How to conclude an additional agreement for remote work

Reasons for remote transfer

The Labor Code does not indicate when it may be necessary to transfer an employee to remote work; this issue remains at the discretion of the employer. The relocation is formalized if an employment contract was not initially concluded for the remote nature of the work, but a need arises for it, or the parties reach an agreement on the possibility of a specialist performing labor functions outside the location of the organization.

A temporary transfer, in accordance with the amendments made to the Labor Code of the Russian Federation FZ-407 and coming into force on January 1, 2021, is possible in the event of force majeure circumstances for the duration of their effect. When moving to remote mode on the initiative of the employee or by agreement of the parties, an additional agreement is signed; temporary movement is carried out without the consent of the employee.

ConsultantPlus experts discussed how to transfer an employee to another position. Use these instructions for free.

In remote work, interaction between employee and employer occurs through telecommunication networks. Remote document flow is organized according to the rules specified in the employer’s local regulations. Issues of working hours, interaction, employee communication, control over the performance of work duties are determined in the employer’s local regulations. The Labor Code of the Russian Federation from 01.01.2021, in accordance with current amendments, allows the parties to regulate these conditions in internal regulations, rules, etc.

How to correctly arrange the transfer of employees to remote work in accordance with the Labor Code of the Russian Federation

Remote work of personnel is regulated by Ch. 49.1. Labor Code of the Russian Federation “Features of regulation of labor of remote workers.”

In order to transfer your team to remote mode, you will need:

• minutes of the general meeting of the labor collective
• order to transfer employees to remote work
• statements from employees about switching to remote work
• additional agreements to the main employment contract

You should start by holding a general meeting of employees, at which you will notify the team about the new work procedure. Based on its results, a protocol on the general meeting of the labor collective is prepared.

Then an order is prepared for the organization to transfer employees to remote work. It is important to indicate in the order for what period, why and why employees are transferred to remote work, and what measures the employer is taking to protect its employees in connection with the current situation. At the Academy, we have set the validity period of the remote mode - 1 month, until the threat of the spread of the virus passes.

All employees must write statements about switching to remote work. The application indicates from what date the employee plans to start working remotely and his position. You can use a sample like this:

Who can be transferred to remote work

However, the specialist whose work function is not directly related to being on the employer’s premises is transferred to the remote process. For example, HR officers, lawyers, secretaries—those employees whose functions are related to document processing—will be able to work remotely. It will not be possible to transfer cleaners, watchmen, workers, etc. to remote work.

About the additional agreement when transferring to remote work

The final step in preparing personnel documentation is the development and signing of additional agreements to the main employment contract with employees.

Reason for changes in the terms of the employment contract

Do not forget to indicate in it the reason for changing the terms of the employment contract. In the current circumstances, there is a threat of the spread of a dangerous viral infection in Russia and the desire to protect the health of workers.

Place of work

The additional agreement reflects the change in the employee’s place of work - outside the location of the employer, its separate structural unit. That is, outside a stationary workplace, directly or indirectly under the control of the employer.

Operating mode

The working hours will depend on the terms of the main employment contract and the decision of the organization’s management. For example, at the Academy we left the standard 8-hour working day. But a flexible schedule can also be developed, within the framework of the Methodological Recommendations of the Ministry of Labor of Russia, and individual work schedules for employees, if there is such a need.

Occupational Safety and Health

Since we are talking about remote work, it should be noted in the additional agreement that the employer fulfills his obligations to ensure safe conditions and labor protection only in terms of clauses 17, 20 and 21 of Part 2 of Art. 212 of the Labor Code of the Russian Federation, as well as familiarizing the employee with labor protection requirements when working with equipment and tools recommended or provided by the employer.

Material values

If during the period of remote work the employee was given any material assets, for example, a laptop, they are also reflected in the additional agreement. Additionally, an act of acceptance and transfer of material assets must be drawn up in 2 copies. If your organization does not have a specially approved form of the act, take any sample, for example, this one:

Means of communication

The additional agreement specifies the means of communication with the employee, exchange of information and documentation, for example, email, Skype, etc. If your organization has special requirements regarding information security, write this down as well. Indicate how the employee will provide documents in paper form if this is unavoidable.

Control

A separate clause in the additional agreement may be the procedure for monitoring an employee at a remote workplace. For example, his responsibility is to answer calls or messages within certain deadlines, send reports, be in touch at specific hours, go to general video conferences and work chats on time, etc.

When you prepare all the specified documents, 90% of the necessary work will be completed. Then all that remains is support and control of employees while they work remotely.

Transfer procedure

We prepare the translation

To transfer an employee to remote work, conduct an audit of the technical capabilities of the organization and the specialist himself. It is necessary to ensure that production facilities are available at the potential workplace or to provide additional resources. Make lists of those you plan to transfer to remote work. Decide on the organization of the process: work and rest schedules, interaction patterns, methods of control, develop and adopt a local regulatory act.

In accordance with the Labor Code of the Russian Federation, the main stages are defined for how to transfer an employee to remote work:

• drawing up a statement or consent (exception - temporary transfer);
• signing of an additional agreement;
• publication of an order for the enterprise.

An application for switching to a remote mode is drawn up in free form, the employee expresses a desire to work remotely, indicates the reasons, the date from which he wants to switch to the new mode, the parties agree on the conditions, and the manager endorses the application. Temporary transfer is carried out on the basis of an order from a government agency, the publication of a law or decree, or an order on the occurrence of an emergency situation.

The main significance when moving an employee with whom an employment contract has already been concluded to remote mode is the additional agreement. It defines a new procedure for interaction for the parties, rules for document management, or makes reference to a local regulatory act and the fact that the worker has become familiar with it.

Here is an example of an additional agreement for remote work (blank form):

Limited Liability Company "_____", hereinafter referred to as the "Employer", represented by General Director _______, acting on the basis of the Charter, on the one hand, and ____________, hereinafter referred to as the "Employee", on the other hand, have entered into this additional agreement to the employment agreement dated _________ No.__ on the following:

1.1. Add to section “1. Subject of the agreement" of the employment contract, clause 1.3 as follows:

"1.3. The work performed by the Employee under this employment contract is remote, that is, the Employee performs duties outside the location of the Employer, its branch, representative office, outside a stationary workplace, territory or facility under the control of the Employer, provided that it is used to perform this job function and for interaction between the Employer and the Employee of public information and telecommunication networks, including the Internet.”

1.2. Amend clause 1.4 of the Employment Agreement as follows:

"1.4. The employee performs the duties assigned to him by the employment contract in accordance with the Rules set out in the Regulations on Remote Work, which he is familiarized with separately. The place of work is determined by him at his own discretion.”

1.3. In paragraph “6.2. Responsibilities of the employer" of the employment contract, add points:

"6.2.9. Every month, no later than the 15th, reimburse the Employee for expenses incurred for the Internet and mobile communications, based on the supporting documents submitted by the Employee.”

1.4. Amend clause 4.1 of the employment contract as follows:

"4.1. The Employee’s working hours and rest hours are established in accordance with the internal labor regulations _____________. By agreement with the manager, the Employee has the right to change the working hours, subject to mandatory compliance with the actual working time of 40 (forty) hours per week.”

2. Other terms of the employment contract not specified in this additional agreement remain unchanged.

3. This additional agreement comes into force on _________.

4. This additional agreement is an integral part of the employment contract, drawn up in two copies having equal legal force. One copy is kept by the Employer, the second by the Employee.

We draw up an additional agreement

The second step after signing the consent is the need to draw up an additional agreement on transferring the employee to remote work; this is regulated by Art. 72 TK. The basis for its conclusion will be the employee’s statement, proposal or initiative of the employer. It is recommended to provide important nuances:

1. Workplace. It is difficult to define it precisely within the meaning of the law - “outside the location of the employer.” It is advisable to think about whether this specialist is needed in the office, on what days, and document this. It is allowed to both indicate the place of work of a remote worker in the employment contract in the form of an indication of the locality, and leave it at the discretion of the employee (from any location). But in accordance with changes to the Labor Code of the Russian Federation, the employer reimburses the employee for all expenses associated with performing duties remotely. And he gets the right to fire a specialist if he moves to an area where there are no conditions for remote work.
2. The employee sets his own working hours. If the employer has any requirements, for example, to be on call from 9:00 to 17:00, these should also be stated in the agreement. It makes sense to indicate the length of the working week and weekends.
3. Mechanisms of interaction and methods of control.
4. Use of employee resources and payment of compensation.

The more detailed you are about the conditions for working remotely, the less likely you are to encounter misunderstandings, negligence or abuse on the part of both the employer and the employee.

We issue an order

The decision is formalized by an administrative act. The order is issued after an additional agreement on remote work with the employee is signed. There is no approved form; the document is drawn up in free form. It is allowed to use the T-5 form or use a self-developed form. The order is issued on company letterhead, or the details (name, TIN) are a separate part of the form.

The order reflects the fact of moving remotely, the start date of the regime, the employee’s data (last name, first name, patronymic, position, department, structural unit), indicates a link to the additional agreement, the basis - the employee’s statement or the employer’s initiative. The employer is prohibited from changing the salary when switching to remote work, if the scope of responsibilities remains the same. The employee is presented with the order against signature.

How to transfer to remote form

The algorithm for transferring employees in connection with the agreement reached between the parties to a remote format is as follows:

1. Determine the personnel composition of employees to be transferred.
2. Develop a local administrative act on the remote format of work, indicating the reasons and timing of activities in a similar format.
3. Receive an employee application for transfer to remote access.
4. Draw up an additional transfer agreement with each employee, indicating the means of communication, the value of the material format, and the requirements for organizing the protection of personal data.
5. Pay for remote work in full.

Currently, employers practice combining remote and office work by employees, motivating the combination with high productivity.

The transition to a mixed format is accompanied by a change in the terms of the concluded employment agreement. When registering, they act in accordance with Art. 72 of the Labor Code of the Russian Federation and sign a written agreement with the employee. The document reflects:

1. Days when an employee works in and outside the office.
2. Region, city where the functionality is performed.
3. Work schedule and time for rest.
4. Provision by the employer of equipment and software to perform duties. If they do not provide it, the amount of compensation for the use of the employee’s own gadgets.
5. The employee is obligated to comply with safety regulations.
6. Procedure for termination of the agreement and return to office activities.

The algorithm for switching to remote work at the initiative of the employer is as follows:

1. Determine the occurrence of special circumstances in accordance with Art. 312.9 Labor Code of the Russian Federation.
2. Do not obtain employee consent.
3. Provide the required technical means to perform duties (if not possible, compensate the employee’s own expenses).
4. Develop a local act of transfer, providing in it a mention of the reasons for the transfer, the list of people being transferred, a period that corresponds to the duration of special circumstances, an algorithm for providing technical means or compensation for the use of one’s own, a mode, an algorithm for interaction with an employee).
5. Adopt the act with the consent of the trade union.
6. Inform employees of the order.