parties):
- a person applying for work may present to the employer in electronic form the documents provided for in Art. 65 of the Labor Code of the Russian Federation, unless otherwise provided by law. Notarized copies of these documents on paper must be submitted only at the request of the employer (clause 2 of article 1 of the Federal Law of December 8, 2020 N 407-FZ);
- the employee has the right to submit a written application to be provided with a copy of the employment contract on paper. The employer is obliged to send it no later than three working days from the date of receipt of the application (clause 2 of article 1 of the Federal Law of December 8, 2020 N 407-FZ);
— a person who enters into an employment contract for the first time independently receives a document that confirms registration in the individual (personalized) accounting system (Clause 2 of Article 1 of Federal Law No. 407-FZ of December 8, 2020).
Why do you need an order?
Such a local act not only states the fact of the transition to remote work; the order on remote work regulates all further steps and is the basis for the actions of personnel officers, accountants, and other departments of the enterprise, which are forced to rebuild activities in emergency conditions. The publication of the document must be taken responsibly. It should reflect not only the transition of employees to remote mode, but also list the actions necessary to organize it. These are the instructions:
- HR department - preparation of necessary personnel documents;
- accounting - recalculate salaries, if necessary; determine mechanisms for calculating compensation for used communications and utilities;
- AHO - issuance/registration of equipment and other equipment to the employee;
- IT - organization of remote access;
- Information security department - ensuring security and confidentiality requirements.
To the extent that you define in detail the procedure for each employee involved (department or division), you will avoid confusion and confusion that usually accompanies spontaneous actions in extreme situations. This applies more to large organizations with a large number of employees and departments, but small companies can also benefit from properly completed documentation.
Order for hiring a remote worker
An order (instruction) for hiring a remote worker is drawn up in the same way as when hiring other workers: in a unified form, for example, in form N T-1 (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1), or in a form developed employer. The basis for its publication is the employment contract. The content of the order (instruction) of the employer must comply with the terms of the contract.
In particular, when using form N T-1 in the line “Conditions of employment, nature of work” you need to indicate information about the employee performing a labor function remotely (part 1 of article 68 of the Labor Code of the Russian Federation, clause 1 of article 1 of the Federal Law of 08.12 .2020 N 407-FZ, Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment, approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 N 1).
When hiring for remote work (before signing an employment contract), you can familiarize the employee with the internal labor regulations, other labor regulations directly related to his work activities, and the collective agreement by exchanging electronic documents (part 3 of article 68 of the Labor Code of the Russian Federation, clause 2 of article 1 of the Federal Law of December 8, 2020 N 407-FZ).
Information about the work activities of the remote worker is entered into the work book (if it is kept) at his request. He can provide a work book, for example, by sending it by registered mail with notification (Clause 2 of Article 1 of Federal Law No. 407-FZ of December 8, 2020).
Otherwise, the hiring procedure does not differ from the general rules.
It is important to immediately take into account: the employer’s obligations to ensure safe working conditions and labor protection for remote workers are limited (clauses 1, 6, article 1 of the Federal Law of December 8, 2020 N 407-FZ). For more information on labor protection for remote workers, see paragraph 4.3 of this material.
Is it possible to register remote work as a transfer to another job?
When transferring an employee with his consent (Article 72.1 of the Labor Code of the Russian Federation), the following changes:
But in some cases, the employee’s consent to a temporary transfer (up to 1 month) is not required (Article 72.2 of the Labor Code of the Russian Federation):
- to prevent or eliminate the consequences of disasters, accidents, epidemics, natural disasters that threaten the life and health of the population;
- if the employer is idle in the specified circumstances or for reasons of a technical, economic or organizational nature.
The Ministry of Labor draws attention to the fact that when switching to home remote work due to coronavirus, employees continue to perform their job functions, which means this situation is not recognized as a transfer to another job.
Employment contract for remote work
The content of the employment contract with a remote worker must comply with Art. 57 Labor Code of the Russian Federation.
In particular, it must include a condition for the employee to perform a labor function remotely on a permanent basis or temporarily (continuously or periodically) (Part 2 of Article 57 of the Labor Code of the Russian Federation, Clause 1 of Article 1 of Federal Law of December 8, 2020 N 407-FZ ).
The place of work of a remote worker is indicated in the employment contract in accordance with the general procedure. There are no special requirements (Part 2 of Article 57 of the Labor Code of the Russian Federation, Clause 1 of Article 1 of the Federal Law of December 8, 2020 N 407-FZ).
It is imperative to indicate the following conditions in the employment contract, if they are not established in the collective agreement, the LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, or an additional agreement to the employment contract:
1) the procedure for interaction between the employer and the employee (in particular, in connection with the performance of labor functions remotely, the transfer of work results and reports on it at the request of the employer), including (clause 3 of Article 1 of the Federal Law of December 8, 2020 N 407- Federal Law):
— deadline for sending confirmation of receipt of an electronic document (in case of interaction through the exchange of electronic documents) (Clause 3 of Article 1 of the Federal Law of December 8, 2020 N 407-FZ);
— the procedure for confirming the actions of a remote worker and an employer related to providing each other with information (when interacting in a form other than the exchange of electronic documents) (Clause 3 of Article 1 of Federal Law No. 407-FZ of December 8, 2020);
— a form of interaction between a remote worker and an employer (if such interaction is used), other than the exchange of electronic documents (Clause 3, Article 1 of Federal Law No. 407-FZ of December 8, 2020);
2) the procedure for providing an employee performing remote work on a permanent basis with annual paid leave and other types of leaves (clause 4 of Article 1 of Federal Law No. 407-FZ of December 8, 2020);
3) the procedure, terms and amounts of compensation for the use of equipment, software and hardware, information security tools and other means owned or leased by a remote worker, as well as reimbursement of expenses associated with their use. An important condition is that the employee uses them with the consent or knowledge of the employer and in his interests (Clause 6, Article 1 of Federal Law No. 407-FZ of December 8, 2020).
Employment contract on remote work - sample
In addition, the employment contract with a remote worker can stipulate:
— working hours (clause 4 of article 1 of Federal Law dated December 8, 2020 N 407-FZ);
- duration and (or) frequency of performing a labor function remotely - during temporary remote work (clause 4 of article 1 of the Federal Law of December 8, 2020 N 407-FZ);
- conditions and procedure for calling an employee to perform a labor function at a stationary workplace - during temporary remote work (clause 4 of article 1 of Federal Law of December 8, 2020 N 407-FZ);
— the conditions and procedure for a remote worker going to work on his own initiative (except for the cases provided for in Article 312.9 of the Labor Code of the Russian Federation) to perform his labor function at a stationary workplace - during temporary remote work (Clause 4 of Article 1 of the Federal Law of 08.12. 2020 N 407-FZ);
— additional responsibilities of the employer to ensure safe working conditions and labor protection in accordance with Art. 312.7 of the Labor Code of the Russian Federation (clause 6 of article 1 of the Federal Law of December 8, 2020 N 407-FZ).
A new type of employment - temporary remote work
So far, the Labor Code of the Russian Federation allows you to choose only one format for working interaction between the parties to the labor relationship: either presence at the workplace or remote work.
In the current conditions, many employees are forced to meet management halfway, by verbal agreement, alternating work in the office and at home. The risk is that it is problematic to stipulate such conditions in an employment contract, and absence from work is absenteeism. And judicial practice on temporary remote work has not been formed.
Therefore, the Ministry of Labor decided to develop amendments that will allow these options to be combined, and most likely, a part-time remote employment regime will appear in the Labor Code of the Russian Federation: it is planned to supplement it with the article “Temporary remote work”:
How to temporarily transfer an employee to remote work at the initiative of the employer
Temporary transfer of an employee to remote work without his consent is permitted if (clause 6 of Article 1 of Federal Law No. 407-FZ dated December 8, 2020):
- unforeseen circumstances have occurred, which are specified in Part 1 of Art. 312.9 of the Labor Code of the Russian Federation (for example, industrial accident, industrial accident, fire, flood, epidemic);
— a corresponding decision has been made by a state authority and (or) a local government body.
The transfer period cannot exceed the period during which the circumstance (incident) occurred due to which the employer made such a decision (Clause 6 of Article 1 of Federal Law No. 407-FZ of December 8, 2020).
It is not necessary to make changes to the employment contract with the employee in such situations (Clause 6, Article 1 of Federal Law No. 407-FZ dated December 8, 2020).
As part of such a transfer, the employer is obliged (clause 6 of article 1 of Federal Law dated December 8, 2020 N 407-FZ):
1) provide the employee with the equipment and tools necessary to perform the job function remotely, or pay compensation for the use of their own (rented) equipment and tools, and reimburse expenses associated with this;
2) reimburse the employee for other expenses associated with remote performance of work functions;
3) train the employee in the use of equipment, software and hardware, information security tools and other means recommended or provided by the employer (if necessary).
To carry out a temporary transfer, it is necessary to accept the LNA on such a transfer of employees to remote work, for example, you can issue an order. In this case, the opinion of the elected body of the primary trade union organization is taken into account (clause 6 of Article 1 of the Federal Law of December 8, 2020 N 407-FZ).
This LNA includes the provisions specified in Part 3 of Art. 312.9 Labor Code of the Russian Federation:
— the circumstance (case) that served as the basis for the employer’s decision to make a temporary transfer;
— list of employees to be transferred;
— term of transfer to remote work;
— the procedure for providing employees with equipment, software and hardware, information security tools and other means, the procedure for paying them compensation for the use of their own (rented) equipment, such funds and reimbursement of expenses associated with their use, as well as the procedure for reimbursing employees for other expenses associated performing work functions remotely;
— the procedure for organizing the work of employees temporarily transferred to remote work;
— other provisions related to the organization of labor of such workers.
Order on temporary transfer of employees to remote work - sample
Employees temporarily transferred to remote work should be familiarized with this act. This must be done in a way that will reliably confirm their receipt of the document (for example, against signature) (Clause 6, Article 1 of Federal Law No. 407-FZ of December 8, 2020).
At the end of the temporary transfer period, the employee is obliged to begin performing the previous work provided for by the employment contract (Clause 6, Article 1 of Federal Law dated December 8, 2020 N 407-FZ).
Temporary forced transfer to remote work by decision of the employer from 2021
The procedure for temporary transfer to remote work at the initiative of the employer (this is possible in exceptional cases) is regulated by the new art. 312.9 Labor Code of the Russian Federation.
This is possible in the following cases:
- natural or man-made disasters;
- industrial accidents;
- industrial accident;
- fire, flood, earthquake, epidemic or epizootic;
- any exceptional cases threatening the life or normal living conditions of the entire population or part of it.
The period of such transfer must be equal to the period of existence of the specified circumstances (cases).
But also a temporary transfer to remote work at the initiative of the employer is possible if the corresponding decision is made by a government body and/or a local government body. For example, as Moscow Mayor S. Sobyanin did in 2021, obliging employers to transfer at least 30% of their full-time employees to remote work.
The employee's consent to a temporary transfer to remote work is not required!
In this case, the employer must provide the employee with the necessary equipment to perform his or her job function remotely:
- equipment;
- software and hardware;
- information security means;
- by other means.
But there is a second option. Reimburse such an employee for 3 types of expenses :
- compensation for their use (own or rented);
- costs associated with their use;
- other expenses associated with performing work functions remotely.
If necessary, the employer must provide training on the use of equipment and software that it has recommended or provided.
The employer, taking into account the opinion of the elected body of the primary trade union organization, must adopt a local act on temporary transfer to remote work. It needs to reflect:
- circumstance/case (see above) that became the basis for the decision to temporarily transfer to remote work;
- list of temporarily transferred workers;
- transfer period (no longer than the period of existence of relevant circumstances);
- the procedure for providing, at the employer’s expense, the necessary equipment, software and hardware, information security tools and other means, the procedure for paying compensation for the employee’s use of their own or rented equipment, the procedure for reimbursement of expenses associated with their use, as well as the procedure for reimbursement of other expenses related to remote work ;
- the procedure for organizing the work of those temporarily transferred to remote work (including the working hours, including the definition of time periods during which there is interaction between the employee and the employer (within the working hours established by the internal labor regulations or the employment contract), the procedure and method of interaction (provided that they allow you to reliably determine the person who sent the message, data and other information), the procedure and timing for employees to submit reports on work performed);
- other provisions related to the organization of labor of those temporarily transferred to remote work.
The employee must be familiarized with the specified local act in a way that allows reliably confirming its receipt by the employee.
When temporarily transferring to remote work at the initiative of the employer, changes to the employment contract with the employee are not required.
At the end of the transfer period, the employer is obliged to provide the employee with the previous work provided for in the employment contract, and the employee is obliged to begin performing it.
It is important that during the period of temporary transfer the employee is subject to the guarantees provided for a remote worker (see above). Including:
- labor protection;
- provision at the expense of the employer with the necessary equipment, software and hardware, information security means and other means;
- payment of compensation for the employee’s use of their own or leased equipment and software;
- reimbursement to the employee of other expenses associated with remote work.
But it happens that:
- the specifics of working at a stationary workplace do not allow temporary transfer to remote work;
- the employer cannot provide the employee with the equipment, software and hardware, information security tools and other means necessary to perform his job function remotely.
Then the time during which the employee does not perform his job function is considered idle for reasons beyond the control of the employer and employee. It is paid as no less than 2/3 of the tariff rate (salary) in proportion to downtime (Part 2 of Article 157 of the Labor Code of the Russian Federation). Although a larger payment may be provided:
- collective agreements;
- agreements;
- local regulations of the employer.
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Organization of remote work
The employer is obliged to provide the remote worker with the equipment, software and hardware, information security means and other means necessary for him to perform his job function (Clause 6 of Article 1 of Federal Law No. 407-FZ of December 8, 2020).
A remote worker has the right, with the consent or knowledge of the employer and in his interests, to use his own (rented) specified equipment and facilities. In this case, the employer (clause 6 of article 1 of Federal Law dated December 8, 2020 N 407-FZ):
— pays compensation to the employee for the use of equipment and facilities;
— reimburses him for expenses associated with their use.
A remote worker can be sent on a business trip. We are talking about carrying out an official assignment in a locality (territory) different from the locality (territory) where the work function is performed. In this case, the employee is subject to Art. Art. 166 - 168 of the Labor Code of the Russian Federation (clause 6 of article 1 of the Federal Law of December 8, 2020 N 407-FZ).
Recording the working time of a remote worker (maintaining a time sheet) is carried out according to the general rules (Clause 1, Article 1 of the Federal Law of December 8, 2020 N 407-FZ).
Remuneration for a remote worker is made without any special features. Completing work remotely cannot be grounds for reducing his salary (clauses 1, 5, article 1 of Federal Law No. 407-FZ of December 8, 2020).
How to organize interaction with a remote worker
You can interact with a remote worker (clause 3 of article 1 of Federal Law dated December 8, 2020 N 407-FZ):
— by exchanging electronic documents;
— in another form that allows for recording the fact that the employee and (or) employer received documents in electronic form.
The procedure for interaction between employer and employee is established in a collective agreement, LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract (additional agreement to it). In order, including reflected (clause 3 of article 1 of the Federal Law of December 8, 2020 N 407-FZ):
— issues of interaction in connection with the performance of labor functions remotely, the transfer of work results and reports on work performed at the request of the employer;
- a form of interaction other than the exchange of electronic documents (if used).
When interacting by exchanging electronic documents, both the employee and the employer must confirm their receipt. Confirmation must be sent in the form of an electronic document within the period determined by the collective agreement, LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract (additional agreement to it) (clause 3 of article 1 of Federal Law dated 08.12.2020 N 407-FZ ).
When interacting in another form, it is also necessary to confirm actions related to the provision of information. The procedure is determined by the same documents (clause 3 of article 1 of the Federal Law of December 8, 2020 N 407-FZ).
In some cases, the employer should use an enhanced qualified electronic signature, and the employee should use a similar or enhanced unqualified electronic signature. They are necessary when concluding, amending or terminating electronically such documents (Clause 3 of Article 1 of Federal Law No. 407-FZ dated 08.12.2020):
— employment contract;
— additional agreements to it;
— agreements on financial liability;
— a student agreement to receive education without interruption or without interruption from work.
In other cases, interaction can be carried out by exchanging electronic documents using other types of electronic signature or in another form used by the employer. This also applies to cases (clause 3 of article 1 of Federal Law dated December 8, 2020 N 407-FZ):
— familiarization of the employee with documents that, according to the law, are drawn up on paper and (or) with which he is introduced in writing, in particular against signature (for example, directly related to the work activity of the LNA employee). Let us note that the employee can be familiarized with them in the usual way - in writing, including signature;
— a remote worker’s application to the employer, providing an explanation or other information, when this is the right or obligation of the employee in accordance with the Labor Code of the Russian Federation.
If a remote worker has submitted an application for the issuance of duly certified copies of work-related documents, the employer is obliged to send them to him no later than three working days from the date of filing the application.
Copies can be sent on paper by registered mail with notification or in the form of an electronic document, if this is indicated in the application (Article 62 of the Labor Code of the Russian Federation, paragraph 3 of Article 1 of the Federal Law of December 8, 2020 N 407-FZ).
How to draw up an additional agreement on transfer to remote work?
The form of an additional agreement to the employment contract does not have a formalized form. It is important to indicate the following points:
- details of the main employment contract to which changes are made;
- document date;
- the basis for introducing new working conditions can be taken from the preamble of the order, for example, in connection with the spread of coronavirus (COVID-19) in the Russian Federation and the details of the regulatory act of regional authorities;
- It is recommended to indicate the address where the employee will be located and work during the quarantine, as well as contact information: telephone numbers, e-mail;
- contact details of the employer and the employee’s immediate supervisor, through which interaction with the “remote” employee will be carried out;
- working hours for the quarantine period (it usually coincides with the organization’s work schedule, but if a part-time or weekly working day is established by agreement, these changes must be specified in an additional agreement);
- a method of interaction with the employer, according to which the employee must inform the manager about the start and end of work. This is necessary to record the actual time worked;
- the procedure for reporting on the progress of assignments;
- the period of transfer to home remote work, indicating specific dates or a fact conducive to its completion (for example, a special order);
- signatures of the parties.
Remote operation
It is advisable to establish the working hours for a remote worker in a collective agreement, LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, or an employment contract (additional agreement to it).
Unless these documents provide otherwise, the employee will establish a regime at his own discretion (Clause 4 of Article 1 of Federal Law No. 407-FZ of December 8, 2020). The listed documents for temporary remote work can also be determined:
— the duration and (or) frequency of the employee performing a labor function remotely (clause 4 of article 1 of the Federal Law of December 8, 2020 N 407-FZ);
— conditions and procedure for calling a remote worker to perform a labor function at a stationary workplace (clause 4 of article 1 of Federal Law dated December 8, 2020 N 407-FZ);
— conditions and procedure for a remote worker going to work on his own initiative (except for cases provided for in Article 312.9 of the Labor Code of the Russian Federation) to perform a labor function at a stationary workplace (Clause 4 of Article 1 of Federal Law of December 8, 2020 N 407-FZ) .
Working hours include the time of interaction between a remote worker and the employer (Clause 4, Article 1 of Federal Law No. 407-FZ of December 8, 2020).
The procedure for granting leave to a remote worker depends on the working conditions. If he performs it on a permanent basis, leave is granted in the manner determined by the collective agreement, LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract in accordance with the Labor Code of the Russian Federation and other acts containing labor law norms.
If remote work is performed temporarily, leave is granted in the manner prescribed by Chapter. 19 of the Labor Code of the Russian Federation (clause 4 of article 1 of the Federal Law of December 8, 2020 N 407-FZ).
Is an order necessary to switch to remote work due to COVID-19?
The employer must draw up an order instructing the employee to work remotely due to the coronavirus.
If there is no order, then the employee, not going to work and working remotely at home, risks being fired for absenteeism. Only documentary confirmation of the right to absence from work in connection with remote performance of duties in the form of an order allows the employee not to go to the workplace legally.
Before not going to work, the employee must personally see the order, which states that he has the right to work from home. You also need to make sure that the order states that wages will be maintained for this period of work, and also indicates the time frame for remote work. The employee must sign to indicate familiarization with the order.
If there is no order, then the person must go to work. If it doesn’t work out, then this is a violation of the Labor Code of the Russian Federation - absenteeism, which is considered a gross violation of labor discipline. For one absence, the employer already has legal grounds to fire the employee.
In this regard, we recommend that employers correctly register remote work of personnel without violating the provisions of labor legislation.
Below is an example of an administrative document that a manager needs to draw up if one or a group of workers is transferred to remote mode.
Sample application from a worker to switch to remote work due to coronavirus.
How to issue orders for remote workers?
The order is drawn up in free form. The basis for registration is the employee’s statement, which sets out a request to transfer to a remote work mode or agreement with the employer’s offer to work remotely.
The administrative document contains basic details - information about the organization, number and date of preparation, title, name.
The reason for issuing the order is indicated - the wording may be different:
- in connection with the threat of the spread of coronavirus and based on the employee’s application;
- in connection with the agreement reached with the employee;
- in order to prevent the spread of the COVID-19 virus, etc.
The following are the instructions of the head:
- Transfer the employee to remote work for a certain period of threat of the spread of coronavirus or the COVID-19 virus (name and position and time restrictions are indicated).
- Retain the employee's job responsibilities to the required extent.
- Maintain the employee’s wages and the procedure for their calculation in accordance with the applicable remuneration system; wages are calculated in proportion to the time worked in remote conditions. On remuneration for remote workers.
- Conclude an additional agreement to the employment contract (the order is given to the responsible person, for example, a personnel specialist).
- Provide remote access from home to a work computer (the order is given to a responsible person, for example, a system administrator, programmer).
The order is approved by the manager, the responsible persons and the worker himself become acquainted with it, in respect of whom he is preparing a transfer to remote work.
Example of design (sample can be downloaded below in doc):
If you need to transfer a group of employees
If a large group of workers is subject to transfer, then it is more convenient to issue one order for a mass transition to remote work.
The order is drawn up according to the same rules as set out above. It is imperative to provide a complete list of persons who will work remotely due to coronavirus (COVID-19). Everyone needs to enter into an additional agreement to the employment contract.
An introductory sheet must be attached to the order, which must be signed by each employee whose name is given in the text of the order.
Example of design: (sample can be downloaded below in word).
for 2021
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Labor protection for remote workers
The employer is obliged to provide safe working conditions and labor protection for remote workers during the period of their remote work only to the following extent (clause 6 of article 1 of Federal Law dated December 8, 2020 N 407-FZ):
— investigate and keep records in the prescribed manner of industrial accidents and occupational diseases (paragraph 17, part 2, article 212 of the Labor Code of the Russian Federation);
— carry out the instructions of officials of Rostrud, other federal executive bodies exercising state control (supervision) in the established field of activity, and consider the submissions of public control bodies within the time limits provided for by the Labor Code of the Russian Federation and other federal laws (paragraph 20, part 2, article 212 Labor Code of the Russian Federation);
— provide compulsory social insurance against industrial accidents and occupational diseases (paragraph 21, part 2, article 212 of the Labor Code of the Russian Federation);
— familiarize workers with labor safety requirements when working with equipment and tools recommended or provided by the employer.
The employer is not required to comply with other obligations to ensure safe working conditions and labor protection, unless otherwise provided by the collective agreement, LNA, adopted taking into account the opinion of the elected body of the primary trade union organization, or the employment contract (additional agreement to it).
How to fire a remote worker
A remote worker can be dismissed only on the grounds specified by the Labor Code of the Russian Federation (Clause 6, Article 1 of Federal Law No. 407-FZ of December 8, 2020).
Among other things, Art. 312.8 of the Labor Code of the Russian Federation provides for two special grounds for terminating an employment contract with a remote worker:
1) during the performance of a job function, the employee, without good reason, does not interact with the employer on issues related to its performance for more than two working days in a row from the date of receipt of the employer’s corresponding request. An exception is that the procedure for interaction between employer and employee establishes a longer period of interaction. On this basis, the employer, on his own initiative, has the right to dismiss an employee performing remote work both on a permanent basis and temporarily (Clause 6, Article 1 of Federal Law No. 407-FZ of December 8, 2020);
2) the employee has changed the location of his work function and this makes it impossible for him to fulfill his duties under the employment contract on the same terms. On this basis, it is possible to terminate an employment contract with an employee performing remote work on a permanent basis (Clause 6, Article 1 of Federal Law No. 407-FZ of December 8, 2020).
If the employee is familiar with the order (instruction) to terminate the employment contract in electronic form, he must be sent a copy of it on paper. It should be properly executed and sent by registered mail with acknowledgment. The employer is obliged to do this within three working days from the date of issuance of the order (instruction) (Clause 6 of Article 1 of Federal Law No. 407-FZ of December 8, 2020).
What is remote (remote) work: main features
The concepts of remote and remote work are synonymous and in the labor code are equivalent in content, that is, both terms are used.
In accordance with Article 312.1 of the Labor Code of the Russian Federation, work is recognized as remote work if the following conditions are simultaneously met:
- labor functions are performed by the employee outside the location of the employer, outside a stationary workplace
, territory or facility directly or indirectly under the control of the employer;
- To perform the labor function and to carry out interaction between the employer and the employee, information and telecommunication networks are used,
including the Internet, and public communication networks.
