Signed a law regulating the work of remote workers

On the official online portal of legal information published by the State Duma and the Federation Council in March of this year, the Federal Law No. 60, signed by the President of the Russian Federation on 05.04.2013. The second article of this law complements the Labor Code of the Russian Federation with Chapter No. 49.1 “Features of the regulation of the work of remote workers” and expands Chapter No. 49 “Features of the regulation of the work of homeworkers”.
Taking into account the specifics of the work of a large number of habrosoobschestva participants, it is impossible to ignore this law. So, what did our chosen ones prepare for us?

1. Definitions

“Remote work is the performance of a labor contract-specific job function outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another locality), outside the stationary workplace, territory or object directly or indirectly under the control of the employer conditions of use for the performance of this labor function and for the implementation of interaction between the employer and the employee on matters related to its performance public information and telecommunications networks, including the Internet.
Distant employees are persons who have entered into an employment contract for distance work.
Remote workers are subject to the labor legislation and other acts containing labor law norms, taking into account the features established by this chapter. ”
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Thus, the concepts “teleworking” and “teleworking worker” are added to the concepts “homework” and “homeworker”. At the same time, the concepts introduced are uniquely tied to information and telecommunication networks as the main tool for interaction between an employee and an employer. It is clear that programmers, web designers, and in general all honest workers, whose work can be sent to an employer via the Internet, can become remote workers. At the same time, the Labor Code will protect their right to work along with other categories of workers.

2. Electronic document flow

“If this chapter provides for interaction between a remote worker or a person entering remote work and an employer by exchanging electronic documents, enhanced qualified electronic signatures of a remote worker or a person entering remote work and an employer are used in accordance with the procedure 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 an electronic document from the other party within the period specified by the employment contract for remote work.
In cases where, in accordance with this Code, an employee must be familiarized in writing, including under signature, with adopted local regulations directly related to his work activity, orders (orders) of the employer, notifications, requirements and other documents, remote the employee can be familiarized with them by exchanging electronic documents between the employer and the teleworker. ”

The natural step is to attract the existing electronic signature mechanism for the implementation of labor relations between the employee and the employer. By the way, the EDS is mentioned in the course of the text in a number of places describing the exchange of information between the parties. Things are easy - technical implementation of the mechanism. This question remains outside the scope of this law.

3. Non-electronic document flow

In a number of places of the law there is a need to exchange the original documents or their certified copies. Examples:
“To provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the teleworker sends to the employer the original documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with a notification.”
“In the event that the employment contract for distance work is concluded through the exchange of electronic documents, the employer, within three calendar days from the date of the conclusion of this employment contract, is obliged to send to the remote employee by mail by registered letter with notification of a duly executed copy of this employment contract on paper.”

As an exchange tool, it is proposed to use mail services. Well, how can you not comment on this? It seems to me that the solution of issues related to mailing may be somewhat delayed.

4. Employment record ...

... not required:
“By agreement of the parties to an employment contract for distance work, information about teleworking may not be entered into the work record of the distance worker, and when entering into an employment agreement for the first time, the work record to the distance worker may not be processed. In these cases, the main document on employment and work experience of a remote worker is a copy of an employment contract for remote work, as specified in Part Two of this article. ”

But if you really need, then there are no problems:
“In the absence of the agreement specified in part six of this article, the distance worker shall provide the employer with a work record personally or send it by registered mail with a notification letter.”

5. Tools

“In the labor contract for remote work, in addition to additional conditions that do not worsen the position of the employee compared to the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulatory acts (part four of article 57 of this Code), provide for an additional condition on the obligation of a remote worker to use in the performance of his duties under an employment contract for distance work those equipment, software and hardware, information protection and other funds provided or recommended by the employer. "

It seems to be quite understandable, it seems to be correct. Only here the phrase "provided or recommended" leaves questions. But what if there are very few development tools and they are very expensive, and not an ordinary worker can afford, and the employer recommends them (and) to use? In the end, because you are not forced to buy a development system, if you get a job in the usual way?
In general, here, in my opinion, there are more pitfalls than it might seem at first glance (rather related to corruption schemes), but an ordinary worker can get around them at the stage of drawing up a contract. By the way, other important issues should be stipulated in the contract.

6. Other Important Issues

"The procedure and deadlines for providing remote workers with the necessary to fulfill their duties under an employment contract for remote work with equipment, software and hardware, information protection and other means, the procedure and deadlines for submission by remote workers of reports on work done, the size, procedure and terms of payment compensation for the use by remote workers of equipment, software and hardware, other means, the procedure for reimbursement of other expenses related to the execution of remote work are determined by the employment contract for remote work. ”

Everything is in your hands, do not hesitate to formulate your requirements at the initial stage, so that you do not grab hold of your head.

7. Buns

“Unless otherwise provided by the employment contract for remote work, the mode of working time and rest time of a remote worker is set by him at his discretion.
The procedure for granting the remote employee annual paid leave and other types of leave is determined by the employment contract for remote work in accordance with this Code and other acts containing the norms of labor law. ”

By the way, the issue of remuneration in this chapter is not raised at all, which means it is regulated on a general basis, and is also the subject of an employment contract for remote work.

Instead of conclusion

In general, I want to say that this initiative of our lawmakers is one of the few recently that seemed to me more or less sane. It is designed to protect the rights of teleworkers by introducing their relationship with employers in the legal field and defining the mechanisms of interaction.
But we should not forget that the severity of our laws is compensated by the non-binding nature of their laws. And this means that it will not be superfluous to protect yourself with a meticulous approach to drawing up an agreement on teleworking, as well as preparing an evidence base, if (God forbid!) You have to defend your interests in our court (not so humane as in recent past).