If the employee works remotely. Remote workers: what an accountant needs to know

Today, remote work has become a fairly common type of work. In the article, we will consider in detail how a remote worker should be hired by a company in 2018.

Remote work and remote worker

Labor activity at a distance or remote work implies the performance by an employee of a labor function outside the location of the employer, namely without a fixed place, outside the company's office. This is the main difference between remote work and regular work, but otherwise there are practically no differences. The employee must also be admitted to the staff of the company, he has the same rights as other employees, including deductions for insurance premiums.

In addition, the remote worker has the right to annual leave, for maternity leave with the payment of an appropriate allowance and for sick leave with the payment of a hospital allowance.

Advantages of remote work

The main convenience of such work lies in the fact that the employee independently chooses the place of performance of labor functions, which means that he can work anywhere - in a cafe, and at home, and even in transport. He does not have such an obligation as a daily visit to the employer's office. There are also benefits for the employer. The main advantages are savings on office rent and funds for equipping a workplace for an employee, etc.

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The difference between a remote worker and a home worker

Do not confuse remote work with home work. A remote worker can be sent on a business trip, and a specific mode of work can be set for him and registered in employment contract.

The home-based worker is not subject to the work regime in the organization. The “homeworker” works at home, doing mostly simple work. At the same time, the employer provides such employees with the necessary equipment or material.

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

You can conclude an agreement with him at a distance, and with a homeworker this can only be done in person.

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

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

How to hire a remote worker

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

• Employment history;
• The passport;
• Document military registration;
• SNILS;
• Diploma, certificate and other documents confirming the qualifications of the employee.

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

Important! A remote worker may not present a work book. In this case, the employment contract should specify that in work book no record was made of the employee's acceptance.

The procedure for registering a remote worker does not differ from the registration of a regular employee and consists of the following steps:

• Familiarization of the employee with regulations companies;
• Conclusion of an employment contract;
• Issuing a job order;
• Issuance of a personal card for an employee;
• Entry in the workbook.

The regulatory local acts of the company include labor regulations, regulations on remuneration and bonuses, job descriptions, etc. It is necessary to familiarize the employee with them before concluding an agreement with him, therefore, copies of such documents are sent to the remote worker. The future employee must confirm the fact of familiarization with an electronic signature in the response letter. Only after that, you can draw up an employment contract with the employee.

Employment contract with a remote worker

One of the conditions prescribed in the contract is the place of work. In the contract with the remote worker, you must indicate that the work is remote, and you can specify the home address of the employee as the address. If the employee does not want to indicate his address, or it is impossible to indicate his address, then you can indicate the address of the employer as the place of conclusion of the contract.

Consider the main conditions that should be contained in the contract with a remote worker:

• Deadlines for the implementation of work, as well as the preparation of reports on the work done;
• Deadline for confirmation of e-mails or registered letters;
• The period of time when the employee remains in the access zone through the specified communication channels;
• The order of document circulation with the employer;
• Terms of termination of the contract at the initiative of the employer.

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

Important! It is impossible to conclude a contract for remote work with an employee living abroad!

Remote work order

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

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

When an employee is not accepted for remote work, but transferred, you need to use a different form of the T-5 order. It is issued in the event that changes in the nature of the work occur with the consent of the two parties. At the same time, you first need to draw up an additional agreement to the main contract with the employee, and on the basis of it, issue an order.

Employment record of a remote worker

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

Increasingly, employers are turning to remote workers. Is it related to that? that remote work has a number of advantages for both the employee and the employer. An employee can be at home, in a cafe on the street and at the same time perform official duties and be an employee of the organization.

The employer does not need to prepare workplace, you do not need to purchase a computer or office for a remote employee. The employee does not need to spend money on travel to the workplace, he can build his working day in accordance with his interests and the needs of the company.

Not all positions can be removed. For example, the seller cannot work remotely, as he must be present at his workplace behind the store counter. Distant work usually typical for such professions as sales managers, programmers, lawyers, sales representatives, designers, that is, all those persons who do not need personal contact with colleagues or clients.

Although remote workers are not located in the office of the organization, they should be recruited into the state according to all the rules specific to the hiring of permanent employees working within the organization.

How to hire a remote worker

Remote work is currently guided by the requirements of the Labor Code of the Russian Federation, a separate article has been specially introduced into the code, which defines the rules for hiring such employees, the procedure for concluding an employment contract with them, as well as other requirements for remote work.

Chapter 49.1 Labor Code regulate the rules for hiring remote employees. This chapter also establishes the concept of remote work. Remote work is work that takes place outside the employer's organization.

Recruitment process for remote employees:

1. Collecting the necessary information from the employee in the form of documents - you need a passport, work book, education document, military registration documents, other papers containing personal data about the employee. You can send these documents by mail or electronically scanned copies, if necessary, copies are certified by a notary.
2. Drawing up an employment contract. With a remote worker without fail an employment contract is concluded, a feature of this contract is an indication of the address of the work, which is different from the location of the organization itself. In general, an employment contract must comply with the Labor Code of the Russian Federation and contain all the necessary obligations, rights and responsibilities of both parties. You can download a sample employment contract with a remote employee here. An employment contract can be signed electronically; for this, the employer sends the remote employee electronic variant of the employment contract, the employee acquaints himself with it and, if he agrees, puts his signature and sends the documents back to the employer in the same way. Also, an employment contract can be sent by mail, this case the original contract is sent in two copies, one of which the employee with his personal signature must send back to the employer.
3. Preparing a job application. To issue an order to hire an employee for remote work, only an employment contract signed by both parties is required. It is not necessary to require an employee to write an application for employment, labor legislation does not require this. The order in the T-1 form indicates information about the employee, the position for which he is accepted, the date of commencement of work. In the line to indicate the basis for the preparation of the document, the details of the employment contract are written.
4. Issuance of an employee's personal card. The order serves as the basis for issuing a personal card form T 2 for a remote worker, and also, if necessary, a personal file is drawn up, which includes all the documentation submitted by the employee about himself, as well as all statements, orders and other documents related to work activities worker.
5. Making an entry in the work book. In order to make a job entry in the work book, a remote worker should send his work book by mail. The employer, on the basis of order T 1, makes an appropriate entry and retains the work book until the termination of the employment contract. Upon dismissal, a record of dismissal is made in the work book, after which the book is sent to the employee who left.
6. Familiarization of the remote worker with the internal documentation of the company. Despite the fact that the employee works remotely, that is, is not within the organization, he must be familiarized with the internal normative documents that are related to it. Familiarization takes place electronically, that is, the employer sends the employee the documents with which he gets acquainted and puts his signature in the right place as a sign of awareness.

Features of registration for the work of remote workers

The employee can send documents of a personal nature to the employer in electronic form, having previously certified by a notary. If necessary, you can also send the originals of these documents to the employer, using registered mail with acknowledgment of receipt.

The drafted employment order must be handed over to the employee for a trial signature, this can also be done remotely via electronic communication or by using the postal service.

It is not necessary to send a work book to the employer for making a job entry, this is done only if the employee himself needs it. This is due to the fact that labor activity is confirmed not only by the presence of an entry in the work book, but also by the concluded employment contract.

Remote workers are entitled to all the guarantees provided by the labor code. In particular, he can count on payment sick leave, for the provision of annual paid leave, the deduction of insurance premiums.

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 regulatory 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

At home work 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 is not provided by the organization), the Internet, the 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 dated 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 dated December 29, 2016 No. 848.

To avoid misunderstanding with the employee, it will be correct to draw up job description or provision for 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 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.

At mutual consent workbook is not completed. 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 labor 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 production incidents and occupational diseases"No. 125-FZ dated July 24, 1998). 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 indicate the procedure for reimbursement of other possible costs related to the execution 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 pay itself is usually non-cash payment according to the details specified in the contract. If an employee wants to change Bank details for transfer, it is necessary to draw up an additional agreement and indicate new card data.

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.

Many companies have long been convinced of the real benefits of hiring remote workers, but literally until recently in Russia there was no legal basis for official labor relations. How to correctly register remote employees for work, what is important to consider in employment contracts, how to avoid financial risks- tells the IPK legal expert Tatyana Shirnina.

In 2013 the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) was supplemented by chapter 49.1 "Peculiarities of regulation of the work of remote workers". These innovations were due, among other things, to high development information technologies. And in practice, the principle of remote work has been used for a long time, that's just legal regulation for a long time did not have.

Today, outside the location of the employer (at home, in another city / country, in a restaurant, on the beach, etc.), specialists with different levels qualifications: engineers, lawyers, accountants, translators, journalists, editors, designers, programmers, auditors. Despite the fact that remote work is already a well-established phenomenon in Russia, there are no fewer questions. Let's try to answer some of them.

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

How to formalize an employment relationship with a remote worker?

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

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

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

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

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

Conditions of an employment contract with a remote worker

When drawing up an employment contract, it is necessary to be guided by article 57 of the Labor Code of the Russian Federation. But since it's a special kind labor activity, the text of the contract must reflect that the work is performed remotely.

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

Let's turn to article 312.1. TC RF:

“Remote work is the performance of a labor function defined by an employment contract outside the location of the employer, its branch, representative office, or 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, provided that it is used to perform this labor function and to interact between the employer and the employee on issues related to its implementation, information - telecommunication networks of general use, including the "Internet" network".

According to representatives of Rostrud (Letter of Rostrud dated 07.10.2013 No. PG / 8960-6-1 "On determining the place of work of a remote worker"), an employment contract for remote work should contain information about the place of work where the remote worker directly performs the duties assigned to him with an employment contract. Of course, the clarification of Rostrud is not equated with regulatory legal acts. However, the State Labor Inspectorate acts as its territorial body, therefore, the policy will be similar. That is, if the employment contract with a remote worker does not contain such a condition as a “place of work”, the company may be held administratively liable under Part 3 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

So where to look for the answer? The reference may be a letter from another federal agency executive power- The Ministry of Finance of Russia dated 01.08.2013 N 03-03-06/1/30978, which concluded from the definition of remote work given in Art. 312.1 of the Labor Code of the Russian Federation: for an employee, the place of permanent work is the place of his location.

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

Working conditions in the workplace

As you know, working conditions at the workplace are determined by the results of a special assessment of working conditions. But how can an employer describe these factors if the employee can move around on a daily basis? different corners Earth?

In fact, the legislator has provided for exceptions in terms of the mandatory special assessment of working conditions for certain categories of workers. These included remote workers (part 3 of article 3 federal law dated December 28, 2013 N 426-FZ "On a special assessment of working conditions"). Consequently, since there is no need to conduct a special assessment of working conditions, the employer is automatically relieved of the obligation to prescribe in the employment contract with a remote worker such items as: “guarantees and compensation for work with harmful and (or) hazardous conditions labor” and “working conditions at the workplace”.

Working mode

Here is another important question: how to build a work schedule when remote control? It all depends on how important the employer is to the time frame in which the employee will perform his labor function. This is also connected with the way in which the accounting of working time is set: the employer will keep it on his own or entrust the employee to mark work hours by self-taping.

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

The second option (if it is not important in what period of time the work will be performed) is to set the employee, for example, a 40-hour five-day working week, with two days off. Specify which days are considered working days, which days off. With regard to the time of the beginning and end of the working day, as well as a break for rest and meals, prescribe that they are set by the employee independently. In this case, you can write like this: “Duration of one working day: not less than 5 hours and not more than 9 hours a day. The duration of the break for rest and meals is 1 (one) hour, which is not included in working hours and is not paid.

Additional features

From the foregoing, we can conclude that it is necessary to fix the ways of interaction between the employee and the employer. In the employment contract, it is recommended to additionally prescribe means of communication ( mobile phone, e-mail, Skype, etc.) that will be used by the employee and the employer, and the time during which the employee must answer the call, incoming message / call back / write a message / get in touch.

What mode of operation would you prescribe in official documents, remember: a remote worker may be at a point with a different local time. Therefore, when determining the mode of operation, specify time zones. Otherwise, it may happen that when you get in touch with an employee at 8:00 Moscow time, you will not wait for him. After all, if he ends up, say, in New York, he will have a deep night - 00:00.

Don't Forget Vacation

Part 2 Art. 312.4 of the Labor Code of the Russian Federation obliges employers to prescribe the procedure for granting annual paid leave and other types of leave to a remote worker in an employment contract.

What else should be provided in the employment contract with the "remote worker"?

It is recommended to clearly state what equipment (software and hardware) will be used by the employee in the performance of his job function, by whom it is provided, what actions the employee needs to perform and within what time frame it is necessary to inform the employer about the breakdown, technical malfunctions. If the employee will use his equipment (for example, a laptop, telephone, etc.), the employment contract should additionally regulate the procedure and terms for paying compensation for its use.

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

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

1) When accepting a remote worker in a company, interviews are often conducted via Skype or by e-mail. In this case, the employer bears the risk of incomplete and unreliable assessment business qualities specialist. Agree, at home, when there are a lot of reference material(books, manuals, Internet), it is much easier to pass an interview.

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

Unfortunately, due to simple carelessness in the event of a litigation, the terms of the employment contract may be recognized as inconsistent with all the ensuing consequences. Therefore, remember: the employment contract must be signed by both parties with enhanced qualified electronic digital signature or a "live" signature on paper.

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

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

5) Terms procedural code, it is not entirely clear from what point the employee has the right to apply to the court for the restoration of violated rights.

Here is an example from practice. Moscow City Court in Appellate ruling dated 01/20/2015 in case N 33-1146 / 2015 found that on May 21, 2014 the plaintiff received a dismissal order by e-mail, printed it out, put his signature on it and also sent this order to the defendant by e-mail. Thus, the plaintiff received a copy of the dismissal order on May 21, 2014 and from that date he knew about his dismissal, and was not deprived of the opportunity to apply to the court with a claim for reinstatement at work before the expiration of one month. However, the plaintiff applied to the court on July 7, 2014, that is, he missed the one-month deadline.

Thus, in order to calculate the time limits for appealing against the actions of the employer, it is the employee's awareness of the violation of his rights that matters, including the receipt of an electronic copy of the order and the subsequent actions of the employee.

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

Another interesting question that arises in practice: Can all employees work remotely in small companies?

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

a) performance of a labor function outside the location of the employer;

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

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

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

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

On the this moment there is no judicial or inspection practice on this issue, therefore, what assessment the authorized bodies can give to such an organization of work, one can only guess.

As rightly noted in explanatory note to the draft law on amendments to the Labor Code of the Russian Federation in terms of regulating the work of remote workers, " modern development economy is impossible without productive employment, which is a derivative of a well-functioning flexible labor market that allows you to quickly respond to economic challenges.”

Certainly, at remote work many benefits, for example:

• reduction of the employer's costs for renting premises and organizing workplaces;
• saving time, energy and money for the employee due to the lack of transport problems- delivery to the workplace and back;
• growth of labor productivity during its organization in accordance with the desire of the employee in more comfortable conditions.

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

Tatyana Shirnina, Leading Associate of the Department labor law

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 a remote job) and an 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 travel, 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).

By general rule when sending an employee on a business trip, issue memo no need. 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, invoices, receipts, cashier's checks 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, set a surcharge.

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 management vehicles , 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 a driver’s position 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 issue a given period employee combination, 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 carry out work abroad, 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. In this case, it is necessary to distinguish between remote 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 Russian or foreign citizen will carry out 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

Teleworkers are subject to general rules labor legislation. 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 terms 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 connection);
• 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 on remote work, and subsequently additional agreements to it, can be concluded by exchanging electronic documents with electronic signatures between employer and employee. However, no later than three calendar days from the moment the contract is concluded, 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 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 a remote 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 office pension fund RF 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 job requires that the employee perform the work in certain days or hours, then the specific mode of work should be fixed in the employment contract or additional agreement to him. This conclusion follows from the totality of the provisions of the articles, the Labor Code of the Russian Federation.

Filling out the time sheet

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;

• implement mandatory social insurance remote employees from accidents at work and occupational diseases;
• familiarize remote employees with labor protection requirements when working with equipment and means recommended or provided by the employer for work.

Comply with other safety and health responsibilities for teleworkers (e.g., provide overalls, train safe methods and methods of performing work, etc.), the employer is not obliged, 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 a special conditions when dismissed on an additional basis, it is not prescribed 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 claim 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 sets additional ground dismissal, then he should not only clearly spell out the basis itself, but also specify the procedure for dismissal. For guidance, use the principles and approaches to .

Ivan Shklovets,

Deputy Head Federal Service for work and employment

With respect and wishes for comfortable work, Svetlana Gorshneva,

Expert Systems Personnel