1) "a signature for a remote worker must be issued if the work is related to the signing of documents", do I understand correctly that an electronic signature is not needed to sign orders, an employment contract and other personnel documents? If so, is it possible to send original documents by mail to sign them? when should documents be sent? 2) is it possible to register an employee for remote work if he works in the region (at home), performing part of the functions (sales) outside the home (by car).

Answer

Answer to the question:

1) "a signature for a remote worker must be issued if the work is related to the signing of documents", do I understand correctly that an electronic signature is not needed to sign orders, an employment contract and other personnel documents?
If so, is it possible to send original documents by mail for signing? When should the documents be sent?

An electronic signature is not required. Sending documents by mail is possible. Only in the event that only a remote worker (or a person who is just entering remote work) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law.

Documents must be sent on time so that there are no violations of familiarization with them in accordance with the norms of the Labor Code of the Russian Federation.

2) is it possible to register an employee for remote work if he works in the region (at home), performing part of the functions (sales) outside the home (by car). Thank you!

On this issue, an analysis of the employee's labor function is required: if the work is associated with constant business trips, then it is rather necessary to draw up the traveling nature of the work. If this employee will perform the labor function through the means of telecommunications of the employer and other persons, then you can arrange remote work.

At the same time, according to Art. 312.1 of the Labor Code of the Russian Federation remote work is the performance of a labor function defined 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 , subject to the use for the performance of this labor function and for the interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet. However, there are no restrictions on the place of residence of a remote worker in Sec. 49.1 of the Labor Code of the Russian Federation no. Consequently, a remote worker - a citizen of the Russian Federation can live and work remotely where it is convenient for him. At the same time, the legislation does not oblige either the employee or the employer to track the place of work of a remote worker.

Thus, it can be said that traveling nature and remote work are completely different concepts. Therefore, logically speaking, a remote worker cannot have a traveling nature of work.

As for business trips, the current legislation does not contain any restrictions on sending a remote worker on a business trip.

Therefore, you need to either arrange remote work with business trips, or the traveling nature of the work (depending on what specific functions you plan to give the employee).

With regard to the business trip, we note the following:

Business trip - an employee's trip by order of the employer for a certain period of time to perform an official assignment outside the place of permanent work (Article 168 of the Labor Code of the Russian Federation).

As a general rule, when sending an employee on a business trip, it is not necessary to issue a memo. But if the management of the organization considers the preparation of such notes appropriate, this rule can be fixed by a local document (clause 3 of the regulation approved by the Decree of the Government of the Russian Federation of October 13, 2008 No. 749). For example, by order of the director or Regulations on business trips. The development of such documents is not prohibited. A memo can be drawn up in any form.

A memo must be issued only if:

• the employee goes on a business trip or back to personal, rented or official transport. In such a situation, the actual period of stay at the place of business trip must be indicated in a memo, which the employee, upon returning from a business trip, submits to the employer along with supporting documents confirming the use of transport: a waybill, bills, receipts, cash receipts, etc.;
• upon returning from a business trip, the employee does not have any documents at all confirming travel and accommodation on a business trip. In this case, the employee draws up a memo upon returning from a business trip, which must contain confirmation of the receiving party about the time of arrival of the employee to the place of business trip and departure back. To it he attaches a document in which the host organization confirms that he was at that time at the place of business trip.

This is stated in paragraph 7 of the Regulations, approved by Decree of the Government of the Russian Federation of October 13, 2008 No. 749.

Please note that when providing an employee with a company car (or using a personal one), the organization must have an order for the employee to combine the profession (position) of the driver, and in the employment contract a clause stating that he himself drives the car and an additional payment for this.

The duties of an employee who is not a driver cannot include the obligation to drive a car, since such an obligation relates to the labor function of a car driver.

If the expansion of duties leads to a change in the labor function, then the employer must obtain the written consent of the employee to perform additional work, establish an additional payment.

About pre-trip and post-trip medical examinations:

The legislation establishes the features of labor regulation of transport workers. To employees whose work is directly related with vehicle control, include, in particular, car drivers.

These features include in particular:

• mandatory preliminary medical examinations when applying for a job (part 1 of article 213 of the Labor Code of the Russian Federation);
• mandatory periodic medical examinations. If the driver is under 21 years old, then he undergoes such inspections annually (part 1 of article 213 of the Labor Code of the Russian Federation, paragraph 1 of article 23 of the Federal Law of December 10, 1995 N 196-FZ);
• pre-trip and post-trip health checks(Clause 1, Article 23 of the Federal Law of December 10, 1995 N 196-FZ, Article 213 of the Labor Code of the Russian Federation).

In accordance with Part 2 of Article 212, Part 6 of Art. 213 of the Labor Code of the Russian Federation, medical examinations (examinations), including mandatory preliminary examinations, in cases provided for by labor legislation and other regulatory legal acts containing labor law norms, are carried out at the expense of the employer.

Pre-trip medical examinations are required for all employees performing work related to the movement and management of vehicles (clause 3 of article 23 of the Law of December 10, 1995 No. 196-FZ).

Post-trip medical examinations are required to pass only those drivers whose work is related to the transportation of passengers or dangerous goods (paragraph 3 of article 23 of the Law of December 10, 1995 No. 196-FZ).

For violation of the procedure for conducting mandatory pre-trip and post-trip medical examinations of drivers, the organization and its officials may be fined (Article 11.32 of the Code of Administrative Offenses of the Russian Federation). In addition, administrative responsibility is provided for the admission to work of a driver who has not passed the appropriate mandatory medical examination (parts 3 and 5 of article 5.27.1 of the Code of Administrative Offenses of the Russian Federation).

Thus, based on the above, we can summarize:

1. A remote worker should not document the traveling nature of the work;

2. When providing an employee with a company car (using a personal car for official purposes), a combination must be issued for him, such an employee must undergo medical examinations that are provided for drivers;

3. Remote work and work as a driver are incompatible concepts, and therefore it seems impossible to apply for a combination of the position of a driver to a remote worker, since the concept of remote work implies the performance of a labor function using and for the implementation of interaction between the employer and the employee on issues, associated with its implementation, public information and telecommunication networks, including the Internet;

4. A remote worker can be sent on a business trip and provide the employee with a company car, but in this case, the employer needs to arrange a combination for the employee for this period, as well as organize medical examinations.

Details in the materials of the System Personnel:

1. Answer:How to apply for a job as a remote worker

The concept of remote work

What is meant by remote work?

Remote work is the performance of a labor function:

• outside the location of the employer (branch, representative office, other separate structural unit, including those located in another area);
• outside the stationary workplace;

• outside a territory or facility directly or indirectly under the control of the employer.

At the same time, in order to perform work and carry out interaction, the employer and employee use public information and telecommunication networks, including the Internet.

Remote employees are individuals who work remotely.

Such rules are established in parts, Article 312.1 of the Labor Code of the Russian Federation.

With remote employees, which means that such employees are.

The conclusion of remote labor relations with employees who will work abroad, according to Russian legislation.

For more on the similarities and differences between remote work and home work, see .

Question from practice: is it possible to conclude an employment contract for remote work if the employee lives in the same city where the organization is located

Yes, you can. A distinction must be made between remote work and home work.

For more information about the differences between home and remote work, see.

Question from practice: is it possible to conclude an employment contract on remote work if a Russian or foreign citizen will perform his work abroad

It is not recommended to conclude employment contracts for remote work in the described situation. In such cases, it is optimal to conclude a civil law contract.

The Labor Code of the Russian Federation does not provide for the possibility of concluding an employment contract with an employee who will actually perform work abroad. At the same time, the status of the employee is not important: a citizen of Russia, a foreigner or a stateless person.

The fact is that the employer is obliged to provide all his employees, including remote ones (). At the same time, the regulatory documents of the Russian Federation, which contain labor standards, are valid only on the territory of Russia (). Thus, it is neither formally nor legally possible to provide safe working conditions for remote employees working abroad. Therefore, it is recommended to conclude with such employees.

Such explanations are also given by specialists of official departments in letters and.

Regulatory regulation

What documents regulate the work of remote employees

Remote employees are subject to general labor laws. At the same time, labor relations with such employees have their own characteristics, which regulate:

• Labor Code of the Russian Federation;
• in terms of regulating the procedure for obtaining an electronic signature and the exchange of electronic documents between an employee and an employer.

Recruitment

How is the transfer and execution of documents when accepting a remote employee

For its part, the employer, even before the conclusion, must familiarize the employee with local acts (, etc.). This can be done by exchanging electronic documents with an electronic signature between the employer and the remote employee. This follows from the provisions of Article 312.1, Article 312.2 of the Labor Code of the Russian Federation, Law of April 6, 2011 No. 63-FZ.

Question from practice: does a separate division arise at the place of work of a remote employee

No, it doesn't.

Labor contract

How to draw up an employment contract with a remote employee

The relationship between the remote employee and the employer regulates (Art. , Labor Code of the Russian Federation). When applying for it, be guided by, as well as special rules that relate to labor relations with remote workers (). In particular, in an employment contract with a remote worker, you can additionally specify:

• the procedure and deadlines for submitting reports on the work performed;
• information about software and hardware, information security tools, equipment that should be used in the course of work. All these funds can be provided by the employer, then the contract must specify the procedure and terms for providing the employee with such equipment, as well as the procedure for its return upon termination of the contract. In addition, the terms of the contract may provide that the employee uses his own or leased funds, then it is appropriate to prescribe in the contract the procedure and terms for paying compensation for such use;
• the procedure for reimbursement of other expenses associated with the implementation of remote work (for example, expenses for the Internet, telephone communications);
• to terminate the employment contract at the initiative of the employer.

Specify the location of the employer as the place of conclusion of the employment contract for remote work.

An employment contract for remote work, and subsequently additional agreements to it, can be concluded by exchanging electronic documents with electronic signatures between the employer and the employee. At the same time, no later than three calendar days from the date of conclusion of the contract, the employer must send a paper copy of the contract to the employee by registered mail with notification.

Such rules are provided for in the articles of the Labor Code of the Russian Federation, the Law of April 6, 2011 No. 63-FZ.

Question from practice: is it necessary to indicate the place of work in an employment contract with a remote employee

Yes, you do, if possible.

The place of work is a prerequisite of the employment contract (). This means that in the employment contract for remote work, in the general case, it is necessary to indicate information about the place of work at which the remote employee directly performs the duties assigned to him by the employment contract. Rostrud also gives similar explanations. As a place of work, you can specify both your home address and any other place where the work process will actually take place.

At the same time, based on the definition, in some cases it is not possible to indicate the place of work in the contract with the distance worker for objective reasons. For example, in the case when an employee performs a labor function outside a stationary place and any specific territory. There is no reason to indicate the Internet as a place of work, since it is a means of performing a labor function, and not a place of work. In this case, it will be enough to reflect only in the employment contract with the distance worker.

The order of acceptance to work

How to apply for a remote worker

Issue an order for hiring a remote employee in. You can familiarize the employee with it by exchanging electronic documents with electronic signatures between the employer and the remote employee ().

Employment history

How to issue a work book for a remote employee

Insurance pension certificate

How to issue an insurance pension certificate for a remote employee

If an employee first gets a job, then the employer is obliged (). When hiring a remote employee, a special procedure applies. The employee independently applies to the territorial branch of the Pension Fund of the Russian Federation and receives a certificate (). The employee sends the information about the received certificate to the employer in electronic form, as well as that the employee presented when applying for a job ().

Working mode

How to set the work mode for a remote employee

The remote employee sets the mode of working time and rest time at his own discretion. But if the nature of the work requires the employee to perform work on certain days or hours, then the specific mode of work should be fixed in the employment contract or an additional agreement to it. This conclusion follows from the totality of the provisions of the articles, the Labor Code of the Russian Federation.

Filling out the timesheet

Question from practice: how to keep a time sheet for a remote worker

The legislation does not provide a clear answer to this question.

Vacation

How to grant leave to a remote worker

Provide annual and other types of vacations to remote employees by, while fixing the procedure for providing (types, duration) in ().

Occupational Safety and Health

What obligations in the field of labor protection the employer must fulfill in relation to remote employees

In order to ensure safe conditions and labor protection for remote workers, the employer is obliged to:

• investigate and take into account what is happening with remote employees and;
• comply with the instructions of the state labor inspectorate;

• carry out compulsory social insurance of remote employees against industrial accidents and occupational diseases;
• familiarize remote employees with labor protection requirements when working with equipment and means recommended or provided by the employer for work.

The employer is not obliged to comply with other obligations to ensure safe conditions and labor protection in relation to remote employees (for example, provide overalls, teach safe methods and techniques for performing work, etc.), unless otherwise provided by the employment contract.

This procedure follows from the provisions of the articles and the Labor Code of the Russian Federation.

Document flow features

What are the features of the exchange of documents with remote employees

If a remote employee needs to apply to the employer with a statement, provide explanations or transfer other information, then he can do this in electronic form, certifying his appeal with an electronic signature.

Also, a remote employee may need. Then the employer should send such copies by registered mail with notification, unless the application expressly states that the documents can be provided electronically. In any case, copies must be sent no later than three working days from the date of receipt of the request from the employee.

A remote employee has the right to receive all insurance payments on a general basis:, etc. To receive them, the employee sends the employer the relevant original documents: certificates of incapacity for work, certificates, etc. by registered mail with notification.

Documentation of dismissal

How to document the dismissal of a remote employee

If there are no special conditions for dismissal on an additional basis in the employment contract, then with a formal approach, we can conclude that it is not necessary to notify the employee in advance. However, the employee may not agree with this approach and file a suit for the legality of the dismissal. In turn, the courts in this dispute may not support the employer and recognize the dismissal procedure as discriminatory (). Therefore, in order to avoid controversial situations, if the employer establishes an additional reason for dismissal, then he should not only clearly state the basis itself, but also specify the dismissal procedure. For guidance, use the principles and approaches to .

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Svetlana Gorshneva,

Expert Systems Personnel

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 employees and terminating the employment contract with them. You will learn about what documents should be issued, how the employee and the employer interact, and about other features of remote work.

Recently, employers are increasingly thinking about involving remote employees in the work process. This became especially relevant after the introduction of Chapter 49.1 "Peculiarities of regulating the work of remote workers" in the Labor Code of the Russian Federation. Finally, the legislator recognized that it is possible to work effectively in various ways, and not only at the location of the employer.

Of course, far from everyone can work remotely, but mostly those who have self-discipline, self-control, are responsible and able to plan their working time, but for some reason cannot work on the territory of the employer. Such employees are a godsend for the employer. Of course, for both sides of the employment relationship there is a certain benefit in working at a distance.

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 defined 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 , subject to the use for the performance of this labor function and for the interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet.

Based on this definition of remote work (it is also called "remote work"), its main features can be distinguished. 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 cafes, in special coworking centers, in transport, outside the city, abroad, etc.

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

By and large, for the employer in hiring remote workers, there are the following advantages:

– the absence of the obligation to organize a workplace allows to reduce the cost of renting premises for workplaces (including payment for utilities, communication services, expenses for maintaining premises, etc.), appropriate furniture, equipment and machinery;

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

- the possibility of more flexible communication with the employee outside the working hours allows you to increase productivity and labor 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 the 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;

- the possibility of independent organization of their working and free time, while observing only the agreed deadlines for the performance of work, improves its quality;

- the ability to work without leaving 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 the dress code and the appearance of the employee, lunches and other attributes of office life appropriate for work, 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 possibility of working for several employers at the same time allows the employee to "get away from the routine" and grow professionally in different areas.

However, remote work has more than just advantages. For the employer, the disadvantages of using remote work are mainly in the absence of the opportunity to:

— directly control the work of a remote worker;

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

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

— demand urgent performance of work, which involves communication by phone, e-mail, etc., if there have been technical communication problems;

- bring the employee to disciplinary responsibility on the basis of non-compliance by the employee with the internal labor regulations and other provisions in force in the organization aimed at strengthening labor discipline;

- track the leakage of information constituting the trade secret of the organization.

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

- full communication with colleagues at work and, as a result, being "outside society";

- "social package" associated with working on the territory of the employer, for example, if the employer provides other employees with free meals during their lunch break.

Note. In this vein, let's talk about the advantage of remote work over work under a civil law contract (for an employee). Thus, if there is an employment contract with a remote worker, the guarantees provided for by labor legislation apply to him, in contrast to work under a civil law contract (civil law does not provide for any social guarantees when providing services or performing work), including social benefits and benefits 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 the civil law contract, which each of the parties can terminate at any time, notifying about it within the period specified in the contract, without explaining the reasons.

Who can work remotely?

As indicated in Part 2 of Art. 312.1 of the Labor Code of the Russian Federation, persons who have concluded an employment contract on remote work are considered remote workers. The law does not define specific categories of persons who can work remotely. That is, 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 uncomfortable working in a different way or who, due to various circumstances, cannot work on the territory of the employer, work remotely. Remote work is primarily suitable for people with disabilities, people 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. So, homeworkers, as a rule, perform work that does not require qualifications or special skills. Their work consists mainly in the manufacture of some material product, for which the employer provides them with materials, raw materials, semi-finished products or reimburses the corresponding costs. Homeworkers may even involve family members in the work. At home, for example, you can make toys, design interior items, knit clothes, make soap, cook pastries, etc. That is, for a home-based worker, by and large, the final result of work is important. Payment for home-based work is, as a rule, piecework. In addition, the employment contract is concluded only in paper form.

Remote workers often perform intellectual work that does not have a material result (the result here is information processed in a special way) through the use of modern communication technologies. Moreover, this work, as a rule, is carried out by exchanging 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 which wage system the employer has. For employment, such employees can send documents to the employer and conclude an employment contract in electronic form.

Recruitment for remote work

The hiring of a remote employee consists of the same stages as the hiring of any other workers, but with some exceptions provided for in Ch. 49.1 of the Labor Code of the Russian Federation. So, as a general rule, the employer must carry out the following actions:

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

- draw up an employment contract;

- issue a job order;

- 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 of the employer.

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

Employment contract with a remote worker

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

First, it must specify, among other mandatory conditions:

- place of work (Article 57 of the Labor Code of the Russian Federation, letter from Rostrud dated 07.10.2013 N PG / 8960-6-1);

- the mode of working time and rest time (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);

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

- the procedure for granting annual paid leave and other types of holidays (part 2 of article 312.4 of the Labor Code of the Russian Federation).

In addition, additional conditions may be:

- that no entries are made in the work book (if the parties have come to such an agreement in accordance with part 6 of article 312.2 of the Labor Code of the Russian Federation);

- the obligation of the employee to use equipment, software and hardware, information security tools and other means provided or recommended by the employer in the performance of their duties (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 for the performance of his labor duties (part 1 of article 312.3 of the Labor Code of the Russian Federation);

- the amount, procedure and terms for paying compensation for the use by the employee of equipment belonging to him or rented 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 related to the implementation of remote work (part 1 of article 312.3 of the Labor Code of the Russian Federation);

- the procedure and terms for the employee to submit reports on the 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, while 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 registered mail with notification a duly 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 at home.

1.6. The employee reports to the General Manager.

1.7. The employee is obliged to perform the duties stipulated by the job description.

1.8. The work of the Employee 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 at home using the Internet.

2. Rights and Obligations of the parties

2.1. The employee is obliged:

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

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 to perform the work, in the form given in Appendix 1 to this contract.

2.2. The employer is obliged:

2.2.8. provide the Employee with the necessary software and hardware for the performance of his/her labor duties, as well as information security tools;

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

3. Liability of the parties

4. Mode of work and rest

4.1. The employee is set 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 time of work, including breaks in work, is set by the Employee at his own discretion.

4.3. The employee is granted an 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 remuneration

5.1. The Employer undertakes to pay wages to the Employee on time 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 allowances and financially encourage (bonuse) the Employee in accordance with the Labor Code of the Russian Federation, organizational and administrative documents of the Employer.

5.3. Wages are paid to the Employee twice a month by transferring funds to the Employee's bank debit card.

6. Social insurance

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

7. Validity and grounds for termination of the employment contract

7.1. This agreement is concluded for an indefinite period.

7.2. This agreement shall enter into force on the day of its signing by the parties.

The employee is obliged to start performing labor duties from the day specified in clause 1.5 of this agreement.

7.3. This contract may be terminated in the manner and on the grounds provided for by the labor legislation of the Russian Federation. Termination of the employment contract is carried out on the basis of the order of 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, wages are calculated and other payments provided for by regulatory legal acts are made.

The order of acceptance to work

An order for hiring for remote work is issued in the usual way, with the exception of filling in the column "Conditions for hiring, nature of work" (if the company uses form N T-1, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1, hereinafter - the decision of the State Statistics Committee of the Russian Federation N 1), which indicates that the work is remote.

Familiarization with local regulations

When registering a remote employee for a job, a HR specialist may have a question: does such an employee need to be familiarized with the local regulations of the employer? The question is fair, especially if we assume that the employee does not work on the territory of the employer. 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 accounting in the manner prescribed by law of accidents at work and occupational diseases;

— fulfillment of instructions of officials of authorized state bodies and consideration of submissions of public control bodies within the time limits established by law;

— compulsory social insurance of employees against industrial accidents and occupational diseases;

— familiarization of remote workers with labor protection requirements when working with equipment and means 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 regime of working time and rest time, then he will not obey the internal labor regulations of the organization. Accordingly, it is not necessary to acquaint him with this document.

If, despite the remote place of work, the working hours and rest periods are determined by the employer in the internal labor regulations, of course, the employee will have to be familiarized with this document under a personal signature. At the same time, 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, a remote worker must be familiar with local regulations that determine the procedure and conditions for remuneration, containing provisions on the processing of personal data, and other documents related to his work.

These documents can be sent to the employee in electronic form 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 repeatedly mentioned, the employer and employee, when exchanging electronic documents, must use an enhanced qualified signature (part 4 of article 312.1 of the Labor Code of the Russian Federation). Thus, both parties to the remote work employment contract are required to send each other confirmation of receipt of the electronic document.

An enhanced qualified electronic signature is a signature that complies with the following rules:

- such a signature was 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 signature tools;

— its verification key is specified in the qualified certificate;

- for its creation and verification, electronic signature tools are used that have received confirmation of compliance with the requirements established by this law.

However, Art. 11 of the Federal Law of April 6, 2011 N 63-FZ "On Electronic Signature" defines the conditions for recognizing a qualified electronic signature.

Document Fragment

Article 11 of the Federal Law of April 6, 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) the main identity document, the insurance certificate of the state pension insurance of the applicant - an individual or constituent documents, a document confirming the fact of making an entry about the legal entity in the Unified State Register of Legal Entities, and a certificate of registration with the tax authority of the applicant - a legal entity;

2) a properly certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state (for foreign legal entities);

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

After the listed actions are completed, you can legally move on to this new type of interaction between the parties to the employment relationship.

Registration of an employee's personal card

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

Note. 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 the conclusion of the agreement on changing 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, there are no exceptions for remote workers by law. As we noted, remote workers, unless otherwise established by the employment contract, independently determine the mode of working time and rest time. In this case, in the report card in the column in which the number of hours worked is entered, you can put down:

- the number of hours that the employee must work per working day (for example, "8", "4", etc., depending on the mode of work agreed with the employer);

- the number of hours per day that the employee actually spent on work (for example, "3", "10", etc., depending on the work schedule agreed with the employer), which he can inform the employer by e-mail. At the same time, the total number of hours worked per month should not exceed the normal working hours specified in the employment contract.

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

Note. 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 a week, it should be borne in mind that the labor legislation on overtime work will also apply to a remote worker if the employer engages such an employee to work outside the normal working hours.

As for the form of the time sheet, the employer can continue to use the unified form N T-12 or N T-13, approved by the Decree of the State Statistics Committee of the Russian Federation N 1, or approve in the prescribed manner its own form of the time sheet used in a particular 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 he actually spent on work?

Of course, it is very difficult to control an employee who is not working on the territory of the employer, but it is possible. For example, an employer and an employee can agree to include in the employment contract a provision that the employee must, along with the completed task, indicate in an e-mail how much time was spent on its implementation. Or, instead, you can charge the employee with the obligation 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 obligation of the employee to use the software and hardware provided or recommended by the employer, then the employer can also use the technical tools of time tracking information control systems for the execution of a particular assignment.

Termination of 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 by the employment contract. For example, these reasons could be:

- the employee's refusal to use information security tools provided or recommended by the employer;

- systematic non-observance by the employee of the deadlines for the performance of work;

- performance of work in an improper manner, 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 forwarding of paper copies of such documents.

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

In the case when, when hiring, an entry was made in the work book, an entry on the termination of the employment contract must also 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 of the 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 must be sent 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 e-mail, certified by an enhanced digital signature. After obtaining the consent of the employee, it is necessary to send him a work book by registered mail with notification. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book. If for some reason the employee has not received a work book, then at his written request the employer is obliged to issue it no later than three working days from the date of the employee’s request (part 6 of article 84.1 of the Labor Code of the Russian Federation).

If the work book, by agreement between the employee and the employer, was not drawn up or no entries were made in it about remote work, therefore, when the employee is dismissed, no entries on the termination of the employment contract are made in it.

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

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

A remote worker can apply to the employer with an application for issuing a copy of the employment order (on transfer to another job, on 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 this employer, etc. (Article 62 of the Labor Code of the Russian Federation). Properly certified copies of documents, the employer, no later than three working days from the date of filing the employee's application, must send to the remote worker 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).

remote work in our country is not as developed as, for example, in the USA or Europe. Entrepreneurs are still frightened by the prospect that they may never meet their employee. In our article, we will figure out exactly how remote work can be organized so that it does not cause concern for the enterprise and questions for the inspection authorities.

Telecommuting or remote work from home

What do we know about remote work? There are several types of remote work:

• home;
• remote;
• freelance.

Freelancing is work under a civil law contract. With this kind of remote work, everything is clear. The entrepreneur finds an employee (freelancer), gives him a specific task, sets deadlines and indicates all this in the GPC agreement. If the employee does the work on time, the employer pays him a one-time remuneration specified in the contract. This type of employment does not imply any social guarantees.

But with the home and remote work things are different. An employee concludes an employment contract (TD), which gives him all social guarantees.

Features of remote work of a homeworker

When working at home, the worker's workplace is his home. Raw materials, tools for performing certain work are provided by the employer or the employee can purchase them on their own. This is specified in the TD. Under such conditions, the contract prescribes compensation for the expenses incurred by the homeworker:

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

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

What is work at home, we found out. Let's figure out how to build labor relations with such employees?

Ch. 49 of the Labor Code of the Russian Federation regulates labor relations between an employer and a homeworker. From Art. 311 of the Labor Code of the Russian Federation, it can be seen that the main conditions under which a homeworker can be entrusted with work are his state of health and compliance with labor protection requirements (Article 212 of the Labor Code of the Russian Federation). For the most part, manufacturers of handicraft goods, seamstresses, and assemblers work at home.

All relations between the enterprise and home workers are regulated by the Labor Code of the Russian Federation and Trade House. Consider the main points of the contract.

After the conclusion of the TD, the enterprise issues an order to hire an employee. In the column "Nature of work" you need to write: "Work at home." The employee must familiarize himself with the order and put his signature in the appropriate place.

The work book is filled out without any indication of home work.

IMPORTANT! Even though the homeworker manages his/her own working time, the employer needs to fill out a timesheet. The rules on overtime pay do not apply to him.

How to fill out the time sheet, read in statye .

Regulations on the working conditions of homeworkers

Until recently, there was a provision on the working conditions of homeworkers, approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of September 29, 1981 No. 275 / 17-99, but it has become invalid and is not valid on the basis of the order of the Russian Ministry of Labor of December 29, 2016 No. 848.

To avoid misunderstanding with the employee, it would be correct to draw up a job description or regulation on home work. There you can describe in detail the security requirements, responsibility for their non-compliance and other rules of work. You can also provide for the provision of compensation and additional guarantees. In the TD, the employee must put a mark that he is familiar with the rules.

Remote work according to the Labor Code

remote work on Labor Code of the Russian Federation it can be considered the performance of certain functions specified in the TD, which takes place outside the stationary workplace provided by the employer. For work and communication 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 concluded a TD on remote work.

One of the differences between a remote worker and the rest is communication with the employer through the exchange of electronic documents and the use of enhanced electronic signatures (Law "On Electronic Signature" dated April 6, 2011 No. 63-FZ). Each of the parties, after receiving the electronic document, is obliged to send confirmation in electronic form.

What is an electronic signature?atye .

The question arises: how remote work conclude a TD with a remote employee?

The contract is concluded, as well as the document flow as a whole, using public ITS, including e-mail. After that, the employer sends a paper copy of the contract by mail to the remote worker within 3 days.

How to register an employee, working from abroad, read inarticle .

Since at remote work the employee has all the same rights as those who perform their duties in the office of the enterprise, he must submit to the employer in electronic form the documents listed in Art. 65 of the 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 did not previously have SNILS, he must obtain it on his own and send a copy to the employer.

With mutual consent, the work book is not filled out. The document confirming labor activity and length of service is 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).

Let's take a closer look at some points.

Reflection of the place of work of a remote worker in an employment contract

Because remote work cannot be associated with the address of the employer, the home address of the employee is indicated as the place of work in the contract. But this does not mean that he should only work at home.

An employee may, for example, appear at the employer's office to hand over finished work or receive an assignment. It is possible for the employee to be present in the office for a limited (specified in the contract) time. But if in fact the bulk of the work is done outside the office, it is still considered remote.

Remote employment: mode of work and rest

According to Art. 312.4 of the Labor Code of the Russian Federation, a remote worker independently establishes the regime of his employment and rest, unless otherwise stipulated in the employment contract. So the order remote work must be determined at the time of signing the contract. These working conditions are typical for specialists in creative professions.

If the contract stipulates a free work schedule, that is, regardless of the time of day and weekends, the employer is relieved of the obligation to keep track of working time.

But if the working hours are specified in the contract (for example, from Tuesday to Saturday from 9:00 to 15:00 or any other time), the employer needs to keep track of working hours and make an additional payment for overtime, if any. Such conditions are typical for the work of dispatchers.

Safety

Most of the requirements for the organization of labor protection and safety regarding remote work the employer is not required to comply.

When hiring a remote worker, it is necessary to familiarize yourself with the requirements for labor protection when working with equipment provided or recommended by the enterprise (Article 312.3 of the Labor Code of the Russian Federation).

Also, the enterprise is obliged to conduct a special assessment of jobs, but in accordance with paragraph 3 of Art. 3 of the Law "On the special assessment of working conditions" dated December 28, 2013 No. 426-FZ, a special assessment of jobs is not carried out in relation to the working conditions of homeworkers and remote workers.

How often should safety training be given?, read the articles:

If an employee is injured or falls ill during the performance of work duties, the enterprise is obliged to organize an investigation, during which it will be clarified whether this is an accident at work or not (Article 227 of the Labor Code of the Russian Federation, Article 3 of the Law “On Compulsory Social Insurance against Accidents” cases at work and occupational diseases” dated July 24, 1998 No. 125-FZ). Only the commission has the right to conduct an investigation (Article 228 of the Labor Code of the Russian Federation).

Compensation

At runtime remote work the worker himself organizes his labor process. If an employee uses his or rented equipment, software and hardware, information security tools and other means, the TD must specify the procedure and terms for paying compensation for its use. It is also necessary to provide and specify the procedure for reimbursement of other possible costs associated with the implementation remote work(Article 312.3 of the Labor Code of the Russian Federation).

We conclude that the employee and the employer can agree on and fix in the TD the procedure for compensating the employee's expenses. But in accordance with the letter of the Ministry of Finance of Russia dated April 11, 2013 No. 03-04-06 / 11996, documentary evidence of depreciation of property and other expenses required by the employee is required. It should also be noted that if the property was used not only for official needs, a separation of the degree of wear and tear is required in accordance with the purposes of its use.

Payroll for remote workers

So that the employer can fearlessly take into account the payment remote work in your expenses, you need to fix in the TD methods of accounting for hours worked. The fact that an employee can independently determine his own working time does not cancel the obligation of the employer to take into account the time actually worked (Article 252 of the Tax Code of the Russian Federation, Article 312.4 of the Labor Code of the Russian Federation). If this is not possible, other evidence may be presented. For example, a register of completed works.

The remuneration itself, as a rule, occurs by bank transfer according to the details specified in the contract. If the employee wants to change the bank details for the transfer, it is necessary to draw up an additional agreement and indicate the new card details.

In addition to the transfer to the account (card) of the employee, payment options are applied by postal order, as well as from the cash desk of the enterprise in cash, if the employee periodically appears at the employer's under the terms of the contract.

Termination of an agreement

Features of the termination of TD are specified in Art. 312.5 of the Labor Code of the Russian Federation.

The grounds for its termination must be specified in the contract. The grounds may be the same as for office workers. For example, termination by agreement of the parties or at the initiative of the employee (Articles 77, 78, 80, 81, 83, 84 of the Labor Code of the Russian Federation).

You can also give specific grounds that will be characteristic of a particular remote work. This may be due to the amount of marriage or violation of the deadlines for submitting reports on the work performed. By specifying all this in the contract, the employer will be able to protect himself from unscrupulous employees.

After the issuance of the dismissal order, it is sent to the employee on the day of dismissal via electronic communication channels, and its paper copy is sent by registered mail. The employee has the right to request copies of all documents related to his work activity (Article 62 of the Labor Code of the Russian Federation).

Results

Despite concerns, more and more modern employers are beginning to resort to the services of remote workers. This is largely due to the desire of the enterprise to save on the costs of organizing the employee’s workplace, compensation for travel to and from work, etc. Also, do not forget that remote employees are usually paid less than their office colleagues, and this is savings on payroll and insurance premiums. Most importantly, taking an employee on remote work, draw up an employment contract with him correctly.

Since April 19, 2013, a new type of worker has appeared in the labor legislation - a remote worker. What kind of employee is this, 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 defined by 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 employer, provided that for the performance of this labor function and for the interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet.

Remote workers, as can be seen from the definition of work, can be workers who do their work not in the office, not in a separate subdivision, and not even at home (this is the main difference from homeworkers). These employees work anywhere where there is an opportunity to access the Internet or provide services. When registering a remote worker, all facilities where the remote worker will be located (the facilities where the employee will carry out service work or inspections) 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 the repair and supervision of elevators or machines of the employer's clients.

According to the definition, teleworkers can be engineers, lawyers, translators, journalists, editors, designers, programmers, auditors, etc.). It should be noted right away that a remote worker differs from a homeworker also in terms of the product of labor. Homeworkers produce products that have a natural-material form. Remote workers perform work, the result of which has no material form.

Consider the method of 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, unlike 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. At the same time, enhanced qualified electronic signatures of the parties are used without fail in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to the specified exchange is obliged to send in the form of an electronic document confirmation of receipt of an electronic document from the other party within the period specified by the employment contract on remote work.

In order to sign an employment contract, a remote worker will have to apply to a certification center and receive a certificate of the electronic signature key. Please note that this service is not free. It is easier for the employer in this situation, because many already have this signature. This certificate will be valid for a certain period. The key can be used in the areas specified in the certificate. If the corresponding area is not indicated in it, it will need to be added. Details on 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 conclusion of an employment contract, it is advisable to put down the same date on two copies of the contract, even if such an agreement was signed using 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 to provide for the date of entry into force of such an agreement in an employment contract with a remote worker. In this regard, in accordance with Article 61 of the Labor Code of the Russian Federation, an employment contract enters into force from the day it is signed by the employee and the employer, unless otherwise provided by the employment contract, or the employee actually starts work. But in the current situation, it is advisable to indicate in the contract itself the date of its commencement.

The conclusion of an employment contract in electronic form does not actually free the employer to transfer the original of the 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 to 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, each employee, when applying for a job, is required to provide the documents provided for in Art. 65 of the Labor Code of the Russian Federation. And what about a remote worker, because he is not in the office at the time of the conclusion of the contract, but may be 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 to him, by registered mail with notification, notarized copies of these documents on paper. And of course, in order to protect yourself, it is advisable for the employer to request notarized copies of these documents.

With regard to the work book, here the legislator made concessions and prescribed a rule according to which an entry on 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 in 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 to acquaint 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 law 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 law. 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 of the Federal Law of 01.04.1996 No. 27-FZ “On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance” it is said that a person who first came to work under an employment contract or entered into a civil law contract, for remuneration for which, in accordance with the legislation of the Russian Federation accrues insurance premiums, receives an insurance certificate of compulsory pension insurance containing the insurance number of an individual personal account through the insured. And this rule has not changed in connection with the latest 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 from the fact that a remote worker works outside the place of a separate subdivision (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 subdivision.

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

Interviewed by the correspondent of the Civil Code A.V. Khoroshavkina

Contract with a remote worker: the more detailed, the better

Deputy Chief of Staff of the State Duma Committee on Labour, Social Policy and Veterans Affairs, Candidate of Yu. n.

A new chapter has appeared in the Labor Code regulating the specifics of the work of remote workers in ch. 49.1 of the Labor Code of the Russian Federation. One of the drafters of the text of the Law tells about who they are and what is the difference between remote work and other types of work, for example, home work.

Alexander Sergeevich, why was it necessary to adopt a new chapter. 49.1 TK? After all, the Labor Code already had a chapter regulating work at home ch. 49 of the Labor Code of the Russian Federation? What is the difference between remote work and home work?

A.S. Leonov: Remote workers can be called "electronic" homeworkers. Both the nature and the result of their work, and the way of communication with the employer - all this is connected with information in electronic form. In many countries, the term "telework" is used to refer to such work. Moreover, somewhere telework is considered as a kind of home work, somewhere - as an independent phenomenon.

Domestic legislation went the second way and singled out remote workers into a separate category.

A large part of ch. 49.1 is devoted to the electronic interaction of a remote worker with his employer. It is envisaged how the conclusion of an employment contract, the exchange of documents takes place in electronic form. After all, a remote worker, unlike a homeworker, may never meet with his employer at all.

The work of a remote worker is associated with the processing and production of information, and a homeworker is associated with the manufacture of some material things.

Another difference is that the homeworker only works at home. And a remote worker can work anywhere: at home or in a cafe, they can rent an office or a separate workplace. Returning to foreign experience, I will note that such “telecafes” or “telecenters” where remote workers work are very popular there.

A remote worker works outside the location of the employer Part 1 Art. 312.1 of the Labor Code of the Russian Federation. Can he live in the same locality? Can a teleworker live in another country?

A.S. Leonov: No restrictions on the place of residence of a remote worker in Sec. 49.1 of the Labor Code of the Russian Federation no. Therefore, a remote worker - a citizen of the Russian Federation can live and work remotely where it is convenient for him.

He may well live in the same city and even on the same street where the employer's office is located. But he always does the work outside the employer's office. Art. 312.1 of the Labor Code of the Russian Federation.

The Labor Code does not prohibit the employment of foreigners for remote work, unless, of course, the legislation on the involvement of foreign citizens in labor activities is observed.

Does telecommuting create a job? Does a separate division of the organization arise in this case in the sense of tax legislation?

A.S. Leonov: With remote work, the creation of a stationary workplace and, accordingly, the emergence of a separate unit cannot be discussed in principle.

The workplace is the place where the worker has to be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. Part 6 Art. 209 of the Labor Code of the Russian Federation. And the creation of a separate subdivision is precisely the equipment of the workplace, the courts believe Decree of the FAS SZO of October 15, 2007 No. A56-40913 / 2006. At the same time, remote work cannot be performed in such places. Part 1 Art. 312.1 of the Labor Code of the Russian Federation otherwise it is not remote work.

Therefore, it is not necessary to stipulate in the employment contract the place where the remote worker performs work. I think that the employer should not rent a room for work. The tax authorities may regard both as signs of the creation of a separate division.

If the employer is interested in the employee working in a certain place, and is ready to reimburse him for the cost of renting a working space, then it is possible to provide in the employment contract that the employee rents an office himself, and establish the procedure and amount of compensation by the employer for these costs.

The employment contract may stipulate that the employer compensates for the costs of using the employee's equipment and software and hardware. You said that the employer can compensate the employee for expenses related to the use of the premises. What about other property, such as furniture, vehicles?

A.S. Leonov: I think that if it is established by the employment contract, the employer can compensate the employee for the use of property that he needs for work. Part 1 Art. 312.3 of the Labor Code of the Russian Federation. But it is unlikely that it can be a vehicle.

I would recommend drawing up an employment contract with a remote worker in as much detail as possible. To provide in it which expenses of the employee are compensated, which are not. This will help to avoid both conflicts with the employee and the claims of the tax office.

By the way, the costs of a remote worker for the use of equipment or property can be confirmed not only by paper, but also by electronic documents.

Could you give an example of remote work? For example, can an accountant or a journalist working from home be considered a remote worker?

A.S. Leonov: The work of a remote worker is associated with the use of telecommunications. Therefore, if the accountant performs all his work on a computer and sends it to the employer via the Internet, then the work can be considered remote. If he is obliged to personally visit, for example, the tax office, funds, then such work no longer falls under the definition of remote work.

And a journalist who processes information from the Internet and writes articles and reviews based on it can be registered as a remote worker. And if, on behalf of the employer, he must personally come to the scene to make a report, no.

If an employee works remotely for only part of their working time, will they be considered a remote worker? For example, 1 day a week he works in the office, the rest of the days - at his home computer. This mode is very convenient for those who have small children.

A.S. Leonov: No, and in this case, the employee will not be considered remote. And you won't be able to sign a telecommuting agreement.

But even without involving a new chapter of the Code, it is possible to establish such a mode of work for employees. It is enough to correctly draw up an employment contract and internal labor regulations.

If a remote worker is now registered as a homeworker, should he be re-registered?

A.S. Leonov: If a person registered as a homeworker performs essentially remote work, it is more profitable for the employer to register him as a remote worker. Indeed, in this case, the employer will be able to exchange documents with the employee in electronic form.

Therefore, if an employee whose work meets the criteria for remote work was registered as a homeworker, changes should be made to his employment contract (by agreement of the parties) Art. 72 of the Labor Code of the Russian Federation or (if the terms of the current employment contract give grounds for that) terminate the old contract and conclude a new one.

Documents transmitted via communication channels must be certified by an enhanced qualified electronic signature of the employer and employee. Is it the responsibility of the employer to provide an employee with an electronic signature and equipment for reading it?

A.S. Leonov: Documents that a remote worker exchanges with an employer must be certified by an enhanced qualified electronic signature. Part 4 Art. 312.1 of the Labor Code of the Russian Federation.

Therefore, a remote worker must have an electronic signature. But who should purchase it - the employee himself or his employer, is determined by the employment contract. Part 1 Art. 312.3 of the Labor Code of the Russian Federation.

Perhaps the employee already has an electronic signature and the employer agrees that he will use this signature, and not acquire a new one.

Are workplaces certified and mandatory medical examinations of employees carried out during remote employment? After all, such workers spend more than 50% of their working time at the computer.

TELLING THE MANAGER

For teleworkers, the employer must not conduct neither attestation of workplaces, nor mandatory medical examinations, unless otherwise provided by employment contracts.

A.S. Leonov: The employer must accrue mandatory accident insurance contributions to the salaries of remote workers, investigate accidents and occupational diseases, and comply with the instructions of the state labor inspectorate, if any. Other obligations of employers on labor protection do not apply to remote workers, unless otherwise provided by the employment contract on remote work. Part 2 Art. 312.3 of the Labor Code of the Russian Federation.

If an accident occurs to a remote worker while on the job, how to investigate it in practice?

A.S. Leonov: There is no special procedure for investigating accidents that occurred with remote workers, and here one must be guided by the general provisions of the Labor Code articles 227-231 of the Labor Code of the Russian Federation. The employer must investigate and inform the state labor inspectorate. I think that this should be an inspection at the place of residence or stay of the employee.

Of course, there can be difficulties in determining whether the accident with a remote worker was industrial. For example, if a laptop exploded in the hands of an employee, it is necessary to establish whether he was performing the task of the employer at that moment.

It could probably make a difference whether the teleworker worked on their own equipment or on the employer's equipment. And if it is his own equipment, are the requirements for the equipment, its brand defined by the employment contract.

Is it necessary to prescribe the mode of work of a remote worker in the employment contract?

A.S. Leonov: This is not required. But if it is important for the employer that the employee be online for a certain time and be engaged, for example, in administering the site, it is advisable to establish the working regime in an employment contract. Modern software tools allow you to control whether the employee complies with the work regime.

And if the job is, say, testing a network game, there is no need to set the work mode. Then, if this is not provided for in the contract, the labor regime is established by the worker himself. Art. 312.4 of the Labor Code of the Russian Federation.

Are teleworkers included in the vacation schedule?

Is study leave also granted to a remote worker in the usual way?

An employment contract with a remote worker may provide grounds for its termination at the initiative of the employer Part 1 Art. 312.5 of the Labor Code of the Russian Federation. What could be the reasons for this?

A.S. Leonov: Probably, these are some factors that can prevent a remote worker from fulfilling their duties. But we must remember that such additional grounds should not worsen the situation of remote workers compared to other categories of workers.

If the employee and the employer are located in different regions, what rules, for example, establishing a regional minimum wage, should be used?

A.S. Leonov: In my opinion, it is necessary to focus on the minimum wage of the region in which the employee lives and works. After all, living conditions, the level of prices in different regions differ.

The same applies to the "northern" coefficients and allowances. Their purpose is to compensate for the costs of the employee in connection with living in a harsh climate. Therefore, if an employee lives in the south and the employing organization is located in the north, the "northern" coefficient does not apply to the employee's salary.

Is the personal income tax of a remote worker transferred at the location of the employer?

A.S. Leonov: There are no features here. Personal income tax on the income of remote workers is paid at the location of the employer.

To the labor inspectorate of which region - his or his employer - should a remote worker complain if his rights are violated?

A.S. Leonov: The Federal Labor Inspectorate is a single centralized system. Therefore, I think that a remote worker may well apply to the inspection at his place of residence. And it is not even necessary to go there in person, it is enough to send an e-mail.

Information about remote work may, at the request of the employee, not be entered in the work book. What would you recommend: to enter information about remote employment in the work book or not?

A.S. Leonov: The work book is the main document confirming the work experience. Art. 66 Labor Code of the Russian Federation. Proposals have been repeatedly made to abolish work books. But this will happen, I think, in 15-20 years.

The length of service of a remote worker can be confirmed by an employment contract, and therefore it is allowed not to make entries in his work book.

But for many personnel officers, when hiring a new employee, it is important to know exactly all his previous jobs, the stages of his career, the reasons for dismissals. And the entries in the work book inspire more confidence in them.

Documents that a remote worker sends to an employer, including a work book, may be lost in the mail. How can an employee protect himself from possible problems?

A.S. Leonov: Before sending a work book or other important document by mail, it is advisable to make a copy of it and certify it with a notary. Then, if the mail loses the work book, it can be restored.

And it is better to send documents by registered mail with a list of attachments.

If an employee falls ill, he must send documents to the employer by registered mail. Can he bring them personally?

A.S. Leonov: Possibility to give sick leave in person in ch. 49.1 of the Labor Code is indeed not provided for, but this is a technical flaw. If the employee lives in the same locality as the employer, he can bring the documents personally.

And if the employee lives in another locality and came in order to personally hand over the work book or sick leave to the employer, should the employer reimburse the employee for travel expenses? Can this be done as a business trip?

A.S. Leonov: I think no. After all, the employee did not have to go to the employer. This is his initiative. Therefore, the employer does not have to reimburse such expenses, much less arrange a business trip.

How is the allowance paid if the employer is located in the region where the pilot project for the payment of benefits directly from the FSS is taking place, and the employee is in the region that does not participate in the project (or vice versa)?

A.S. Leonov: In these cases, it all depends on what payment rules apply in the region where the employer is located. In any case, the employee sends the sick leave to the employer.

If the general rules apply at the location of the employer, then he pays this sick leave in the same way as other employees.

If the employer is located in the region where the pilot project is taking place, then he will have to transfer this sick leave to the FSS branch along with the details of the employee’s bank account, to which wages are calculated. The sick leave in this case will be paid by the FSS directly to the employee.

How are teleworkers paid for overtime, work on weekends and holidays?

A.S. Leonov: If the working hours are set in the employment contract, and the employer asks the remote worker to work additionally at other times, he will have to pay the employee all compensation provided for by law. Part 3 Art. 312.1 of the Labor Code of the Russian Federation.

If the employee himself determines his mode of work, compensation for overtime work is not paid.