We conclude an employment contract for remote work
Since 2013, the Labor Code allows for remote work. The procedure for concluding and requirements for the form of an employment contract for remote work are set out in Chapter 49.1 of the Labor Code of the Russian Federation. The requirements for filling the contract can be found here .
Two years have passed since the date the amendments came into force. What questions arise in practice in connection with the conclusion of a contract with a remote worker?
Employers cite the need to use enhanced qualified electronic signatures when exchanging parties with electronic documents as the main problem of applying a contract with a remote worker .
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Electronic correspondence between a remote worker and an employer is recognized as legally significant only when certifying electronic documents (including mandatory messages about their receipt) with such electronic signature.
Firstly, not all parties have such an electronic signature. This is especially true for individuals.
Secondly, such signatures must be accepted by both parties to the teleworking agreement.
For example, in judicial practice there is a case of reinstatement of a remote worker dismissed at his own request on the basis of a scan of an application received by an employer by e-mail without using the electronic signature required by law.
However, this obstacle can be easily circumvented by resorting to a well-known postal service method when executing or terminating an employment contract for remote work. To do this in the old-fashioned way, all documents are printed out with a handwritten signature of the party that compiled it. For bilateral documents, of course, need to make a mutual exchange.
So, in order to shorten the terms, the teleworking agreement for remote work can be printed out, signed and sent to each of the parties to the other in one copy. To confirm the fact of sending the receipt by the second party, it is advisable to use a valuable letter with an attachment list and a return receipt.
To speed up the further exchange of documents in the framework of an employment relationship with an employee who has been accepted for remote work, you can also use a fax. For this, the provision on the possibility of using analogs of handwritten signatures and facsimile channels of communication should be directly included in the employment contract with a teleworker.
Not comfortable? But what to do when the law contains strict requirements for the remote conclusion of an employment contract and subsequent electronic document flow.
Remote workers are fully covered by the labor laws, taking into account a number of features. In particular, a number of special conditions can and should be provided for in the labor contract concluded with such an employee.
The labor contract for remote work must necessarily include the following provisions :
a. The condition of accepting a remote worker is to work remotely.
The place of work under such a contract must be located outside the location of the employer, its branch or representative office, as well as any other separate division or stationary workplace. Otherwise, the labor agreement entered into by the parties will be considered as a regular employment contract.
b. Remote work should be performed using a communication network, incl. The Internet. In the same way, the interaction of the employee at the remote location with the employer should be carried out.
c. The contract should stipulate the procedure and deadlines for the remote worker to provide reports to the employer.
In addition, in the contract with a remote worker may be provided :
a. The mode of work and rest time of a remote worker, suitable for the employer.
For example, in a contract with a remote worker, you can set common for the employer's organization working days of the week, start and end times of work, rest days.
If there are no such conditions in the employment contract for remote work, the teleworker is entitled to determine them at his own discretion. In this case, you should introduce certain standards and monitor their implementation using the provisions of the contract on the timing and procedure for reporting on the work done.
b. The ability to exchange electronic documents.
In this case, the deadline for sending the notification of receipt of electronic documents and the procedure for the parties to use the enhanced qualified electronic signature to sign electronic documents is additionally established.
c. The use and / or provision of a remote worker with certain software and hardware, equipment, means of information protection.
d. If a remote worker purchases the recommended funds and / or equipment at his own expense, the employment contract agrees the amount, procedure and timing of compensation for expenses by the employer.
Pay due attention to the order of the conclusion and content of the employment contract for remote work.
A source
Two years have passed since the date the amendments came into force. What questions arise in practice in connection with the conclusion of a contract with a remote worker?
The procedure for the conclusion of an employment contract for remote work
Employers cite the need to use enhanced qualified electronic signatures when exchanging parties with electronic documents as the main problem of applying a contract with a remote worker .
')
Electronic correspondence between a remote worker and an employer is recognized as legally significant only when certifying electronic documents (including mandatory messages about their receipt) with such electronic signature.
Firstly, not all parties have such an electronic signature. This is especially true for individuals.
Secondly, such signatures must be accepted by both parties to the teleworking agreement.
For example, in judicial practice there is a case of reinstatement of a remote worker dismissed at his own request on the basis of a scan of an application received by an employer by e-mail without using the electronic signature required by law.
However, this obstacle can be easily circumvented by resorting to a well-known postal service method when executing or terminating an employment contract for remote work. To do this in the old-fashioned way, all documents are printed out with a handwritten signature of the party that compiled it. For bilateral documents, of course, need to make a mutual exchange.
So, in order to shorten the terms, the teleworking agreement for remote work can be printed out, signed and sent to each of the parties to the other in one copy. To confirm the fact of sending the receipt by the second party, it is advisable to use a valuable letter with an attachment list and a return receipt.
To speed up the further exchange of documents in the framework of an employment relationship with an employee who has been accepted for remote work, you can also use a fax. For this, the provision on the possibility of using analogs of handwritten signatures and facsimile channels of communication should be directly included in the employment contract with a teleworker.
Not comfortable? But what to do when the law contains strict requirements for the remote conclusion of an employment contract and subsequent electronic document flow.
Features of the agreement on remote work
Remote workers are fully covered by the labor laws, taking into account a number of features. In particular, a number of special conditions can and should be provided for in the labor contract concluded with such an employee.
The labor contract for remote work must necessarily include the following provisions :
a. The condition of accepting a remote worker is to work remotely.
The place of work under such a contract must be located outside the location of the employer, its branch or representative office, as well as any other separate division or stationary workplace. Otherwise, the labor agreement entered into by the parties will be considered as a regular employment contract.
b. Remote work should be performed using a communication network, incl. The Internet. In the same way, the interaction of the employee at the remote location with the employer should be carried out.
c. The contract should stipulate the procedure and deadlines for the remote worker to provide reports to the employer.
In addition, in the contract with a remote worker may be provided :
a. The mode of work and rest time of a remote worker, suitable for the employer.
For example, in a contract with a remote worker, you can set common for the employer's organization working days of the week, start and end times of work, rest days.
If there are no such conditions in the employment contract for remote work, the teleworker is entitled to determine them at his own discretion. In this case, you should introduce certain standards and monitor their implementation using the provisions of the contract on the timing and procedure for reporting on the work done.
b. The ability to exchange electronic documents.
In this case, the deadline for sending the notification of receipt of electronic documents and the procedure for the parties to use the enhanced qualified electronic signature to sign electronic documents is additionally established.
c. The use and / or provision of a remote worker with certain software and hardware, equipment, means of information protection.
d. If a remote worker purchases the recommended funds and / or equipment at his own expense, the employment contract agrees the amount, procedure and timing of compensation for expenses by the employer.
Pay due attention to the order of the conclusion and content of the employment contract for remote work.
A source
Source: https://habr.com/ru/post/292770/
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