In the article we will consider the pros and cons of remote work for both the employee and the employer, as well as the nuances of hiring remote workers and termination employment contract with them. You will learn about what documents need to be completed, how the employee and employer interact, and other features of remote work.

IN Lately employers are increasingly thinking about involving remote employees in the work process. This became especially relevant after the introduction of Chapter 49.1 “Features of regulation of labor of remote workers” into the Labor Code of the Russian Federation. Finally, the legislator recognized that it is possible to work effectively different ways, and not just at the location of the employer.

Of course, not everyone can work remotely, but mainly those who have self-discipline, self-control, are responsible and are able to plan their work time, but for some reason cannot work on the employer’s premises. Such workers are also a godsend for the employer. Of course, there are certain benefits to both parties in the employment relationship when working remotely.

Advantages and disadvantages

In accordance with Part 1 of Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, or other separate structural unit(including those located in another area), outside a stationary workplace, territory or facility directly or indirectly 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 on issues related to its implementation, information -telecommunication networks common use, including the Internet.

Based this definition Remote work (also called “remote work”) can highlight its main features. The work is carried out:

- under an employment contract;

— outside the location of the organization or separate divisions of the employer;

— using information and telecommunication networks, including the Internet.

So, you can work remotely, for example, at home, in a cafe, in special co-working centers, in transport, outside the city, abroad, etc.

The benefits of this way of working are obvious to both the employee and the employer.

By and large, for an employer, hiring remote workers has the following advantages:

- no obligation to organize workplace allows you to reduce the cost of renting premises for workplaces (including payment utilities, communication services, expenses for maintaining premises, etc.), related furniture, equipment and machinery;

— the absence of problems associated with the employee’s travel to work allows you to spend less time finding out the reasons for non-compliance labor discipline, in particular, being late for work, leading to disruption of the work process, etc.;

— the possibility of more flexible communication with an employee outside of working hours allows you to increase productivity and efficiency;

— in some cases, it is possible to reduce the cost of business trips for employees to other regions, which at the same time allows you to work in other regions without opening separate divisions of the organization;

- you can terminate an employment contract at the initiative of the employer in a simplified manner (we will talk about this later), etc. Undoubtedly, there are also a number of advantages for an employee in remote work, such as:

- lack of attachment to the workplace allows you to work on the road, in a cafe, outside the city and even in other countries;

- opportunity independent organization your working and free time, while observing only the agreed deadlines for completing the work, improves its quality;

— the opportunity to work without interruption from the family (this applies mainly to women with young children) minimizes the problems associated with the constant absence of parents away from their children;

– savings on costs associated with work-appropriate dress codes appearance employee, lunches and other attributes of office life, contributes to more efficient preservation and accumulation of income received;

— the absence of stress associated with direct communication with management and other employees preserves the health and psychological comfort of the employee;

— the opportunity to work for several employers at the same time allows an employee to “get away from routine” and grow professionally in different areas.

However, remote work has not only advantages. For the employer, the disadvantages of using remote work are mainly the lack of opportunity:

— directly control the work of a remote worker;

- catch an employee at work at any time in order to promptly resolve the issue if necessary;

— track how much time an employee actually spends on doing work;

- demand urgent completion of work that involves telephone communication, e-mail etc., if there are technical communication problems;

— bring the employee to disciplinary liability on the basis of the employee’s failure to comply with the internal rules in force in the organization labor regulations and other provisions aimed at strengthening labor discipline;

— track the leak of information constituting a trade secret of the organization.

For an employee, the disadvantages of remote work are primarily the absence of:

— full communication with colleagues at work and, as a result, being “outside society”;

- a “social package” associated with working on the employer’s premises, for example, if the employer provides other employees with free food during their lunch break.

For your information. In this vein, let's talk about the advantage of remote work over work under a civil contract (for the employee). Thus, if there is an employment contract with a remote worker, he is subject to the guarantees provided for by labor legislation, in contrast to work under a civil contract (civil law does not provide for any social guarantees when providing services or performing work), including social benefits and allowances pregnant women and women with young children. In addition, it is important that the employment contract with a remote worker provides for the cases and procedure for its termination, in contrast to a civil contract, which each party can terminate at any time by giving notice within the period stipulated by the contract, without giving reasons.

Who can work remotely?

As stated in Part 2 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are considered to be persons who have entered into an employment contract on remote work. The law does not define specific categories of persons who can work remotely. That is, in order to work remotely, it is enough to conclude an appropriate employment contract with the employer. Of course, only those people who, for some reason, are inconvenient to work in a different way or who, due to various circumstances, cannot work on the employer’s premises, work remotely. Remote work is primarily suitable for people with disabilities, persons with family responsibilities, part-time workers, students, pensioners, etc.

Note that in practice, remote work is sometimes confused with home work (Chapter 49 of the Labor Code of the Russian Federation). However, there are significant differences between them. Thus, homeworkers, as a rule, perform work that does not require qualifications or special skills. Their work consists mainly of producing some kind of material product, for which the employer provides them with materials, raw materials, semi-finished products or reimburses the corresponding expenses. Homeworkers can even involve their family members in their work. At home, for example, you can make toys, design interior items, knit clothes, make soap, cook baked goods, etc. That is, for a home worker, the final result of the work is, by and large, important. Payment for home work is usually piecework. In addition, the employment contract is concluded only in paper form.

Remote workers often perform intellectual work that does not have a tangible result (the result here is information processed in a special way), through the use of modern technologies communications. Moreover, this work usually carried out through exchange electronic documents using enhanced qualified electronic signatures (Part 4 of Article 312.1 of the Labor Code of the Russian Federation).

Therefore, designers, editors, journalists, proofreaders, consultants, programmers, lawyers, etc. can work remotely. Such work is paid in various ways, depending on what kind of remuneration system the employer has. To obtain employment, such workers can send documents to the employer and conclude an employment contract electronically.

Admission to remote work

Hiring a remote employee consists of the same steps as hiring any other employees, but with some exceptions provided for in Chapter. 49.1 Labor Code of the Russian Federation. Yes, according to general rule the employer must take the following actions:

- receive from the employee Required documents for registration for a job (passport, insurance certificate of state pension insurance, work book, military registration documents for persons liable for military service, education documents, if the work requires special knowledge, and other documents provided for in Article 65 of the Labor Code of the Russian Federation);

— draw up an employment contract;

— issue an order for employment;

— fill out the employee’s personal card;

— draw up a work book (if entries will be made in it);

— familiarize the employee with the necessary local regulations employer.

For your information. If a remote worker (or a person just starting to work remotely) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law. Each party is obliged to send confirmation in the form of an electronic document of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

Employment contract with a remote worker

Concluding an employment contract with a remote worker has a number of features.

Firstly, it must indicate, among other mandatory conditions:

— place of work (Article 57 of the Labor Code of the Russian Federation, letter of Rostrud dated 10/07/2013 N PG/8960-6-1);

— working hours and rest hours (set by the employee at his own discretion, unless otherwise provided by the contract, part 1 of article 312.4 of the Labor Code of the Russian Federation);

— the nature of the work is remote work (Articles 57 and 312.2 of the Labor Code of the Russian Federation);

— the procedure for providing annual paid leave and other types of leave (Part 2 of Article 312.4 of the Labor Code of the Russian Federation).

In addition, additional conditions may be:

— that entries are not made in the work book (if the parties have reached such an agreement in accordance with Part 6 of Article 312.2 of the Labor Code of the Russian Federation);

- the employee’s obligation to use when performing his duties job responsibilities equipment, software technical means, information security tools and other means provided or recommended by the employer (Part 8 of Article 312.2 of the Labor Code of the Russian Federation);

— the procedure and terms for providing the employee with the equipment, software and hardware, information security tools and other means necessary to perform his job duties (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the amount, procedure and terms of payment of compensation for the use by an employee of equipment owned or leased by him, software and hardware, information security tools and other means (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure for reimbursement of other expenses associated with remote work (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure and timing for the employee to submit reports on work performed (Part 1 of Article 312.3 of the Labor Code of the Russian Federation).

Secondly, an employment contract with a remote worker can be concluded by exchanging electronic documents using an enhanced qualified electronic signature, and the place of conclusion of the contract will be the location of the employer (Part 1 of Article 312.2 of the Labor Code of the Russian Federation). In this case, the employer, no later than three days from the date of conclusion of the contract, is obliged to send the employee by mail by registered mail with the notification, a properly executed copy of the employment contract in paper form (Part 2 of Article 312.2 of the Labor Code of the Russian Federation).

Let us give as an example a fragment of an employment contract containing the conditions for remote work (Example 1).

1. General Provisions

1.3. Work under this agreement is the main place of work for the Employee.

1.4. Place of work: remote work from home.

1.6. The employee reports to the General Director.

1.7. The employee is obliged to perform job duties provided for job description.

1.8. The Employee’s work in the position specified in clause 1.2 of this employment contract is carried out under normal conditions.

1.9. Nature of work: remote work from home using the Internet.

2. Rights and Obligations of the parties

2.1. The employee is obliged:

2.1.10. use software and hardware tools, as well as information security tools provided by the Employer, in the performance of their official duties;

2.1.12. monthly (no later than the 30th day of each month) submit to the Employer a report on the work done, indicating the time actually spent by the Employee on performing the work, in the form given in Appendix 1 to this agreement.

2.2. The employer is obliged:

2.2.8. provide the Employee with the software and hardware necessary to perform his job duties, as well as information security tools;

2.2.13. monthly (no later than the 30th day of each month) reimburse the Employee for expenses incurred by him for Internet communications and mobile communications based on supporting documents submitted by the Employee (checks, receipts, etc.).

3. Responsibility of the parties

4. Work and rest schedule

4.1. The employee has a five-day work week with two days off: Saturday and Sunday. Features of working hours: 4 hours a day.

4.2. The start and end times of work, including breaks in work, are set by the Employee at his own discretion.

4.3. The employee is granted annual basic paid leave of 28 calendar days.

4.4. By agreement of the parties, annual leave may be divided into parts, one of which must be at least 14 days.

5. Terms of payment

5.1. The Employer undertakes to pay the Employee wages in a timely manner and in full. The employee is paid a salary of 30,000 (Thirty thousand) rubles per month based on 0.5 of the official salary.

5.2. The Employer has the right to establish bonuses and provide financial incentives (bonuses) to the Employee in accordance with the Labor Code of the Russian Federation and the organizational and administrative documents of the Employer.

5.3. Salary is paid to the Employee twice a month by transferring funds to a bank account. debit card Employee.

6. Social insurance

The employee is subject to compulsory social insurance in the manner and under the conditions established by the legislation of the Russian Federation.

7. Duration and grounds for termination of the employment contract

7.1. This agreement is concluded for an indefinite period.

7.2. This agreement comes into force on the day it is signed by the parties.

The employee is obliged to begin performing his job duties from the date established in clause 1.5 of this agreement.

7.3. This agreement may be terminated in the manner and on the grounds provided for by the labor legislation of the Russian Federation. Termination of an employment contract is carried out on the basis of an order from the Employer.

The day of dismissal of the Employee is the last day of his work, unless otherwise provided in the Labor Code of the Russian Federation. On this day, the Employee is issued a work book, and the calculation is made according to wages and other provided by regulatory legal acts payments.

The order of acceptance to work

An order for admission to remote work is issued in the usual way, with the exception of filling out the column “Conditions of employment, nature of work” (if the company uses form N T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, hereinafter referred to as the resolution of the State Statistics Committee of the Russian Federation N 1), which indicates that the work is remote.

Familiarization with local regulations

When hiring a remote employee, a HR specialist may have a question: does such an employee need to be familiarized with the employer’s local regulations? The question is fair, especially if we assume that the employee does not work on the employer’s premises. As for local regulations, including instructions in the field of labor protection, in accordance with Part 2 of Art. 312.3 of the Labor Code of the Russian Federation, in order to ensure safe conditions and labor protection for remote workers, the employer carries out:

— investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by law;

- fulfillment of instructions officials authorized government agencies and consideration of submissions from public control bodies in established by law deadlines;

- mandatory social insurance workers from industrial accidents and occupational diseases;

— familiarizing remote workers with labor safety requirements when working with equipment and tools recommended or provided by the employer;

— other actions provided for by the employment contract on remote work.

When applying other local regulations, an individual approach to the employee is required. For example, if, in accordance with the contract concluded with him, he independently determines the working hours and rest hours, then he will not obey the internal labor regulations of the organization. Accordingly, there is no need to familiarize him with this document.

If, despite the remote place of work, the working and rest hours are determined by the employer in the internal labor regulations, of course, the employee will have to be familiarized with this document under his personal signature. In this case, a clause should be made in the employment contract: “The employee undertakes to be guided by the internal labor regulations to the extent that does not contradict the terms of this contract.”

In addition, the remote worker must be familiar with local regulations defining the procedure and terms of remuneration, containing provisions on the processing of personal data, and other documents related to his work.

These documents can be sent to the employee electronically using an enhanced qualified signature. In turn, the employee must confirm familiarization with them by sending the appropriate confirmation to the employer, also using an enhanced qualified signature.

Obtaining an enhanced qualified electronic signature

As we have mentioned more than once, the employer and employee must use an enhanced qualified signature when exchanging electronic documents (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). Thus, both parties to the employment contract for remote work are required to send each other confirmation of receipt of the electronic document.

An enhanced qualified electronic signature is considered to be a signature in respect of which the following rules:

— such a signature is obtained as a result of cryptographic transformation of information using an electronic signature key;

— it allows you to identify the person who signed the electronic document;

— this signature makes it possible to detect the fact of making changes to the electronic document after the moment of its signing;

— it is created using electronic signatures;

— the key to verify it is indicated in the qualified certificate;

— to create and verify it, electronic signature tools are used that have received confirmation of compliance with the requirements established by this law.

At the same time, Art. eleven Federal Law dated 04/06/2011 N 63-FZ “On Electronic Signatures” determines the conditions for recognition of a qualified electronic signature.

Document fragment

Article 11 of the Federal Law of 04/06/2011 N 63-FZ "On Electronic Signature"

An enhanced qualified signature must have a qualified certificate from an accredited certification authority that guarantees its authenticity. In turn, information about accredited certification centers can be found on the official website of the Russian Ministry of Telecom and Mass Communications on the Internet: minsvyaz.ru (in the “Accreditation of Certification Centers” section).

To obtain a qualified certificate, you must contact an accredited certification center by submitting the following documents or their duly certified copies:

1) main identification document, insurance certificate of state pension insurance of the applicant - individual or constituent documents, a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities, and a certificate of registration with the tax authority of the applicant - legal entity;

2) duly certified translation into Russian of documents on state registration legal entity in accordance with the law foreign country(for foreign legal entities);

3) a power of attorney or other document confirming the applicant’s right to act on behalf of other persons.

After the above steps have been completed, you can legally move to this new type of interaction between the parties to labor relations.

Registration of a personal employee card

An employee’s personal card is issued for remote workers in the same way as for other employees. The employer can use a unified form of personal card N T-2, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or its own form of card, approved in the prescribed manner by the employer and used in a specific organization.

For your information. Changing the terms of an employment contract with a remote worker is carried out in the same manner as its conclusion, i.e. by exchanging electronic documents using an enhanced qualified electronic signature. The employer, no later than three days from the date of conclusion of the agreement to amend the employment contract, is obliged to send the employee by registered mail with notification a duly executed copy of the agreement and the corresponding order in paper form. Upon receipt of the documents, the employee signs them and returns them to the employer in the same way.

Time tracking

In accordance with Part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Meanwhile, the law does not establish exceptions for remote workers. As we noted, remote workers, unless otherwise provided by the employment contract, independently determine their working hours and rest time. In this case, in the timesheet in the column in which the number of hours worked is entered, you can enter:

— the number of hours that an employee must work per working day (for example, “8”, “4”, etc., depending on the work schedule agreed with the employer);

- the number of hours per day that the employee actually spent on performing work (for example, “3”, “10”, etc., depending on the work schedule agreed with the employer), which he can inform the employer about by email. Wherein total hours worked per month should not exceed the normal working hours established in the employment contract.

If a remote worker obeys the internal labor regulations established by the employer, then the time sheet is filled out in the same way as for other employees of the organization.

For your information. Considering that in accordance with Part 2 of Art. 91 of the Labor Code of the Russian Federation, the normal working hours cannot exceed 40 hours per week, it should be borne in mind that the remote worker will also be subject to the norms of labor legislation on overtime work, if the employer will involve such an employee in work outside the normal working hours.

As for the form of the report card, the employer can continue to use the unified form N T-12 or N T-13, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1, or approve in the prescribed manner its own form of report card used in a specific organization.

Question. Considering that in most cases a remote worker independently organizes his working time and rest time, how can an employer control the time actually spent on work?

Of course, it is very difficult to control an employee who is not working on the employer’s premises, but it is possible. Thus, the employer and employee can agree to include in the employment contract a provision that the employee must, simultaneously with the completed task, email note how much time was spent on its completion. Or, instead, you can oblige the employee to prepare reports on the work done for the working day, indicating the time of completion of each task.

At the same time, if the employment contract provides for the employee’s obligation to use software and hardware provided or recommended by the employer, then the employer can also use technical tools information systems control of time tracking for the execution of a particular order.

Terminating a relationship with a remote worker

An employment contract with remote employees may be terminated on the grounds established by the Labor Code of the Russian Federation. In accordance with Part 1 of Art. 312.5 of the Labor Code of the Russian Federation, termination of an employment contract with a remote worker at the initiative of the employer is allowed only on the grounds provided for in the employment contract. For example, such reasons could be:

— employee’s refusal to use information security tools provided or recommended by the employer at work;

— systematic failure by the employee to comply with work deadlines;

- performing work improperly, etc.

Just as in the above cases, when exchanging electronic documents related to the termination of an employment contract, the parties to the contract act through the exchange of relevant electronic documents using an enhanced electronic signature with the obligatory sending of paper copies of such documents.

Let us note that the termination of an employment relationship with a remote worker is formalized by order (either the unified form N T-8, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or its own order form, approved in the prescribed manner by the employer and used in a specific organization, is used). If an employee is dismissed on the grounds provided for in the employment contract, then the order should indicate a specific provision of the contract as the basis for termination of the employment contract.

In the case when an entry was made in the work book when hiring, an entry about the termination of the employment contract must be made in it with reference to the relevant article of the Labor Code of the Russian Federation or to a specific provision of the employment contract and Part 1 of Art. 312.5 Labor Code of the Russian Federation. In a situation where the interaction between the employer and the remote worker is carried out by exchanging electronic documents using enhanced qualified electronic signatures, the employee needs to send an electronic notification in advance that the work book will be sent to him by mail. The employee must express his consent in a response email certified with an enhanced digital signature. After obtaining the employee’s consent, it is necessary to send him the work book by registered mail with notification. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. If for some reason the employee has not received a work book, then, upon his written request, the employer is obliged to issue it no later than three working days from the date of the employee’s application (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

If, by agreement between the employee and the employer, the work book was not drawn up or entries about remote work were not made in it, therefore, when the employee is dismissed, entries about the termination of the employment contract are not made in it.

In addition, an entry about the termination of the employment contract is made in the employee’s personal card, indicating the corresponding grounds (with reference to the specific provision of the employment contract, the corresponding article of the Labor Code of the Russian Federation).

Question. How can a teleworker obtain copies of work-related documents?

A remote worker can apply to the employer to issue a copy of the employment order (transfer to another job, dismissal), an extract from the work book (if entries were made in it), salary certificates, accrued and actually paid insurance premiums for compulsory pension insurance, the period of work with a given employer, etc. (Article 62 of the Labor Code of the Russian Federation). The employer must send duly certified copies of documents to the remote worker no later than three working days from the date of submission of the employee’s application by registered mail with notification or, if indicated in the application, in the form of electronic documents (Part 8 of Article 312.1 of the Labor Code of the Russian Federation).

From April 19, 2013 in labor legislation appeared the new kind workers - remote worker. What kind of employee this is, and who can be registered as a remote worker, and most importantly, how to properly register such an employee will be discussed in this article.

In accordance with Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of a labor function specified in an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under control the employer, subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation.

Remote workers, as can be seen from the definition of work, can be workers who carry out their work not in an office or in a separate department, or even at home (this is the main difference from homeworkers). These workers work in any place where it is possible to access the Internet or provide services. When registering a remote worker, all the facilities where the remote worker will be located (the facilities at which the employee will carry out maintenance work or inspection) are indicated in the employment contract. An example would be a contract with an employee who is located in another city and is engaged in repairs and supervision of elevators or machines for the employer’s clients.

Judging from the definition, remote workers can be engineers, lawyers, translators, journalists, editors, designers, programmers, auditors, etc.). It should be noted right away that a remote worker also differs from a homeworker in terms of the product of labor. Homeworkers produce products that have a natural material form. Remote workers perform work, the result of which does not have a tangible form.

Let's consider a method for concluding an employment contract with a remote worker. When concluding an employment contract with a remote worker, the legislator provided for a number of features. So, in contrast to the main method of concluding an agreement, enshrined in Art. 67 of the Labor Code of the Russian Federation (written form), an employment contract with a remote worker can now be concluded by exchanging electronic documents. In this case, it is mandatory to use enhanced qualified electronic signatures of the parties in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

To sign an employment contract, a remote worker will have to contact a certification center and receive an electronic signature key certificate. It is worth noting that this service is not free. In this situation, it is easier for the employer, because many already have this signature. This certificate will be valid for a certain period. The key can be used in those areas specified in the certificate. If the appropriate area is not listed there, it will need to be added. Details about the procedure for obtaining and the cost can be found on the website of the National Certification Center - http://nca.distate.ru/catalog/

When deciding on the date of concluding an employment contract, it is advisable to put the same date on two copies of the contract, even if the signing of such an agreement took place through the exchange of electronic documents. And the place of conclusion of the employment contract will be the location of the employer.

It is also necessary in the employment contract with a remote worker to provide for the date of entry into force of such an agreement. In this regard, according to Article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided in the employment contract, or the employee actually begins work. But in the current situation, it is advisable to indicate in the contract itself the date of its commencement.

Concluding an employment contract in electronic form does not actually free the employer to transfer the original employment contract to the employee. So now, no later than three calendar days from the date of conclusion of this employment contract, the employer must send the remote worker by registered mail with notification a duly executed copy of this employment contract on paper. This copy is stamped and signed by the employer.

As you know, every employee, when hired, is required to provide the documents provided for in Art. 65 Labor Code of the Russian Federation. But what about a remote worker? After all, he is not in the office at the time of concluding the contract, but may be located at a considerable distance. The legislator also provided for this, so in paragraph 3 of Art. 312.2 of the Labor Code of the Russian Federation states that these documents can be presented to the employer in the form of an electronic document. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper. And naturally, to protect itself, it is advisable for the employer to request notarized copies of these documents.

As for the work book, the legislator made concessions and prescribed a rule according to which an entry about remote work may not be made by agreement of the parties, and if a decision is made to make such an entry, the employee is obliged to provide the employer with a work book in person or send it by registered mail notification letter.

There are also difficulties when hiring a remote worker. Firstly, this is not an excluded obligation of the employer in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation, familiarize the employee with employment documents, as well as with other local acts. In accordance with Art. 312.1 of the Labor Code of the Russian Federation must familiarize the employee with all local acts with which he is obliged to familiarize him. This can also be done by exchanging electronic documents.

Secondly, this is a conflict of legislation when hiring a remote worker. In paragraph 4 of Art. 312.2 of the Labor Code of the Russian Federation is a norm that contradicts federal legislation. Thus, this article states that if an employment contract for remote work is concluded by exchanging electronic documents by a person entering into an employment contract for the first time, this person receives an insurance certificate of state pension insurance independently. And in paragraph 2 of Art. 7 Federal Federal Law No. 27-FZ 01.04.1996 “On individual (personalized) accounting in the compulsory pension insurance system” states that a person who first entered work under an employment contract or entered into a civil law agreement, the remuneration for which is in accordance with according to the legislation of the Russian Federation are charged insurance premiums, receives an insurance certificate of compulsory pension insurance, containing the insurance number of an individual personal account, through the policyholder. And this norm has not changed due to recent innovations.

Probably one of the main questions that may arise when registering a remote worker with an accountant is whether it is necessary to open a separate division? There are no official clarifications on this topic. But judging by the fact that a remote worker works outside the place of a separate unit (judging from the concept provided for in Article 312.1 of the Labor Code of the Russian Federation) and outside a stationary workplace, then the employer does not have an obligation to register a separate unit.

And the last thing that can make life easier for an employer when hiring a remote worker is simplifying the labor protection requirements for such an employee. So in accordance with Art. 312.3 of the Labor Code of the Russian Federation, the employer may not certify the workplace of a remote worker if such an obligation is not directly provided for in the employment contract. And this is primarily due to the fact that the employee in question does not have a workplace as such.

Today, remote work has become a fairly common type of work. In this article, we will take a closer look at how a remote worker should be hired by a company in 2018.

Telecommuting and teleworker

Working at a distance or teleworking involves an employee performing a labor function outside the employer’s location, namely, without a specific fixed location, outside the company’s office. This is the main difference between remote work and regular work, but otherwise there are practically no differences. The employee must also be accepted into the company's staff; he has the same rights as other employees, including deductions for insurance premiums.

In addition, a remote worker has the right to annual leave, maternity leave with payment of the corresponding benefit and for sick leave with payment of sick leave benefit.

Benefits of remote work

The main convenience of such work is that the employee independently chooses the place where he performs his work functions, which means he can work anywhere - in a cafe, at home, and even in transport. Such duties as daily visit he does not have an employer's office. The employer also has advantages of such work. The main advantages are savings on office rent and funds for equipping an employee’s workplace, etc.

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The difference between a remote worker and a home worker

Telecommuting should not be confused with home work. A remote worker can be sent on a business trip, and a specific work schedule can be set for him and this can be stipulated in the employment contract.

A home worker is not subject to the organization’s work schedule. A “home worker” works at home, doing mostly simple work. The employer provides such workers with the necessary equipment or materials.

Unlike remote workers, homeworkers are required to submit documents to the HR department in person; remote workers can do this in person and by e-mail, or by registered mail.

You can conclude an agreement with him at a distance, but with a home worker this can only be done in person.

Important! A remote worker can obtain an electronic signature; to do this, you need to contact a certification center with a certain package of documents.

Having concluded an employment contract with a remote worker, a copy of it must be sent by registered mail with notification to the employee. This must be done within 3 days from the date of signing the contract, and the contract is sent only on paper.

How to hire a remote worker

To register as a remote worker, you will need to receive from him a package of the following documents:

• Employment history;
• Passport;
• Military registration document;
• SNILS;
• Diploma, certificate and other documents confirming the employee’s qualifications.

The employee can send the listed documents by e-mail, with each signature certified by an electronic signature.

Important! A remote worker may not present a work book. In this case, the employment contract should indicate that no entry about the employee’s hiring was made in the work book.

The procedure for registering a remote worker is no different from registering a regular employee and consists of the following steps:

• Familiarization of the employee with the company’s regulations;
• Conclusion of an employment contract;
• Issuing an employment order;
• Registration of a personal card for an employee;
• Making an entry in the work book.

The company's local regulatory acts include labor regulations, regulations on wages and bonuses, job descriptions, etc. The employee must be familiarized with them before concluding a contract with him, so copies of such documents are sent to the remote worker. The future employee must confirm the fact of familiarization with an electronic signature in the response letter. Only after this can an employment contract be drawn up with the employee.

Employment contract with a remote worker

One of the conditions specified in the contract is the place of work. The contract with a remote worker must indicate that the work is remote, and the employee’s home address can be indicated as the address. If the employee does not want to indicate his address, or it is impossible to indicate his address, then he can indicate the employer’s address as the place of conclusion of the contract.

Let's consider the main conditions that must be contained in the contract with a remote worker:

• Deadlines for completing the work, as well as preparing reports on the work done;
• Confirmation period for electronic or registered letters;
• The period of time when the employee remains in the access area via the specified communication channels;
• The procedure for document flow with the employer;
• Conditions for termination of the contract at the initiative of the employer.

When hiring an employee for a certain period of time, this should be recorded in the contract.

Important! You cannot enter into a contract for remote work with an employee living abroad!

Order on remote work

After concluding an employment contract, the employer issues an order for employment. The order can be issued using a unified form, or you can develop the form yourself. The remote worker contract is indicated as the basis, and the remote nature of the work is indicated as the condition of employment and the nature of the work.

Important! The remote worker should be familiarized with the order. To do this, the order is sent to him by email, to which the employee must respond with confirmation.

When an employee is not accepted for remote work, but is transferred, you need to use another form of order T-5. It is issued if changes in the nature of the work occur with the consent of both parties. In this case, you first need to draw up an additional agreement to the main contract with the employee, and then issue an order based on it.

Work book for a remote worker

The work book cannot be filled out electronically; it is transmitted to the employer in the original. If a remote worker wants an entry in the work book, he sends it to the employer by registered mail, or personally comes to the office.

Hiring a remote worker has many features. Therefore, when applying for a job, you may have a number of questions. For example: is it necessary to invite a remote worker to the office to sign all the papers with him, or will it be possible to do this at a distance, especially if he lives in another city? How to get a work book? Please note that the procedure for hiring remote workers is clearly stated in the Labor Code of the Russian Federation. Let's look at this in more detail.

Get the necessary documents

Before concluding an employment contract on remote work conditions, the candidate for the position must be asked for the documents listed in Article 65 of the Labor Code of the Russian Federation. Based on them, the appointment of a remote worker is arranged. Here full list these papers:

1. Passport or other identification document.
2. Employment history. But only if the remote worker wants you to make a hiring entry.
3. Pension Fund insurance certificate. Even if the applicant is getting a job for the first time, he must apply for an insurance card on his own.
4. Military registration documents (for those liable for military service and employees who may be drafted into the army).
5. Documentation of education, qualifications or special knowledge, if required to perform the job.
6. A certificate of no criminal record, if without it it is impossible to hire a person.

Let's note one important detail. To sign an employment contract, you can first ask the employee to send documents electronically, signing them with an enhanced qualified signature. And later, at your request, he is obliged to duplicate the papers by mail. However, the employee will need to have paper copies of documents certified by a notary and send them to you by registered mail with notification.

Obviously, a remote worker will have to spend money on purchasing an electronic signature. And by law the company is not obliged to reimburse such expenses. But of course, if you wish and by agreement, you can do this.

Advice
The employer is not obliged to purchase an electronic signature for the employee at his own expense. However, an employment contract for remote work can include a provision that the company will compensate the future employee for the costs of signing. At the same time, you cannot refuse to hire just because the applicant does not have an electronic digital signature at the time of employment.

As a general rule, an employment contract comes into force from the day it is signed by the employee and the company. Let’s assume that the parties have stipulated in the agreement that they will exchange documents between themselves only in electronic form. Then such a contract will begin to operate only after its electronic version is endorsed by both parties with enhanced qualified electronic signatures. That is, if the candidate does not sign the agreement with an electronic signature, then labor Relations will not take place.

Diana Konkova, advisor civil service 2nd class

So, how can the set of documents used for hiring a remote worker differ from what you receive from applicants who will work in the office? We'll tell you.

A remote worker must provide an insurance certificate from the Pension Fund of Russia, even if he is employed for the first time. If a remote employee has never worked anywhere before, he will need a certificate of pension insurance.

For ordinary employees in such a situation, the certificate is issued by the company. But the remote specialist will have to take care of the document himself. This clarification is in Article 312.2 of the Labor Code of the Russian Federation.

And the main thing here is that the employee does not delay in obtaining the certificate. Otherwise, you may have problems with pension reporting. After all, if an employee does not receive a Pension Fund card on time, then you will not be able to fill out personalized information for him. The verification program will generate a fatal error (it is technical).

To avoid difficulties when submitting reports, the easiest way is not to enter into an agreement with the remote worker until he receives a certificate from the fund. According to Article 65 of the Labor Code of the Russian Federation, the future employee must present a pension certificate when concluding a contract. If there is no certificate, then by concluding an employment contract without it, you will violate the law.

You don’t have to request a work book if the remote worker doesn’t need a record of work in your company. At the request of the remote employee, an entry in the work book about remote work may not be made. In this case, the document confirming the length of remote work experience will be an employment contract.

Please note: such a desire of the employee must be secured in an employment contract or a separate agreement. You can see the wording of this condition in the sample contract (1).

Later, the employee has the right to request an entry in the work book. If the employee wants you to make an entry in his work book, then ask him to send it to you by registered mail with notification. What should you do if an employee has never worked anywhere before, but wants to create a work book and make an entry in it? Then you will have to fulfill his request and draw up a work book for the new employee yourself.

Familiarization of the remote worker with the local regulations of the company

Before an employee signs an employment contract, he must also be familiarized with the internal regulations of the company, job description, orders of the manager, collective agreement. In other words, with all the local regulations of the company that the employee will need to work.

How to transfer these documents to the remote worker? Simply send copies of all these documents electronically, signing them with the enhanced qualified signature of the director or other authorized officer of the company. And the remote worker must familiarize himself with the papers and then sign them with an enhanced electronic signature.

Signing an employment contract

Let's start with the fact that in the employment contract (see sample above) it must be explicitly stated: the work will be remote (2). This is important for this reason.

If you hire a remote worker, your company will not have a new stationary workplace. This means that there will be no disputes over whether it is necessary to register a separate division. This does not need to be done, as is directly stated in Article 312.1 of the Labor Code of the Russian Federation. Plus, since there is no permanent workplace, there is no obligation to conduct a special assessment of working conditions in relation to it.

In the employment contract, indicate that the parties entered into it at the location of the company (3). By the way, keep the same thing in mind for the future if you have to sign additional agreements to the employment contract with the remote worker.

You will sign the employment contract both electronically and in paper form. Therefore, do not forget about the “Signatures of the parties” (4).

After you have drawn up the text of the employment contract on remote work, endorse it with the strengthened, qualified signature of the director of your company. In this form, send the document to the applicant electronically. The employee must also sign the document with an enhanced digital signature (Article 312.1 of the Labor Code of the Russian Federation).

After this, one copy of the agreement, in paper form, must be sent to the new employee by registered mail with notification. You will have three calendar days to do this from the moment the employee signs the agreement with an electronic signature.

Order for admission to remote work

Now that you have signed an employment contract with the remote worker, you need to issue an order from the manager about hiring. This general rule is spelled out in Article 68 of the Labor Code of the Russian Federation. It also applies to those who will work at a distance. The order is one of the main documents used to formalize the hiring of a remote worker.

You can draw up an order for employment using the unified form No. T-1. Or you can use a self-developed form.

It will be more convenient to use your order form, since in it you can immediately provide additional information about the conditions of remote work. You will endorse the order with a digital signature, send it to the employee, and he will respond with his electronic signature.

Certificates of incapacity for work for remote workers

We told you how to sign an employment contract with a remote worker and exchange other important personnel documents with him. But that is not all. In the process of interacting with a remote worker, you may need other documents from him for settlements with him. Moreover, not everything can be sent via the Internet - there are some that must be received strictly in the original.

For example, a certificate of temporary incapacity for work. Pay sick leave only if the employee sends you the original document, and by registered mail with notification. To promptly note that an employee is on sick leave, include in the employment contract special item about how long the remote worker will report an open certificate of incapacity for work (5).

Important!

1. An employment contract for remote work can be signed electronically. But after this, you will have to send a paper copy to the employee within three calendar days.

2. In the order for hiring a remote employee, it is important to clarify that the work is remote.

Many companies have long been convinced of the real benefits of hiring remote workers, but literally until recently there was no legal framework for official labor relations. How to properly register remote employees for work, what is important to take into account in employment contracts, and how to avoid financial risks - says IPK legal expert Tatyana Shirnina.

In 2013 Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) was supplemented by Chapter 49.1 “Features of regulation of labor of remote workers.” These innovations were due, among other things, to the high development information technologies. And in practice, the principle of remote work has been applied for a long time, but only legal regulation for a long time did not have.

Today, specialists with at different levels qualifications: engineers, lawyers, accountants, translators, journalists, editors, designers, programmers, auditors. Despite the fact that remote work is already an established phenomenon in Russia, the questions are not decreasing. Let's try to answer some of them.

So, first of all, let's look at the main question:

How to formalize an employment relationship with a remote worker?

Your main assistant will be the Labor Code, namely the above-mentioned Chapter 49.1, which, by the way, provides for two options for concluding an employment contract:

1) an employment contract with a remote worker can be concluded by visiting the employer’s office in person;

2) an employment contract with a remote worker can be concluded by exchanging electronic documents. This option can only be used if the parties have enhanced qualified electronic signatures.

When hiring a remote worker, the list of documents required to conclude an employment contract is no different from the general list provided for in Article 65 of the Labor Code of the Russian Federation. Just one nuance: if an employment contract for remote work is concluded by exchanging electronic documents with a person entering into an employment contract for the first time, this person receives an insurance certificate of compulsory pension insurance independently.

The employer’s obligation to familiarize employees with the documents before signing an employment contract also remains. The method of familiarization depends on how the interaction between the employee and the employer takes place: by exchanging electronic documents (here we remember about an enhanced qualified electronic digital signature) or by directly visiting the employer’s office.

Terms of an employment contract with a remote worker

When drawing up an employment contract, you must be guided by Article 57 of the Labor Code of the Russian Federation. But since this special kind labor activity, the text of the contract must reflect that the work is performed remotely.

In addition, there are other special conditions of the employment contract with this category of workers. One of the mandatory conditions is to indicate the place of work and there are no exceptions for remote workers in this part. However, how can we indicate it if we do not know in what place the employee will perform his work function today and tomorrow?

Let's turn to article 312.1. Labor Code of the Russian Federation:

“Telework is the performance of a labor function determined by an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another locality), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, with provided that public information and telecommunication networks, including the Internet, are used to perform this job function and to carry out interaction between the employer and the employee on issues related to its implementation.”

According to representatives of Rostrud (Letter of Rostrud dated October 7, 2013 No. PG/8960-6-1 “On determining the place of work of a remote worker”), an employment contract for remote work must contain information about the place of work where the remote worker directly performs the duties assigned to him with an employment contract. Of course, the explanation of Rostrud does not equate to regulatory legal acts. However, the State Labor Inspectorate is its territorial body, therefore, the policy will be similar. That is, if the employment contract with a remote worker does not contain such a condition as “place of work,” the company may be brought to administrative liability under Part 3 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

So where to look for the answer? The reference may be a letter from another federal body executive power- Ministry of Finance of Russia dated 08/01/2013 N 03-03-06/1/30978, which draws a conclusion from the definition of remote work given in Art. 312.1 Labor Code of the Russian Federation: for an employee a place permanent job is its location.

Perhaps we should agree with this opinion. After all, it is logical that the place of work of the “remote worker” is the place of his actual location at the time of performing his work function.

Working conditions in the workplace

As is known, working conditions in the workplace are determined based on the results of a special assessment of working conditions. But how can an employer describe these factors if the employee can move around every day? different corners Earth?

In fact, the legislator has provided exceptions regarding the mandatory special assessment of working conditions for certain categories of workers. These included remote workers (Part 3, Article 3 of the Federal Law of December 28, 2013 N 426-FZ “On Special Assessment of Working Conditions”). Consequently, since there is no need to conduct a special assessment of working conditions, the employer is automatically relieved of the obligation to stipulate in the employment contract with a remote worker such items as: “guarantees and compensation for work with harmful and (or) dangerous working conditions” and “working conditions at the workplace” place."

Operating mode

Here is another important question: how to arrange a work schedule when remote control? It all depends on how important the employer is to the time frame within which the employee will perform his work function. This is also due to the way in which working time is recorded: the employer will keep it independently or will entrust the employee to record hours of work by self-reporting.

One option is to provide for remote employees the usual working hours adopted by the company. For example: “An employee is given a 40-hour, five-day work week, with two days off. The employee is given working days from Monday to Friday, working hours from 9:00 to 18:00, a break for rest and food - 1 hour from 12:00 to 13:00, which is not included in working hours and will not be paid. Saturday and Sunday are days off."

The second option (if it is not important in what period of time the work will be performed) is to set the employee, for example, a 40-hour five-day working week, with two days off. Indicate which days are considered working days and which days are considered weekends. Regarding the start and end times of the working day, as well as breaks for rest and food, state that they are set by the employee independently. In this case, you can write like this: “Duration of one working day: no less than 5 hours and no more than 9 hours per day. The duration of the break for rest and food is 1 (one) hour, which is not included in working hours and is not paid.”

Additional features

From the above, we can conclude that it is necessary to consolidate the methods of interaction between the employee and the employer. It is recommended that the employment contract additionally specify means of communication ( mobile phone, email, Skype, etc.) that will be used by the employee and the employer, and the time during which the employee must answer the call, incoming message/call back/write a message/get in touch.

Whatever operating mode you specify in official documents, remember: a teleworker may be located in a location with a different local time. Therefore, when determining the operating mode, indicate time zones. Otherwise, it may happen that if you get in touch with an employee at 8:00 Moscow time, you will never see him. After all, if he ends up, say, in New York, it will be late at night - 00:00.

Don't forget about your vacation

Part 2 art. 312.4 of the Labor Code of the Russian Federation obliges employers to prescribe the procedure for providing remote workers with annual paid leave and other types of leaves in the employment contract.

What else should be included in the employment contract with a “remote worker”?

It is recommended to clearly state what equipment (software and hardware) the employee will use when performing his or her job function, who provides it, what actions the employee needs to take, and within what time frame the employer must be informed about breakdowns or technical malfunctions. If the employee will use his own equipment (for example, a laptop, telephone, etc.), the employment contract should additionally regulate the procedure and timing of payment of compensation for its use.

In order to track the quality and quantity of work performed, you can additionally prescribe the procedure, timing and form for the employee to submit reports on the work performed.

Of course, as with any relatively convenient option, remote work has pitfalls.

1) When hiring a remote worker to a company, interviews are often conducted via Skype or email. In this case, the employer bears the risk of incompletely and unreliably assessing the specialist’s business qualities. Agree, in home environment when there is a lot around reference material(books, manuals, Internet), passing the interview is much easier.

2) Since remote work involves the possibility of electronic document management, including the signing of an employment contract, certain difficulties may arise. For example, an employer signed an employment contract and sent it to an employee, but the employee did not return the signed document and kept all copies or sent a scanned copy.

Unfortunately, due to simple carelessness in the event of a legal dispute, the terms of the employment contract may be considered inconsistent with all the ensuing consequences. Therefore, remember: the employment contract must be signed by both parties with an enhanced qualified electronic digital signature or a “live” signature on paper.

3) The question of control remains open, namely, how many hours a day a person works. That is, interaction must be clearly regulated, otherwise the employer will never know how long the remote worker worked on a given day - 8 hours or just 2 hours.

4) When an employment contract is terminated at the initiative of an employee, the employer often receives a scan of his resignation letter. However, based on the existing judicial practice, the courts do not recognize a scanned application as evidence, indicating that the employee’s will to dismiss must be expressed either in writing with the employee’s “live” signature, or signed with an enhanced qualified electronic digital signature.

5) From the point of view of the procedural code, it is not entirely clear from what moment an employee has the right to go to court to restore violated rights.

Here is a practical example. The Moscow City Court, in the Appeal ruling dated January 20, 2015 in case No. 33-1146/2015, found that on May 21, 2014, the plaintiff received a dismissal order by email, printed it out, put his signature on it and also sent this order by email to the defendant. Thus, the plaintiff received a copy of the dismissal order on May 21, 2014 and from that date he knew about his dismissal, and was not deprived of the opportunity to apply to the court for reinstatement before the expiration of one month. However, the plaintiff went to court on July 7, 2014, that is, he missed the one-month deadline.

Thus, for calculating the time limit for appealing the employer’s actions, it is the employee’s awareness of the violation of his rights that matters, including the receipt of an electronic copy of the order and the employee’s subsequent actions.

Of course, it is often convenient for both employees and employers to use the format of remote collaboration, but please note that not all specialists can be hired remotely. For example, this applies to those whose result of labor is expressed in material products. This, by the way, is one of the differences between remote workers and homeworkers.

Another interest Ask arising in practice: Can all employees in small companies work remotely?

The legislation not only does not contain restrictions on the number of employees employed remotely, but also does not define the list of positions that cannot be filled in this form. For example, if this is an online store, why not arrange for everyone to work remotely? There is only one condition: the nature of the duties performed must correspond to the definition of remote work (Article 312.1 of the Labor Code of the Russian Federation), namely:

a) performing a labor function outside the employer’s location;

b) performing a labor function outside a stationary workplace, territory or facility directly or indirectly under the control of the employer;

c) use of public information and telecommunication networks, including the Internet, to perform work functions;

d) interaction between the employer and employee on issues related to the performance of labor functions, public information and telecommunication networks, including the Internet.

That is, if we objectively consider the possibility of such an organization of work, we must again take into account that not all categories of employees, as noted above, can work remotely. As a rule, “distance workers” are intellectual workers. Therefore, it is still quite difficult to imagine a company where only “distance workers” actually work. Secondly, it is difficult to imagine how complex the paperwork with documents is, and what the huge risks of losing them during the electronic exchange process are.

On this moment There is no judicial or inspection practice on this issue, so what assessment the authorized bodies can give to such an organization of work can only be guessed at.

As rightly noted in explanatory note to the bill on amendments to the Labor Code of the Russian Federation regarding the regulation of the labor of remote workers, “ modern development economy is impossible without productive employment, which is a derivative of an effectively functioning flexible labor market that allows you to quickly respond to economic challenges.”

Of course, remote work has many advantages, for example:

• reducing the employer's costs for renting premises and organizing workplaces;
• saving time, energy and money for the employee due to the absence of transport problems - delivery to the workplace and back;
• increase in labor productivity when it is organized in accordance with the desire of the employee in more comfortable conditions.

Remote work increases business activity and employment of the population, since people have the opportunity to work without leaving home or another convenient location. The benefits for employers are obvious: to attract workers without the cost of equipping workplaces, and at the same time receive income from their productive activities.

Tatyana Shirnina, Leading Lawyer, Labor Law Department