Article 310 of the Labor Code of the Russian Federation. Homeworkers (current edition)

Homeworker: the concept of home work

Recently, homeworkers have been in fairly wide demand, since they are more than beneficial for the employer and for the homeworker himself it is more than convenient.

Let's figure out who a homeworker is?

The procedure for carrying out the labor activities of homeworkers is regulated by Chapter 49 of the Labor Code of the Russian Federation.

In accordance with Art. 310 of the Labor Code of the Russian Federation homeworkers are persons who have entered into an employment contract to perform work at home using materials and using tools and mechanisms received from the employer or purchased at their own expense.

Today, the involvement of homeworkers is the most relevant, especially in the field of human intellectual activity. For example, translators, designers, accountants, programmers, etc.

It is necessary to mention the trend of development of homeworking occurs not only in Russia, but throughout the world as a whole. This method of activity is even regulated at the international level.

In particular, on June 20, 1996, at the General Conference of the International Labor Organization in Geneva, Convention No. 177 “On Wage Labor” was adopted.

According to Article 1 of this Convention, home work is the performance of work by a home worker:

• not at the employer’s location, this may be his place of residence or another location of the homeworker,
• for a certain reward,
• for the purpose of producing goods and services, according to the instructions of the employer.

The homeworker carries out his work at home, which can also involve members of his family. In this case, no legal relations arise with family members and the employer.

When using home work, the employer can organize conditions for the production of goods at the employee’s home. For example, provision of equipment, machinery, materials, etc.

If the employee uses his own equipment and purchases material at his own expense, then the employer is obliged to cover all the expenses of the homeworker, as well as compensate for the wear and tear of labor tools. As a rule, the procedure for compensation and payments is established by the employment contract.

Home working conditions

In order to conclude an employment contract with a homeworker, the employer must adhere to certain criteria for organizing work in terms of worker safety, as well as taking into account the employee’s health status.

The employee’s labor function must comply with the recommendations of a medical and social examination and the medical conclusion of a medical commission.

A homeworker has every right to refuse to perform work that is contraindicated for him due to health reasons. Thus, in order to determine contraindications for performing specific types of work, homeworkers must undergo periodic medical examinations.

The work assigned to disabled people must comply with the individual rehabilitation program for the disabled person.

The employer is obliged to provide safe working conditions in accordance with labor protection requirements, that is, the use of personal protective equipment for the employee, compliance with the work and rest regime, etc.

In addition, the employer is obliged to monitor the state of working conditions and workplaces, which means he has the right to visit the homeworker’s place of residence for the purpose of conducting checks on the correct use of protective equipment by employees, technological processes and other working conditions.

The home worker has no right to interfere with the inspection of his home, which is carried out in order to monitor compliance with fire safety requirements.

After concluding an employment contract, before starting work with a homeworker, it is mandatory to conduct initial training on labor protection. The employer is required to conduct such briefings at least once every six months.

The working conditions of homeworkers should establish such requirements for work that do not create inconvenience for living neighbors. That is, the work should not be with increased levels of noise, vibration, or pollution.

Sample employment contract for working from home

An advantage for the employer is the absence of large costs for renting premises, for equipping a workplace (purchase of consumables, furniture, computers, software, payment of utility bills, certification of workplaces, etc.).

The fact of the labor relationship with the homeworker must be documented on paper, namely, an employment contract must be concluded. Such an agreement has a number of features that relate to additional labor conditions.

Otherwise, this agreement is no different from the one signed by all other employees.

Additional conditions in the contract with a home worker In the legislation, you can find a provision that in the contract with a person working at home, it is necessary to more fully indicate the conditions and nature of the work, as well as determine the features of this type of work activity.

The right to use vacation for the first year of work arises for the Employee after six months of his continuous work with this Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of six months.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of provision of annual paid leave established by the given Employer.

The Employee must be notified by signature of the start time of the vacation no later than two weeks before its start. 4.5.

Labor Code of the Russian Federation, other federal laws and collective agreement (if any) forms; — conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement (if any), agreements;

— protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law; — resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws; — compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws; — compulsory social insurance in cases provided for by federal laws. 6.

Attention

Wages are paid to the Employee at least every half month (on the 20th of the current month - for the first half of the month and on the 5th of the month following the worked month - the final payment for the month worked). If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

Payment for vacation is made no later than three days before it starts. 6.5. Wages are paid to the Employee at the Employer's location by issuing cash at the Employer's cash desk or by transferring to the Employee's bank account.

6.6. The Employer transfers taxes from the Employee’s salary in the amounts and manner provided for by the current legislation of the Russian Federation. 7. RESPONSIBILITY OF THE PARTIES 7.1.

Labor Code of the Russian Federation; — conscientiously fulfill their labor duties, orders and instructions of the Employer. The list of specific job responsibilities of the Employee is determined by the job description, which the Employee reads upon signature. 9.

LLC "Ryazan-Product", hereinafter referred to as the Employer, represented by Director Ivanov Petr Vasilyevich, acting on the basis of the Charter, on the one hand, and citizen Sidorova Ekaterina Petrovna, hereinafter referred to as the Employee, on the other hand, have entered into this Agreement as follows: 1. Employee hired for the position of telephone operator. 2.

The work under this contract is the main one for the employee. 3. The Employee’s workplace is located in residential premises owned by him by right of ownership, located at the address:

5. The employment contract is concluded for an indefinite period. 6. The duration of the employment test is set at 1 (one) month. 7.

Changes and additions to the terms of this employment contract can be made by agreement of the Parties when changing the legislation of the Russian Federation, the collective agreement, local regulations of the Employer, as well as in other cases provided for by the Labor Code of the Russian Federation. 8.2. This employment contract can be terminated only on the grounds provided for by the Labor Code of the Russian Federation and other federal laws. 8.2.1.

Guarantees and compensation related to termination of an employment contract are provided to the Employee in accordance with the norms of the Labor Code of the Russian Federation and other federal laws. 9. FINAL PROVISIONS 9.1. Disputes between the parties arising during the execution of the terms of this agreement shall be settled through direct negotiations between the Employee and the Employer.

9.1.1.

The Employer enjoys all the rights provided for by the current labor legislation of Russia, including the right to: - entrust the Employee to perform any work within the limits of his profession, specialty, qualifications; — establish a production plan for the Employee to complete work within a certain period of time;

— demand from the Employee to improve his professional level and qualifications; — terminate the Agreement in the manner and on the grounds established by the Labor Code of the Russian Federation, including for systematic failure to fulfill the established production plan; — encourage the Employee for conscientious, effective work;

In cases provided for by law, the Employer is obliged to provide the Employee with leave without pay. 5. NATURE OF WORK 5.1. The employee performs his work function at home. 5.2. The employee independently provides himself with a computer, telephone connection and Internet access. 6.

TERMS OF PAYMENT 6.1. The Employee’s salary in accordance with the Employer’s current remuneration system consists of the official salary. 6.2. For performing a job function, the Employee is given a salary of 35,000 (thirty-five thousand) rubles per month. 6.3. An employee may be paid a bonus in the amount of up to 50% of the salary, subject to the conditions and procedure established by the Regulations on Remuneration (approved by Order dated January 13, 2010 No. 2). 6.4.

Work assigned to homeworkers must be performed under conditions that meet labor safety requirements.

Homeworkers can perform the required work only if they have the necessary housing conditions for this. In addition, the production of certain types of products may create inconvenience for the neighbors of the homeworker. For some work, you will need to obtain permission from the fire and sanitary inspectorate.

The employer’s responsibilities also include familiarizing homeworkers with local company documents regulating the process of labor protection, as well as training workers in safe working methods, including conducting briefings and certification of the homeworker’s workplace (Order of the Ministry of Health No. 342n).

Responsibilities of a home worker

In addition to all the above labor safety conditions, which are mandatory for employers, there are also certain obligations for homeworkers themselves, such responsibilities include:

• comply with labor protection requirements;
• correctly use personal and collective protective equipment;
• undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, instruction in labor protection, on-the-job training, testing of knowledge of labor protection requirements;
• immediately notify your immediate or superior manager of any situation that threatens the life and health of people;
• undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) at the direction of the employer.

Homeworker: time tracking

The work of a homeworker is regulated by labor legislation, but it is not always possible to apply the general rules of labor legislation to such categories of workers.

Homeworkers independently determine their working hours, and therefore the employer does not have the opportunity to control compliance with the homeworker’s work schedule.

Submission of the homeworker to the internal labor regulations of the organization is one of the signs of labor relations between the employer and the homeworker.

For this purpose, when concluding an employment contract, the parties must agree that the internal labor regulations apply to the homeworker to the extent that does not contradict the essence of the employment contract concluded with him.

Terms of payment

5.1. The Employee is set a salary in the amount of [amount in figures and words] rubles./A piece-rate wage system is established for the Employee. Salary is calculated based on [specify calculation method].

5.2. Additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law norms.

5.3. Wages are paid to the Employee [indicate specific dates of the calendar month]./ Wages are paid to the Employee at least every half month on the day established by the internal labor regulations.

5.4. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.

back to contents

Drawing up an employment contract with a home worker

An employment contract with a homeworker is drawn up according to the general rules for concluding a contract with an employee.

It is drawn up in writing, in two copies and signed by the parties.

An employment contract with a homeworker must comply with the requirements of Art. 57 of the Labor Code of the Russian Federation, it must specify the following conditions for working from home:

• nature of work (home work);
• workplace (the address indicated by the homeworker at which he will perform his work duties);
• additional grounds for termination of an employment contract (Article 312 of the Labor Code of the Russian Federation).

An employment contract with a homeworker has some features that must be specified.

The contract should more fully reflect additional conditions that define the mutual rights and obligations of the parties.

The following additional conditions should be specified in the employment contract with a homeworker:

• compliance of the homeworker’s living conditions for performing a specific type of work;
• providing the homeworker with the tools or equipment necessary to create the final product, their replacement, repair;
• the procedure for payment and the amount of compensation for wear and tear (depreciation) in the case of a homeworker using his own equipment, tools and mechanisms;
• the procedure and timing for providing the homeworker with raw materials, semi-finished products and consumables;
• reimbursement of the cost of raw materials if the homeworker uses his own materials;
• reimbursement of other expenses associated with performing work from home (cost of electricity, water, telephone communications, Internet, etc.);
• payment procedure for manufactured products;
• organizing the employee’s receipt of tasks and documenting the final result of his work;
• organizing communication between the employer (the homeworker’s immediate supervisor) and the homeworker (for example, via email, telephone);
• organizing delivery of finished products to the employer;
• ensuring confidentiality of work results;
• other conditions.

Home and teleworkers

Homeworkers are understood as workers with whom they enter into an employment contract to perform work at home, using materials and tools from the employer, or purchased by the homeworker independently (Article 310 of the Labor Code of the Russian Federation).

Several years ago, a new concept appeared in labor legislation - remote worker. Remote workers are understood as workers who perform their work duties outside a specific workplace, being under the direct or indirect control of the employer, and their work activities take place using the Internet (Article 312.1 of the Labor Code of the Russian Federation).

These two concepts have virtually no differences between themselves; homeworkers can also use the Internet in their work. The division is carried out depending on the final result of labor, for example, homeworkers create some kind of material result (sewing products, parts, etc.). The result of remote work does not have a material result (programmer, designer, etc.).

Thus, the work performed by home workers includes:

• Sewing garments;
• Repair, cleaning, washing and sewing of workwear;
• Providing information online or by telephone;
• Manufacturing of consumer goods.

Important! The main difference between a home worker and a remote worker is the end result of their work. The work of a homeworker is aimed at obtaining a material result, but the work of a remote worker is not aimed at obtaining a material result.

Like any other employee, a homeworker has the right to annual paid leave (28 days), maternity or sickness benefits, etc. (

Preferential right to employment

The law also establishes a provision for preferential hiring of workers from home.

That is, hiring such categories of workers as are specified in the Labor Code of the Russian Federation.

For example, with equal qualifications of applicants, the following have a preferential right to employment:

• women whose children have not reached the age of 15;
• disabled people and pensioners (regardless of the type of pension assigned); persons who have reached retirement age but do not receive a pension; persons with reduced ability to work, who are recommended to work at home in accordance with the established procedure; persons who care for disabled people or long-term ill family members who need care for health reasons;
• persons employed in jobs with a seasonal nature of production (during the off-season period), as well as students studying in full-time educational institutions;
• persons who, for objective reasons, cannot be employed directly in production in a given area (for example, in areas and localities with free labor resources).

Where and when is it issued?

The employer should remember that hiring a homeworker should be in accordance with Chapter 10 of the Labor Code. Employment is formalized by an appropriate order or decree. The absence of this document is a serious violation. The signing of the contract can take place either at the employer’s office or at the employee’s home. An employment contract for a home worker, preparation of documentation and a sample of a standard document for review is the task of a personnel employee.

Any citizen can become a homeworker, but preferential categories of citizens have a preferential right to such working conditions:

• disabled people and people of retirement age;
• mothers on maternity leave and leave to care for minor children;
• employees who have dependent seriously ill relatives who require constant care.

The employer can terminate such an agreement only on the grounds provided for in the agreement.