What is remote or remote work according to the Labor Code of the Russian Federation?

Contents of the Law 2020 on remote work

The Federal Law in question dated December 8, 2020 No. 407-FZ introduced changes to the Labor Code of the Russian Federation, which regulate 2 main issues:

• remote (remote) work;
• temporary transfer of an employee to such work at the initiative of the employer in exceptional cases.

Therefore, here is how the Labor Code of the Russian Federation was corrected:

Next, we will analyze each of these positions.

We also note that the law in question comes into force on January 1, 2021 .
That is, all the provisions at once.

Features of remote work of a home worker

When working from home, the employee’s workplace is his home. Raw materials and tools for performing certain work are provided by the employer or the employee can purchase them independently. This is specified in the TD. Under such conditions, the contract specifies compensation for expenses incurred by the homeworker:

• for the purchase of materials, raw materials, tools;
• use of equipment (if it belongs to the employee and is not provided by the organization), the Internet, telephone;
• electricity costs and any other expenses, the reimbursement of which will be indicated in the TD.

A home worker can involve his family members in work (Chapter 49, Article 310 of the Labor Code of the Russian Federation).

We found out what working from home is. Let's figure out how to properly build labor relations with such employees?

Ch. 49 of the Labor Code of the Russian Federation regulates labor relations between the employer and the homeworker. From Art. 311 of the Labor Code of the Russian Federation, it is clear that the main conditions under which work can be entrusted to a home worker are his state of health and compliance with labor protection requirements (Article 212 of the Labor Code of the Russian Federation). The majority of people working at home are producers of handicraft goods, seamstresses, and assemblers.

All relations between an enterprise and a home worker are regulated by the Labor Code of the Russian Federation and the Labor Code. Let's consider the main points of the contract.

After the conclusion of the TD, the enterprise issues an order to hire an employee. In the “Nature of work” column you need to write: “Work from home.” The employee must read the order and put his signature in the appropriate place.

The work book is filled out without any instructions about home work.

IMPORTANT! Despite the fact that the homeworker manages his own working time, the employer must fill out a time sheet. The rules on overtime payments do not apply to him.

How to correctly fill out a time sheet, read the article “Do I need to keep a time sheet for a home-based employee?”

General provisions on remote work in the Labor Code of the Russian Federation from 2021

Concept

Remote (remote) work is the performance of a labor function specified by an employment contract outside the location :

• employer;
• its branch, representative office;
• other separate structural unit (including those located in another area);
• stationary workplace;
• territory or facility directly or indirectly under the control of the employer.

A prerequisite is the use of information and telecommunication networks, including the Internet, and public communication networks for:

• performing this labor function;
• interaction between employer and employee on issues related to its implementation.

Types of remote work

An employment contract or an additional agreement to it may provide for the performance of a labor function remotely on:

• on a permanent basis - during the term of the employment contract;
• temporarily - continuously for a period specified in the employment contract or additional agreement, not exceeding 6 months ;
• periodically - subject to alternating periods of performing work functions remotely and at a stationary workplace.

As a result, a remote employee is:

• who has concluded an employment contract or an additional agreement to it;
• performing a labor function remotely in accordance with the employer’s local regulations on temporary transfer (Article 312.9 of the Labor Code of the Russian Federation - at the initiative of the employer in exceptional cases).

During the period they perform their labor functions remotely, remote workers are subject to labor legislation and other acts of labor law, taking into account the specifics established by Chapter. 49.1 Labor Code of the Russian Federation.

How to organize remote work of employees?

This requires a stable Internet connection and high data transfer speed. Connection to programs can be via RDP or via a browser. In this case, the employee can perform his work duties while sitting at home, in a park or cafe, while on a business trip or on vacation. Early in the morning, or vice versa in the evening.

Teamwork, discussion of current tasks, or just communication can be organized through any messenger and general chat. You can use a file hosting service. Skype will allow you to show your desktop to a colleague or client, as well as call anywhere in the world. Viber and WhatsApp will also make communication closer and more accessible.

Employees' working hours become more flexible, which makes it more difficult to control the fulfillment of work duties. In this case, the result of completing tasks is evaluated.

How can an employer and employee interact when working remotely?

In the case of electronic document exchange, an enhanced qualified electronic signature of the employer and an enhanced qualified or enhanced unqualified employee signature are required when:

• concluding electronically employment contracts, additional agreements to them, contracts on financial responsibility, student contracts for obtaining education without interruption or without interruption from work;
• amendments to these agreements (additional agreements);
• their termination.

In other cases, it is sufficient to exchange electronic documents using other types of electronic signature. Or in another form altogether, provided for:

• collective agreement;
• a local act adopted taking into account the opinion of the elected body of the primary trade union organization;
• employment contract,
• additional agreement to the contract.

REFERENCE

Until 2021, parties to an employment contract had to use enhanced qualified electronic signatures when exchanging any electronic documents.

It is necessary to ensure that the fact that the employee and/or employer has received documents in electronic form is recorded.

When exchanging electronic documents, each party is obliged confirmation in the form of an electronic document of the main electronic document from the other party. The deadline must be set:

• collective agreement;
• a local act adopted taking into account the opinion of the elected body of the primary trade union organization;
• employment contract,
• additional agreement to the contract.

When interacting in another form, confirmation of actions related to providing each other with information must occur in the order determined:

• collective agreement;
• a local act adopted taking into account the opinion of the elected body of the primary trade union organization;
• employment contract,
• additional agreement to the contract.

With local acts, orders (instructions) of the employer, notices, requirements and other documents directly related to the work activity of a remote worker, in respect of which labor legislation requires their execution on paper and/or familiarization with them to the employee in writing , including under signature, the remote worker must be familiarized in one of 3 ways :

• in writing, including against signature;
• by exchanging electronic documents;
• in another form provided for by the coll. a contract, a local act adopted taking into account the opinion of the trade union, an employment contract, an additional agreement to it.

If, according to the Labor Code of the Russian Federation, an employee has the right or obligation to contact the employer with a statement , provide the employer with explanations or other information, he does this:

• in the form of an electronic document;
• in another form provided for by the coll. a contract, a local act adopted taking into account the opinion of the trade union, an employment contract, an additional agreement to it.

When submitting an application for the issuance of duly certified copies of work-related documents (Article 62 of the Labor Code of the Russian Federation), the employer must send them 3 working days 2 ways :

• on paper (by registered mail with notification);
• in the form of an electronic document, if indicated in the employee’s application.

To pay sick leave , including leave a remote worker acts in one of 2 ways:

• sends the original documents to the employer - by registered mail with notification;
• provides information about the series and number of the electronic certificate of incapacity for work (if the medical organization and the employer are participants in the information interaction system for electronic health insurance.

The procedure for interaction, including 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, establishes:

• collective agreement;
• a local act adopted taking into account the opinion of the elected body of the primary trade union organization;
• employment contract,
• additional agreement to the contract.

Remote work according to the Labor Code

According to the Labor Code of the Russian Federation, remote work can be considered the performance of certain functions specified in the TD, which occurs outside a stationary workplace provided by the employer. To work and communicate with the employer, the employee must use public information and telecommunication networks (ITS) (Article 312.1 of the Labor Code of the Russian Federation).

A remote worker is a person who has entered into a contract of agreement on remote work.

In connection with the spread of coronavirus infection and the temporary transition of many employees to remote work, officials proposed making a number of amendments to the Labor Code of the Russian Federation. At the time of writing, these adjustments are still being discussed.

ConsultantPlus experts explained in their Review how they plan to change the legislation for remote employees. Study the material by getting trial access to the K+ system for free.

One of the differences between a remote worker and others is communication with the employer through the exchange of electronic documents and the use of enhanced electronic signatures (Law “On Electronic Signatures” dated April 6, 2011 No. 63-FZ). Each party, after receiving the electronic document, is required to send confirmation electronically.

What an electronic signature is, read the article “Strengthened qualified electronic signature - what is it?”

The question arises: how to conclude a contract agreement with a remote employee when working remotely?

The contract is concluded, as is the document flow in general, using public information technology systems, including e-mail. After which the employer sends the remote worker a paper copy of the contract by mail within 3 days.

How to register an employee working from abroad, read the article “Employment contracts cannot be concluded with those working abroad.”

Since when working remotely, an employee has all the same rights as those performing his duties in the office of the enterprise, he must submit to the employer in electronic form the documents listed in Art. 65 Labor Code of the Russian Federation. If necessary, the employer has the right to require the employee to send him notarized copies of documents.

If the employee has not previously had a SNILS, he must obtain it himself and send a copy to the employer.

If there is mutual agreement, the work book is not filled out. A document confirming work activity and length of service is a TD. In the absence of such an agreement, the employee sends the work book to the employer by mail (registered mail) (Article 312.2 of the Labor Code of the Russian Federation).

What should you pay attention to when drawing up a distance contract?

Let's take a closer look at some points.

Work and rest mode remotely

A collective agreement, a local act adopted taking into account the opinion of the primary trade union organization, an employment contract, an additional agreement can determine:

• working hours of a remote worker;
• for temporary remote work, also the duration and/or frequency of performing the work function remotely.

Unless otherwise provided by the listed documents, the remote worker sets his own working hours.

These documents may determine the conditions and procedure for:

• calling by the employer a remote worker performing remote work temporarily to perform his labor function at a stationary workplace;
• exit of such an employee 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.

permanent remote worker with annual paid and other types of leave is determined by a collective agreement, a local act adopted taking into account the opinion of the elected body of the primary trade union, and an employment contract in accordance with the general rules.

Providing annual paid and other types of leave to a remote worker performing such work temporarily occurs in accordance with the general procedure of Ch. 19 Labor Code of the Russian Federation.

The time of interaction between a remote worker and the employer is included in working hours.

Rest and work according to schedule

When working remotely, home and work mix. Therefore, it is important not only to have a dedicated place to work, but also to have a specific time to complete tasks. Otherwise, you will feel like you can always work - and then you will quickly burn out. And if you don’t believe in burnout, you’ll just get tired.

Record the schedule.

Work at the same time as you are used to working in the office - from 9 to 17, or from 12 to 20, or whenever. It is important that there should be a schedule so as not to accidentally start working around the clock. The boundaries of the working day are sometimes erased, and you can work all day and go to bed hugging your laptop. A good plan is to turn off all work programs after a certain time.

Measure time.

It is very easy to overwork or underwork at first. At first, a timer or time tracker helps a lot - they come in different varieties and are easy to Google.

Turn off notifications in work chats after hours and on weekends, and try not to answer work questions during this time. This is generally true for office workers, but remotely the boundaries are less clearly defined. Katya, remote manager

Vadim Makeev, author of professional courses remotely

Organization of work remotely

According to the new art. 312.6 of the Labor Code of the Russian Federation, the employer provides the remote employee with the necessary things to perform his job function:

• equipment;
• software and hardware;
• information security means;
• by other means.

A remote worker has the right , with the consent or knowledge of the employer and in his interests, to use his own or rented devices and software. In this case, the employer simultaneously :

• pays him compensation for their use;
• reimburses the costs associated with their use.

The procedure, terms and dimensions are determined by a collective agreement, a local act adopted taking into account the opinion of the trade union, an employment contract, and an additional agreement to it.

If a remote worker is sent to carry out an official assignment to another locality (to another territory), other than performing a work function, he is subject to the rules on business trips (maintaining a place, average earnings, reimbursement of expenses - Articles 166-168 of the Labor Code of the Russian Federation).

Labor protection for remote workers

To ensure safe working conditions and labor protection for remote workers during the period they perform their labor functions remotely, the employer fulfills the duties provided for in paragraphs 17, 20 and 21 of part two of Art. 212 Labor Code of the Russian Federation. This:

• investigation and recording of industrial accidents and occupational diseases;
• compliance with the instructions of officials of Rostrud (GIT) and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public control bodies within the time limits established by law;
• compulsory social insurance against accidents at work and occupational diseases (insurance contributions to the Social Insurance Fund for injuries).

The employer is also obliged to familiarize remote workers with labor safety requirements when working with equipment and tools recommended or provided to them.

Other obligations of the employer to ensure safe working conditions and labor protection, established by law, do not apply to remote workers during the period they perform their labor functions remotely. But something else may be provided:

• collective agreement;
• a local act adopted taking into account the opinion of the elected body of the primary trade union organization;
• employment contract,
• additional agreement to the contract.

Avoid distractions (and minimize distractions)

Talk to your family.

Explain to your loved ones that working from home is the same as work and this does not mean that you are free to do whatever you want during working hours. Yes, there is more freedom and flexibility, but work tasks still won’t go away.

In fact, remote work can be much more productive than working in the office if you have no distractions at home. For example, children can be distracting - and this is a separate big topic, how to combine work and children (multitasking will be added).

Don't create new habits.

If you didn’t listen to YouTube in the background at work, then there’s nothing to start with, you’re still at work, just remotely.

Communicate with loved ones.

Schedule time in your schedule to communicate with loved ones, without being distracted by work matters.

Add. grounds for dismissal of a remote worker from 2021

This is regulated by the new Art. 312.8 Labor Code of the Russian Federation. According to it, a remote worker is subject to the general grounds for termination of an employment contract (Article 77 of the Labor Code of the Russian Federation, etc.). But legislators still added one more thing - at the initiative of the employer. It sounds like this:

“... if, during the period of performing a labor function remotely, the employee, without good reason, does not interact with the employer on issues related to the performance of the labor function for more than 2 working days in a row from the date of receipt of the corresponding request from the employer (except if a longer period for interaction with the employer is not established by the procedure for interaction between the employer and the employee, provided for in Part 9 of Article 312.3 of the Labor Code of the Russian Federation).”

with a permanent distance worker can also be terminated if he changes the location of his work function , if this makes it impossible to perform his duties under the same conditions.

The employer is obliged, within 3 working days from the date of issuance of the order (instruction) to terminate the employment contract, to send the remote worker (permanent or temporary) by registered mail with notification a duly executed copy on paper (if the parties initially agreed to exchange electronic documents) .

We also note that the employer does not have the right to stipulate in the employment contract its grounds for dismissing a remote worker (although initially such a provision was in the bill).

Plan your work

Without completing tasks, we will all be fired. Therefore, you need to organize everything so that the process does not differ from what usually happens in the office.

Eat "toad".

First - unpleasant tasks. In any job there are unpleasant tasks - you always want to put them off until later. Often this very “later” comes too late. If a task cannot be skipped in principle, then it is better to tackle it at the beginning of the working day. This way you won't lose focus and send a task to the queue prematurely.

Can't stand it.

There is no need to postpone work tasks until later because no one can see what you are doing. This is how the work schedule gets lost, and everything merges into one long day.

Don't slack off.

If suddenly you completed your plan for the day in literally a few hours and, in theory, you have a lot of free time, this does not mean that the working day is over. At this time, you can do some other things at work, sort out the backlog, or ask your manager what to do next. Or you don’t have to do it if you have closed lists or Forster.

Work for the day must be planned. My practice has shown that it is better to compose it at the end of the day. It turns out that you plan your Tuesday work day on Monday evening. The advantage of this approach: this way you will certainly be able to plan an important task that really needs to be done the next day. Planning day after day can clog your schedule with turnover. It seems like they did some work, but made no progress in solving the strategic problem. A clear plan drawn up the day before will not allow you to deviate from the path. Igor, developer of Node.js courses remotely

Ira, head of professional courses remotely

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.

Read also

08.04.2020

Transfer of employees to remote work due to coronavirus

The media constantly write about the possibility of transferring employees to remote work. But can this be done in reality?

If we look at the possibility of introducing remote work in the near future, then this can be done, but with great difficulty and, it is worth noting, that it is not for everyone. For example, accountants and lawyers can work from home under the following conditions:

• open access to a corporate server via a home computer;
• having a login and password for your work email;
• ability to work in specialized programs (1C, VLSI, electronic reporting, etc.).

But do not forget that some organizations are developing security protocols that prohibit logging into the program from another computer. It is worth mentioning those budgetary institutions that do not have access to the Internet at all, and all internal programs and data are prohibited from copying.

Some categories of workers cannot be transferred to remote work at all:

• drivers;
• salespeople and cashiers;
• non-stop production employees and others.

These categories of workers will still continue to work as usual . And if a complete quarantine is introduced in our country, the factories and organizations that support life almost every day will still continue to operate.

In addition, it is worth noting that in Russia, remote work has not yet been introduced in connection with the coronavirus pandemic. That is, the employer does not have the right to unilaterally decide to transfer an employee to remote work.

At the moment, in our country, the proposal to switch to remote work is purely advisory.

But it should also be noted that the coronavirus pandemic was officially classified as an emergency . This decision was made by the World Health Organization on March 11, 2021.

According to Article 72.2 of the Labor Code, an employer has the right to transfer an employee to work with the same employer for a period of up to 1 month to prevent an epidemic and eliminate its consequences. But this article of the Labor Code of the Russian Federation provides for the performance of non-labor functions, which in the situation with coronavirus is not true . Therefore, this translation method should be used with caution.

Rostrud has not yet provided any clarification on the issue of transferring employees to remote work. Therefore, at present, this issue is of keen interest to many employers and employees.

In addition, there is an urgent issue about the impossibility of setting up a workplace at home for certain categories of employees. For example, in order to transfer call center operators to remote locations, the customer or employer will need to develop a special program that will allow all employees to work from home. The cost of developing a new program is high. In addition, not all people have a powerful computer at home that can run this program.

Perhaps this is why Russia has not yet introduced a new operating mode at the legislative level.