Application for remote (remote) work (remote work): sample 2021

How to apply for a transfer to remote work

Many employers would transfer their employees to remote work, but do not always understand how to formalize and implement this technically. For example, many have not even heard about the ability to connect from home to a work computer using programs like TeamViewer.

What also complicates the situation is that current labor law standards do not yet allow clear conclusions to be drawn regarding the legitimate procedure for transferring to remote work. The Labor Code contains norms regulating certain issues of labor relations in the event of emergency circumstances that interfere with normal work. But there is no indication of the possibility of combining work under the main contract with remote work.

In addition, no category of workers has priority for transfer to remote work - neither pregnant women, nor those with many children, nor single parents. Everyone turned out to be equal before the coronavirus.

How to formalize the transition to remote work is not yet regulated . We suggest formatting it as follows:

Prepare an order that the employer allows employees to work from home.
Prepare and sign additional agreements with employees on the transition to remote work.

In addition The agreement must specify all the key points of the work. Please remember that all telecommuters must perform their job duties. Also, when working remotely, internal labor regulations continue to apply, according to which (unless otherwise established by the employment contract) the working day begins at a certain time (for example, 9:00) and ends at a certain time (for example, at 18:00).

How to register for remote work?

The employer's algorithm for transferring an employee to remote work will be as follows:

offering the employee a transfer to remote work;
conclusion of an additional agreement to the employment contract;
issuing a transfer order;
recording working hours in the accounting sheet.

In order for the transfer to be completed legally, after the parties have signed the additional agreement, the employer must issue a transfer order containing the following information:

name of the employing organization;
date and document number;
justification (for example, decree of the mayor of Moscow No. 12-UM dated 03/05/2020, Federal Law “On the sanitary and epidemiological welfare of the population”, employee statement, additional agreement);
the period during which the employee will perform his duties remotely.

Important! Each employee transferred to remote work must personally familiarize himself with the order, confirming the fact of familiarization with a personal signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

What do we put on the report card?

From March 30, 2021, a transfer can be completed electronically , and documents can be signed on paper later – after restrictions are lifted. This is enshrined in Art. 72 of the Labor Code of the Russian Federation, and also explained in the letter of the Ministry of Labor dated March 27, 2020 No. 14-4/10/P-2741 and in the clarifications of the Ministry of Labor posted on the website https://rosmintrud.ru.

Keep timesheets for employees transferred to remote work as usual . That is, days when the employee works remotely (at home, etc.), o or code “ 01 ”. If you use your own designations, then use them.

How can an employee go remote?

Write an application to the employer requesting a transfer;
sign an additional agreement to the employment contract;
review the transfer order;
start working from home.

The application should be drawn up in two copies, one of which should be given to the employer, with a receipt stamp on it.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-29-87

Application for transfer to remote work

There is no official application form for transfer to remote work. Workers write it arbitrarily. In addition, the Labor Code of the Russian Federation does not oblige you to write such a statement. However, this document will help to understand who is ready and agrees to work remotely and who is not. Yes, there will be workers who want to work in the office, because various everyday problems await them at home.

From our website you can then download 2021 application forms for remote (remote) work for free:

STATEMENT ABOUT THE TRANSITION TO REMOTE WORK

If the employee wrote such a statement and thereby agreed to switch to remote work, then you do not reduce his salary. no need to make an entry in the work book .

For remote workers, the volume of work and schedule do not change. In addition, a remote workplace is not considered the opening of a separate division, so there is no need . This is clearly stated in the letter of the Ministry of Finance dated December 1, 2014 No. 03-04-06/61300.

Contributions to the Pension Fund and personal income tax from payments to an employee working remotely are paid as usual .

After the employee submits an application for remote work, prepare a corresponding additional agreement to the employment contract.

ADDITIONAL AGREEMENT ON TRANSITION (TRANSFER) TO REMOTE WORK

Do I need to write an application for remote work due to coronavirus?

Using a statement, an employee can contact management with any request. This may also be the desire to work from home in difficult epidemiological conditions of the spread of coronavirus.

In connection with the COVID-19 virus, Putin declared non-working days until April 30, 2021, with a possible extension of this period depending on the circumstances. Many organizations had to suspend activities and close. Employers can save employment and work flow by transferring staff to remote mode; this is the method of organizing the work process that the Ministry of Labor recommends.

If the director does not propose to switch to remote work, then the employee has the right to express his desire to work remotely from home during the coronavirus threat.

It is recommended that you put your request in writing using a statement. The issue of transfer is resolved by agreement; there are no norms in labor legislation obliging the parties to unilaterally switch to remote work.

By writing an application and submitting it to the employer, the employee can expect that his request will be considered by the employer. For safety reasons, it is reasonable for the director to arrange working conditions for the applicant to work from home - if this is possible for the employee's position.

Thus, if a person understands that he can work with equal efficiency from home, and the employer does not offer to switch to remote mode, then it is recommended to independently make such a proposal in the form of an application. A writing sample is provided below for free download.

When is an employee’s consent required to work remotely?

An employee writes consent to remote work when he receives a written offer of transfer from his superiors. If the manager sends the notification in writing, then the employee also needs to prepare his consent on paper.

In the text, he has the right to agree with the offer of remote work or refuse, justifying his point of view.

In fact, the employee’s consent is not a mandatory document. The parties can verbally agree on the organization of a remote work regime, and then sign a bilateral additional agreement on a new workplace and changed working conditions.

Orders from the manager and additional the agreement will be sufficient to transfer a person remotely.

If the employer requires you to write a response to the proposal to switch to a remote work mode, then the employee should do so. The document is not complicated, it can be written in 5 minutes, we suggest downloading a sample design below.

How to apply for transfer to remote mode?

If an employee wants to work remotely from home for safety reasons during the coronavirus epidemic, then they should write a statement with the following content:

At the top, indicate the full name and position of the manager, the name of the organization;
write your name and position;
center the title and title of the document;
make a request to transfer to remote work in connection with the spread of coronavirus and the looming threat of infection, while indicating the fact that all duties are retained in accordance with the job description and wages are maintained at the same level (subject to the same amount of work being performed);
desired terms of remote work, it is possible to indicate a general phrase - until the regime of daily activities in Russia (normalization of the epidemiological situation in the country);
signature and date of preparation.

If an employee writes consent to a transfer in response to a notification received from management, then the text should indicate his decision - consent or refusal to work remotely.

The completed document is signed personally and handed over to management. When deciding to work remotely, it is not enough to discuss it in words. The employee needs to personally verify that he has really been transferred, and this is enshrined in the documents in accordance with the Labor Code of the Russian Federation.

The employee must see an order on remote work indicating the deadlines and an additional agreement to the employment contract.

An example of an application for transfer to remote work due to coronavirus -.

Sample consent for remote operation during the epidemic - .

Results

With the introduction of a high-alert regime in many regions of the Russian Federation, many employers are transferring their employees to remote work. The transition to remote work does not oblige the employee to write a separate statement about this. But it may be useful to ask about this to understand the team’s readiness for the transition.

There are no officially established application forms for remote work (sample) and additional agreement on remote work. When preparing them, one should proceed from business and personnel practices.

Why is an application necessary?

A transfer in accordance with the norms of Chapter 12 of the Labor Code of the Russian Federation is a change in working conditions. Based on Art. 72 of the Labor Code of the Russian Federation, it is allowed only with mutual consent of the parties. Remote activities are regulated by Chapter 49.1 of the Labor Code of the Russian Federation, and it involves the interaction of parties to labor relations without personal contact, through digital technologies. Since the transition to a remote work mode is most often associated with a change in conditions, no matter what circumstances it is caused by, it is necessary to obtain evidence of the employee’s consent as the second party to the changes in conditions or to comply with the condition regarding the period of warning to employees about changes in the working conditions. Failure to comply with the conditions for a two-month warning period for employees will result in the imposition of a fine under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Labor legislation does not prohibit an employee from contacting the employer with a request to change the work schedule, and the parties have the right to reach an agreement on remote work. Even a temporary transfer to remote work should be completed correctly: obtain an application from the employee, issue an order, and enter into an additional agreement.

What conditions must be specified when changing an employment contract?

The following conditions must be specified in the employment contract or remote work agreement:

an indication of the remote nature of the work performed by the employee;
place of remote work, which may mean the employee’s place of residence or location (letter of the Ministry of Finance dated 01.08.2013 No. 03-03-06/1/30978);
the procedure and terms for providing the employee with the equipment, software and hardware necessary for the performance of his duties under the employment contract for remote work;
the procedure and timing for remote workers to submit reports on work performed;
the amount, procedure and timing of payment of compensation for the use by remote workers of equipment, software and information security tools;
procedure for reimbursement of other expenses associated with remote work (for example, Internet payments).

Also, in the additional agreement to the employment contract, you can indicate the reasons why changes are made to it and the employee is transferred to remote work (in this situation, this will be the prevention and prevention of coronavirus infection).

Next, the agreement is signed by the employee and the employer, and the employee is transferred to remote work from the moment specified in the agreement.

Procedure and rules for transferring to remote work due to coronavirus

Chapter 49.1 of the Labor Code of the Russian Federation defines the concept and features of remote work. According to Article 312.1 of the Labor Code of the Russian Federation, it is recognized that an employee works remotely if he performs job duties outside the permanent location of the employer’s organization, for example, at home. Communication with the organization is carried out via the Internet, telephone and other remote communication channels.

The conditions for remote work must be stipulated in the employment contract without fail. If an employee worked at a workplace on the employer’s premises, then in order to transfer him to remote mode it is necessary to change the terms of his employment contract. To do this, you do not need to terminate the existing contract by formalizing your dismissal and draw up a new one. Adjustments to the working regime in connection with coronavirus can be introduced by drawing up an additional agreement, which is signed bilaterally by both parties (director and employee).

During the period of remote work at home due to the spread of coronavirus (COVID-19 virus), the employee is obliged to perform job duties in accordance with the job description (subject to the provisions of the additional agreement), and also has the right to payment for his work in accordance with the conditions prescribed in the employment contract (in proportion to the time worked or work performed, depending on the applied remuneration system).

How are remote workers paid?

The initiative to switch to remote work due to COVID-19 can come from the employee or the employer.

In general, the Ministry of Labor gives the following recommendations to employers in order to properly formalize the transition to remote work in connection with the spread of coronavirus:

Step 1. The employee writes an application requesting a transfer to remote work (or consent to such a transition if the offer was received from the employer in writing).
Step 2. The employer draws up an order to transfer the employee to remote mode.
Step 3. The employee gets acquainted with the order against signature.
Step 4. The employer draws up an additional agreement with new working conditions.
Step 5. The employee and manager sign an additional agreement, thereby agreeing to the new working conditions.

Only after this the employee may not go to work on the employer’s premises, but work from home in accordance with the agreed conditions in the additional agreement. Verbal agreements alone are not enough.

Important! If there is no order for remote work, then the employee must go to the workplace, otherwise this may be regarded by the employer as absenteeism. Absenteeism, in turn, can cause dismissal under Article 81 of the Labor Code of the Russian Federation.

Employees need to be very careful in this matter; there is a risk of being fired at any time if the transition to working remotely is not properly formalized.

A worker can be transferred to a lower paid job or to less skilled work only with the consent of the worker himself.

If it is not possible to send employees to work remotely, then the employer can issue forced downtime with remuneration in the amount of at least 2/3 of the salary or tariff rate. For this purpose, an order is drawn up according to this sample. However, employees are not required to be present at work. It is possible to agree on the transfer of paid leave.

Are employers required to transfer employees to remote work?

In short, no. Now in Moscow and some other regions (for example, in the Lipetsk region), measures to prevent the spread of coronavirus infection have actually been adopted and are being implemented, providing for additional responsibilities for employers and employees. In particular, in accordance with the decree of the Moscow City Hall dated 03/05/2020 No. 12-UM, organizations and individual entrepreneurs are obliged to: during the spread of coronavirus infection:

ensure that employees’ body temperatures are measured at work places;
remove employees with elevated temperatures from work;
provide employees with assistance in ensuring compliance with the self-isolation regime at home.
immediately provide, upon request of Rospotrebnadzor, information about all contacts of a person infected with the new coronavirus infection (2019-nCoV);
ensure disinfection of premises where the sick person was;
do not allow employees who must comply with self-isolation at home to work.

At the same time, the decree does not say anything about the mandatory transfer of employees, including those at risk, to remote work. Regional authorities adopt decrees and orders strictly within the framework of their powers and competence. At the same time, they can regulate labor relations, but only to the extent that does not contradict the Labor Code of the Russian Federation. Otherwise, regional acts will not have any legal force, and the Labor Code of the Russian Federation will be applied (Article 5 of the Labor Code of the Russian Federation).

Cheat sheet on the article from the editors of BUKH.1S for those who do not have time

1. Employers are not required to transfer employees to remote work; they do this voluntarily.

2. You cannot forcibly transfer an employee to remote work; he must agree. The introduction at the regional level of preventive measures to combat the spread of coronavirus infection does not allow employers to transfer employees to remote work on the basis of unilateral orders.

3. To transfer an employee to remote work, it is not necessary to terminate an existing employment contract and enter into a new contract for remote work. It is enough to make appropriate changes to the existing contract or sign an additional agreement.

4. The remote worker sets the work and rest schedule at his own discretion. But if the agreement specifies a specific schedule for remote work, the employee is obliged to adhere to it.

5. Remote employees are subject to all the rights and guarantees of compliance with these rights that apply to all other employees, according to the Labor Code of the Russian Federation.

That is why no one can oblige employers and their employees to change existing labor relations and switch to remote work. At the same time, regional authorities can certainly recommend that employers switch to remote work as a measure to combat the spread of infection. Thus, Moscow Mayor Sergei Sobyanin called on employers in the capital to transfer workers to remote work during the coronavirus pandemic. The head of the city noted that to date, dozens of enterprises and organizations have already voluntarily transferred their employees to work remotely.

“In the current circumstances, I appeal to all employers in the city of Moscow to follow their example and, if possible, transfer some of your employees to work from home. This is especially true for women whose children will not be going to school in the coming weeks. By doing so, you will make a huge contribution to the fight against coronavirus infection,” the mayor’s message says.