Working remotely: features of design and control. Who is most likely to look for remote work? People restricted by the labor market

Applicants and existing employees are increasingly willing to work remotely, some employers meet this offer with a smile, and some are wary. The article discusses the opportunities that remote employment opens up and what consequences it is fraught with. The question is very twofold, in the USA this way of working is very popular, and in Russia it is only gaining momentum.

What is remote work

The official definition says it is labor Relations employer and employee, in which the latter performs his duties outside the office.

remote worker has a free schedule, is not always bound by an employment contract. The concept of “freelancer” is becoming more and more common - it is a synonym for “remote employee” abroad, in essence, is hired for hourly or piecework work.

AT Civil Code meets concept "home worker", which indicates the legitimacy of this interaction format.

Who is remote work suitable for?

It is important to recognize that home workers are not the right fit for every task, and before deciding to move your office to remote work, it is necessary to evaluate whether the solution is appropriate. For some professions, remote work will serve as an impetus for development, while others will destroy them in the bud.

Often such a schedule attracts advertising specialists, designers and editors. In a word, those professionals who do not always manage to withstand a stable workload and full-time employment. In addition to creators, remote work is interesting for marketing figures, analysts (including financial ones), craftsmen of psychological and sociological research. As a rule, such employees perform project tasks and it is much more efficient for them to work at home.

Increasingly, adherents of the IT-sphere are opting for remote work, because. there is no need to organize workplaces within the walls of the office. Through progress information technologies, developers software and webmaster system administrators and many others can easily cope with tasks without leaving home.

It is convenient to transfer copywriters, artists, proofreaders, translators and journalists to the home schedule. Professionals in the opposite field of activity can also work at home: stitching, packing, assembly and other similar work.

Working from home opens up employment opportunities for people with disabilities and women on maternity leave. This category of people is characterized by high motivation, works efficiently, but does not have the opportunity to get to offices and work out eight-hour working days.

Conventionally, from the volume of tasks that fall on specialists, 3 areas of remote work can be distinguished. The table shows an example of how often representatives of a particular profession are hired.

1. Remote workers.
They do not need an office to work, as tasks can be remote or traveling.
For example: sales representatives, sales managers, employees of remote regions.

2. Freelancers.
They will perform a one-time task or are suitable for hourly loading, they are drawn up under a contract or services. .
For example: translators, proofreaders, tutors, copywriters, lawyers, recruiters, business coaches, designers.

3. Remote workers.
Complete full-time office tasks while at home. For example: editors, creative specialists (designers, artists, etc.), marketers, researchers, IT-sphere, analysts, accountants.

Such an example does not limit the method of hiring, it all depends on what kind of load a person has and on the specifics of his functionality.

Economic efficiency

This format of interaction with an employee saves about half a million rubles a year. This is verified by a simple calculation, in which average figures are taken (in each region they may change).

The cost of an office worker for a company

For example, consider hiring a designer. The average salary for this position is 35 thousand - 30 thousand rubles per month, provided that the person works in the office. As practice shows, wages make up approximately 40% of all costs for office staff. The employer pays contributions, say, 13 thousand rubles, equips the workplace for 27 thousand rubles (rent, office equipment and its maintenance, stationery, utilities, telephone, social package, internet, cleaning and much more). In total, the presence of an employee in the office will cost 75 thousand rubles a month.

And if you also equip the workplace, then the amount can be safely doubled.

Remote employee costs

When calculating the cost of a homeworker, financial side much more interesting for the employer. Hiring a designer to work remotely, on average, they set a salary of 25 thousand rubles a month. If we talk about official employment, then contributions here will cost approximately 8.6 thousand rubles. You don’t need to spend money on a workplace, they have computers, roofs over their heads and the Internet. There is a possibility that the cost of office supplies and communications (including the Internet) will have to be reimbursed, but it is much cheaper - 1.5 thousand rubles. Thus, the designer will cost 35.1 thousand rubles per month.

The calculation clearly demonstrates monthly savings of 39.9 thousand rubles, translating into a year - this is a rounded figure of 480 thousand rubles. Even if you have to spend more than the indicated amounts in something, for example, to install the Internet, the benefit to the employer will still remain impressive.

Pros and cons of remote work

Despite the obvious savings, it is important to objectively evaluate the advantages and disadvantages of this type of cooperation.

Benefits for the employer:
— Reducing the cost of maintaining the workplace.
- Payment for the actual result and hours worked.
- Savings on tax payments.
— The ability to retain a valuable employee in a crisis.
- Reducing the cost of the social package.
— There is no need to purchase and maintain office equipment.

Disadvantages for the employer:
- There is no way to quickly transfer the task that has arisen.
- Difficulties with job control.
- Less team responsibility and collective influence.
- The risk of lowering the company's authority among customers due to a virtual office.

Employee benefits:
- Ability to perform several tasks at the same time.
- Free schedule.
- Reduced travel costs.
— Saving time on the road to work.
— Preservation of the place in crisis.
- The ability to do personal affairs in parallel with work (flexible employment).

Employee Disadvantages:
- Unstable loading.
- There is no team spirit and belonging to society.
- The risk of falling for an unscrupulous employer.
- Distribution of the content of the workplace among employers (calculations).
- Distracting factors.
— Reduction of guarantees from the labor legislation.

As the analysis shows, the coin always has two sides and each person determines the most significant factors.

How HR to build work with remote employees

In the absence of stable personal contact, the need to form a loyal attitude towards the company and work does not decrease. To do this, it is recommended to choose communication channels by phone or using the Internet. Key goal: to constantly be in touch with a colleague so that he realizes his value to the company and belonging to the corporate culture.

Home workers tend to be self-motivated and able to discipline themselves. At the same time, as noted above, they have enough reasons to be distracted. The ability to combine remote workers into working groups helps to cope with this problem, the result of which is evaluated by team indicators. Thus, 2 issues are solved: team spirit, communication with the team and involvement in the work process.

Working with remote work involves a certain percentage of maternity employees. It is important for HR not to neglect building contact with this category of personnel. If the interaction is completely satisfactory for both parties, then there is a great chance to subsequently transfer an effective colleague to a permanent basis in the office.

Arrange monthly or quarterly meetings, round tables, allowing you to share the results and unite in a team.

As attractive as the prospect of telecommuting is, it is important to act consciously, considering each step before making a decision. To understand how it suits the company to start hiring a small group of people and try out a new way of working for the company. After that, you can try to develop the project and expand the remote staff.

It will not be surprising if, after some time, most companies switch to the considered format of cooperation, because in addition to savings, it has a novelty effect that opens up interesting prospects.

Today, remote work (or, in the language of the Labor Code of the Russian Federation, home and remote work) is a very common type of relationship between an employee and an employer. In this regard, questions constantly arise related to the possible reaction of the tax authorities to certain aspects of such relationships. Let's try to consider the most relevant of them.

Remote compensation

Remote workers usually incur certain costs associated with the performance of their work duties. Including - and in connection with the use of personal property for these purposes. Can an employer reimburse an employee for such expenses? What problems arise in this case? If we turn to articles 188 and 310 of the Labor Code of the Russian Federation, then we can conclude that the parties employment contract have the full right to independently determine the procedure for reimbursement of such expenses of the employee. Moreover, the amount of compensation must correspond to the degree of depreciation of the property owned by the employee. The Government of the Russian Federation in its own way makes one exception to this rule: this is the depreciation of an employee's car. If the parties to the employment contract decide to fix in this document other grounds for reimbursement of the employee’s expenses, then in accordance with the letters and the Ministry of Finance of Russia dated 11.04.13 No. attention!) with differentiation of the degree of wear and tear for the use of property for labor and personal purposes. Thus, the tax authorities get certain opportunities to challenge such compensations. Those expenses of an employee that are difficult to differentiate according to their goals can become controversial: to separate depreciation as a result of the use of property for personal needs from depreciation in the performance of his professional duties by the owner. For example, any employee can use Internet access both for personal purposes and for professional activity. And the proportion of its use for certain needs can be difficult to establish and, accordingly, questions arise regarding the payment of such expenses.

"Remoteness" and "isolation" - is it the same thing?

For tax purposes, it may matter where the employee works, can the place where he performs his labor duties be considered a separate division of the enterprise? As a general rule, a remote workplace cannot be considered a structural unit. fixes the requirements that apply to a stationary workplace. In the case of remote work, there is no fixed place. And if there is no workplace, then, therefore, there is no separate place work. The same, but in other words, is also stated in clause 2 of article 11 of the Tax Code of the Russian Federation. It says that the activities of the organization should be carried out in a separate unit. The work of an individual homeworker does not meet this definition. But there is one exception that follows from the letters of the Ministry of Finance of Russia (dated May 23, 2013 No. 03-02-07/1/18299 and dated March 18, 13 No. 03-02-07/1/8192), and is confirmed by judicial practice: the location of the implementation labor activity on remote access (homework) may in some cases be recognized separate subdivision organizations, if the employer creates stationary jobs for such employees for a period of at least a month.

Homeworker in the office - is it a business trip?

An employee who performs his duties remotely visited the office of his employer in connection with the performance of his labor function. Is it possible to say that he is on a business trip and, accordingly, pay him travel expenses? The Ministry of Finance of Russia repeatedly (see letters dated 08/01/13 No. 03-03-06/1/30978, 08/08/13 No. 03-03-06/1/31945, dated 04.14.14 No. 03-03-06/1/ 16788) gave a legal interpretation of articles,, and 312.1 of the Labor Code of the Russian Federation. These documents explicitly state that all guarantees of labor legislation, including those related to the employee's stay on a business trip, including reimbursement of expenses incurred by him in connection with the trip, such as travel and accommodation, as well as daily allowances, also apply to those who performs their labor function remotely, remotely, with a home-based way of performing the duties enshrined in the employment contract. At the same time, there is a conflict of labor legislation that arises when interpreting the provisions of Art. 209 of the Labor Code of the Russian Federation. The tax authorities sometimes consider that, since the workplace of a homeworker may be considered the place of his residence (and for those who work remotely, the place of work may not appear in the employment contract at all), that the payment of expenses in connection with the trip to the head office and living in foreign locality can be made in accordance with the provisions of Article 188 of the Labor Code, but not as payment for the expenses of a seconded employee. In cases where the place of remote work and the location of the head office coincide within one locality- such a point of view, most likely, will be supported in a controversial case by the court.

How to correctly account for the results of remote work as expenses in the form of a salary

There are two polar points of view on this matter, since there is a certain competition between the norms of labor and tax legislation. Let us designate both positions that can become the basis for resolving disputes in judicial order. One of the key principles of labor legislation is the prohibition of discrimination against certain categories of workers. That is from remote employees organizations cannot demand what is prohibited for office workers. And the features of the working conditions of workers "at a distance" are enshrined in the Labor Code of the Russian Federation. Going beyond these limits will mean discrimination.

Article 312 of the Labor Code of the Russian Federation. General provisions (extract) Remote work is the performance of a labor function determined 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 - public telecommunications networks, including the Internet. Remote workers are persons who have concluded an employment contract for remote work. Remote workers are subject to labor legislation and other acts containing norms labor law, taking into account the specifics established by this Chapter. If this chapter provides for the interaction of a remote worker or a person entering a remote work and an employer by exchanging electronic documents, enhanced qualified electronic signatures of a remote worker or a person entering a remote work and the employer are used in the manner prescribed by federal laws and other normative 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.

The general rule states that the confirmation of the expenses incurred by the employer for the remuneration of employees are the relevant provisions of employment contracts and job descriptions. Consequently - no additional reports, other evidence of the employee's performance of his labor duties. On this occasion, there is arbitrage practice(See, for example, the decision of the Federal Arbitration Court of the North-Western District of April 17, 2013 No. A13-6626/2012). At the same time, clause 1 of Article 252 of the Tax Code of the Russian Federation states that expenses (including those for paying salaries) need to be documented. In relation to office workers, such confirmation is personnel records, including how much time the person actually worked. And established in Art. 312.4 of the Labor Code of the Russian Federation, the right to independently determine the working hours for those who work remotely does not at all cancel the employer's obligations to record the hours actually worked. Since there is no relevant data for "remote workers" - please, provide other evidence. No discrimination, but only a forced reflection of the specifics of this kind of labor relations. One of the ways to solve this problem is to fix the methods of accounting for hours worked directly in the employment contract. As such methods, you can use printouts of control telephone conversations. This is not a troublesome business, but it will help save the employer from unnecessary disputes with the tax authorities in the future.

Internet business without remote workers is nowhere. Copywriters, designers, web developers - all these professionals do not have to work in an office. Where to look for them, how not to make a mistake in choosing and correctly formalize an employment relationship - read in new article our blog.

Freelancer vs Remote Worker: What's the Difference?

First, let's distinguish between freelancers and remote workers. The former are often involved in one-time work: write a text for home page site, think over the design of the site, draw a logo and so on. Remote employees are part of the company's staff, but they do not work in the office, but at home. According to the Labor Code, the relationship between the employer and the remote employee includes:

• conclusion of a formal agreement on distance cooperation;
• receiving a task from the boss, where the conditions and deadlines for completion are prescribed;
• written consent of the employee to perform - can be on the Internet;
• direct performance of work;
• making corrections if necessary;
• receiving payment by agreement.

1. It's comfortable. If you need an employee for one project (develop a website, come up with a design) or you need his services from time to time, it will be more convenient to use remote hiring. When the work is completed, you pay for it and terminate (or suspend) the employment relationship.
2. It's profitable. Unless your remote worker is a super pro, you can always negotiate for less than what you would pay an office worker. And most importantly - no dissatisfaction: the competition in the freelance market is huge, many employees are glad that they were noticed at all and invited to work.
3. It's fast. When looking for an employee, it is not necessary to advertise in newspapers and on websites, to look for a good specialist through acquaintances and friends. It is enough to go to a freelance group - and crowds of people who want to work will attack you themselves.

Disadvantages of remote work

1. Lack of control

When an employee sits in the office, you can track what he is doing at any time. Deleters, on the other hand, are free birds, often miss deadlines - and look for wind in the field. There is a solution to the problem: to control the work remotely. Oblige the remote employee to enter tasks into a special program - for example, trello.com or asana.com.

Trello is a free web application for small team project management.

Also keep track of how long it takes to complete tasks with tools such as Project Web App. This will help the employee himself - he will learn to control his time, not be distracted by trifles and household chores and increase labor productivity.

2. No personal connection

In an ordinary company, a subordinate can approach the boss ten times a day to resolve organizational issues, clarify tasks, and so on. In order for you and the remote employee to understand each other, draw up a detailed TOR and communicate more, even if virtually. Add it to a corporate chat on social networks, WhatsApp or Telegram, call on Skype, communicate by voice messages.

3. No teamwork

Even if your remote employee- a lone wolf, he needs communication with other colleagues. Firstly, in order to better feel the atmosphere of the company, and secondly, to interact with other people. Indeed, for normal work, it is important that everyone is involved in the work process - both those who work in the office and those who sit in a dressing gown at home. The solution is corporate chats and conversations, video conferences, and, if possible, personal meetings, corporate parties. More a good option- invite a remote employee to spend some time in the company's office so that he is imbued with the team spirit.

Types of remote workers and their motivation

Let's see what types of remote employees are divided into and what their motivation is. Knowing this, you will be able to develop a line of conduct with each of them, as well as a system of rewards and punishments for employees.

1. Moms on maternity leave

This may be your own employee who went on maternity leave, but has some free time and is ready to work for the benefit of her own company. Or just a woman who wants to earn extra money.

What professions are suitable?

If you have the appropriate education - almost any that do not require presence in the office. Maternity workers make excellent accountants who take on the balance of several companies, authors of articles for women's magazines, programmers, designers - thousands of them!

Employee Qualities:multifunctionality (try to write a report while stirring the porridge and putting the baby to bed), responsibility and attentiveness (“professional” qualities of parents), learning ability. Of the negative - work for mothers will always be in second place after the child. If you are not afraid of “oh, I didn’t make it on time, because the child has a fever,” feel free to take maternity leave to work.

Motivation:mothers are forced to stay at home and temporarily cannot realize themselves professionally. For many, being just a “happy mother and wife” is not enough: give them the opportunity to work and earn! Well, money for a child is always needed, of course.

2. A separate category - inexperienced.

These can be the same maternity workers, housewives and other beautiful ladies and gentlemen who want to earn extra money, but do not have the knowledge and experience. For some reason, it is believed that anyone can write an article and copywriting is the lot of maternity leavers. The next level for inexperienced people is to take weekly courses or seminars on fashionable topics (content management, basics of web programming, etc.)

What professions are suitable?

If there is no education, inexperienced people do a good job of working as an operator of incoming calls, calling clients using ready-made scripts, administrators of public social networks.

Employee Qualities:curiosity and responsibility. A neophyte cannot afford to give up on work - on the contrary, he will bring it to the ideal in order to get your approval.

Motivation:at the initial stage of a career, it is important for beginners to gain experience and get a good portfolio. To do this, they are often ready to work for a penny or for food, and many employers, to be honest, shamelessly use this. You can save a lot on beginners - but then get ready to correct their flaws and jambs yourself.

If there is no education, inexperienced people do a good job as an incoming call operator

3. Workhorses

These are hard workers who are accustomed to work hard. They have a main job, a couple of part-time jobs, and they will never refuse additional kalym. Money is needed! Often workhorses are residents of small towns. It often happens that the salary there is pure tears, it’s scary to break away from your old place of work and go to the metropolis to earn money, but you want to get good money. There remains a part-time job that hard workers are intensively looking for on the Internet.

What professions are suitable?

Absolutely any, if there is an appropriate portfolio and work experience.

Qualities of employees: these are not just workers, but terminator robots that do not know fatigue. They work quickly, they are responsible for quality, they don’t miss deadlines, they know their business - just perfect employees! The only negative is that if there are too many part-time jobs, such an employee can concentrate on the most important thing. this moment or highly paid, and the rest to perform automatically.

Motivation:as already mentioned, best motivation for horses - money. They do not need recognition and the laurels of the best worker, they do not want an entry in the work book and acceptance into the state - if only they would pay, but more.

4. Creative personalities

These are the same freelance artists who create with a laptop under a palm tree somewhere in the Pacific Ocean. Or in a working coworking space, or in a cafe with free Wi-Fi, or at home in a residential area - no matter where. For them, a strict schedule, office dress code and instructions from the boss are unacceptable - they catch inspiration and write only what they like.

What professions are suitable?

Any creative, not associated with hard deadlines. TK - as free as possible so that the author can show creativity to the fullest. It is not recommended to involve creators in working with people: they are unlikely to be able to hang on the phone, the subtle mental organization will not stand it.

Employee Qualities:creativity and non-standard thinking - this cannot be taken away from the creator. At the same time, they are sometimes optional, waiting for the coming of the muse instead of sitting tightly at the computer and working. When a freelance artist faces harsh reality, for example, a copywriter instead of literary texts I have to write for the hundredth time about “buy plastic windows cheaply” - the creative fuse passes quickly, and the crisis is not far away.

Motivation:if you want the creator to be as interested as possible in working with you - let him express himself as he pleases and do not limit him to specific deadlines. Of course, there is a risk of not waiting for the finished work at all, but the result is worth the candle.

5. Real professionals

These are people who have been in the profession for many years. They get good money and can only afford to take on projects that they enjoy. Ordering a text from a cool specialist costs far more than one thousand rubles. But people who care about quality, and not the original price, are unlikely to waste time on trifles and hire copywriters on the stock exchange.

What professions are suitable?

L any in which a person has realized himself. The presence of education does not play any role: the portfolio and experience speak for themselves. Also, pros can act as experts and independently teach what they have already taken place in.

Qualities: responsibility, purposefulness, self-organization. Everything will be clear and to the point, but you will also have to pay above average.

Motivation: it's hard to imagine what can interest a professional. He has accumulated experience, a chic portfolio, and his name is known in narrow (or even wide) circles. Try to offer him something really new and interesting to make his eyes light up. Well, a good fee that will not leave you indifferent.

Job Search VKontakte

In communities, you can independently search for a job seeker or place an ad in the relevant topic.

4. Word of mouth- well, where without him. It is worth posting an announcement on the same social network that a remote employee is required, friends and friends of friends with contacts of a good employee will definitely respond.

Legal subtleties

A remote worker, according to the Labor Code, must conclude an agreement with the company on remote work. If there is no such document, all calculations and agreements are based only on word of honor. In order not to have problems with the tax, we advise you to draw up an official employment contract with the employee - while making an entry in the work book is not necessary.

The contract prescribes standard clauses: the rights and obligations of the parties, the amount of payment, the procedure for accepting work, and so on. For registration, you will need a passport, an insurance certificate, a document on education is not necessary. They can be scanned and sent to the employer by mail.

Full-time employees, whether they work remotely or not, are entitled to holidays and days off, overtime and maternity leave, and benefits. Remote workers receive payments upon dismissal, paid sick leave, but they also deduct taxes in a timely manner. Upon dismissal, the employer is obliged to issue a dismissal order and familiarize the employee with it, even if in electronic form. In short, remote workers have exactly the same rights as your other employees.

If you do not plan to hire an employee, but need his work to write a text, make up a booklet, etc. - conclude a civil law contract. In this case, the remote employee acts as an individual providing services. After the work is completed, an act of completed work should be issued.

So, check out a job site or a remote worker community, create an ad, and wait for another smart person to appear in your company. Be prepared for the fact that a professional is not immediately found - sometimes you have to review dozens of candidates and only then make a choice. And most importantly - respect the employee by formalizing the employment relationship according to the law.

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Many managers have probably had to deal with the fact that their employee wants to “work from home”. How did you react to this? Most likely, you imagined how fun an employee is having a good time, not thinking about work at all.

Modern technologies allow the employer not to worry about the fact that their subordinate "shirks" from performing his duties. The emergence of smartphones and free Wi-Fi zones allow you to keep this issue under control. Therefore, it will be better if you take care of maintaining the integrity of the company.

From this article you will learn:

1. 5 options for finding remote employees
2. Step-by-step instruction the right recruitment of employees
3. 6 Best Remote Employee Management Tools

Who are remote workers

remote employee

This is a specialist hired to perform certain duties. Moreover, these can be both full-time employees with whom the company has concluded an employment contract, and freelancers, that is, private specialists who are attracted to perform any specific work (for example, the development of a specific project).

In fact, the concepts of a remote employee and a freelancer are significantly different from each other and should not be confused.

According to forecasts, up to 20% of Russian citizens by 2020 will acquire the status of "remote worker at home". Even today, some companies practice this form of work.

Pros and cons of an employee working remotely

Not so long ago, a survey was conducted in which 500 remote employees took part. The researchers were faced with the task of comparing the level of satisfaction of remote and office employees.

The experts were very surprised by the results. Remote workers have identified a number of advantages in their system of work:

1. About 91% of respondents believe that they work more productively at home.
2. People like to work more seven days a week but be less busy during the day (fewer hours). They feel happier than people who work in a non-standard mode (for example, at night, from Saturday to Wednesday, etc.).
3. Evaluating your level of job satisfaction (on a 10-point scale), average rating of remote employees was 8.1 points, and office workers - 7.4 points.
4. In terms of whether they are valued by management and peers, the remote worker score was 7.9 and the office worker 6.7.

Criticism from the management and analysis of the performance of remote employees is perceived much easier than when working in the office (as a rule, this process is quite painful and is associated with certain problems).

However, remote work also has disadvantages, which are often not given due attention either by management or by the employees themselves.

Below are the results of the study, the purpose of which was to identify the negative impact of remote work on corporate culture:

1. So, 27% of remote employees could not fully work due to the lack of support from colleagues (correspondence and chat will not replace simple human communication).
2. Assessing the relationship with other employees, the remote employee gave 7.9 points, and the office employee - 8.5 points (on a scale of 10).
3. Employees who were "forced" to work remotely felt more unhappy than those who did so voluntarily. This fact once again testifies to the social nature of a person, confirming the need for habitual interaction with colleagues and other people.

According to the results of the survey, it can be concluded that the use of a remote work system is moving to new stage development. Now a remote employee can do much more in less time than an employee who is in the office can do in the same time.

Of course, management will have to make a choice between a slight decrease in productivity and a deterioration in corporate culture, which is a consequence of the fact that employees do not know each other and are deprived of the opportunity to discuss their ideas, consult.

3 common misconceptions about hiring remote workers

Remote workers put company data at risk

Some believe that information leakage is inevitable if it is transmitted through third-party servers. However, the risk of leakage can be minimized by using the services of a highly qualified IT specialist.

In the arsenal of professional IT teams there are quite a few ways that have received world recognition. Such remote employees can protect the computer of any manager from unauthorized intrusion, as the use of cloud technologies makes it possible to work with special programs. In addition, information will be more secure if you use a VPN and two-factor authentication.

Naturally, if an employee wants to steal data, he will do it regardless of where he works: at home or in the office. So, the office mode of operation does not guarantee 100% safety, everything here depends on human qualities.

Remote work raises costs

There is a common belief among employers that a remote worker is expensive because they need to use additional technology. But this is usually not true. Of course, sometimes management has to spend some money on the purchase and delivery of equipment. But these costs are justified.

This is quite understandable. First of all, the employer is exempt from rent (office and furniture), from providing additional benefits (coffee, tea, copiers, etc.). In addition, there are countries where the reduction in the company's carbon gas is reflected in taxes, and remote employees do not need to use transport every day to get to the workplace.

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Remote work kills company culture

A remote employee cannot fully experience the corporate spirit - it's true. However, the success of the company directly depends on the attitude of management towards their subordinates, and not on how often they can “chat” with each other. Therefore, only properly organized communication contributes to the preservation of corporate culture.

The manager's task is to show that the company really needs the employee and means a lot to it (especially if he works remotely). So, it is not at all necessary to regularly personally communicate with subordinates in order for the employees to be positive and the company to have a friendly atmosphere.

Who is most likely to seek remote work?

A remote worker typically falls into one of the following categories:

Women on maternity leave

Young mothers who want to earn extra money. They can live in any city, and not necessarily in Russia. They are most suited to work with a free time schedule, to which they can devote about five hours a day.

This regime allows them to combine child care, family life and earnings. Such women can be involved in both administrative and collective activities. The main thing is that the duties performed do not require adherence to a clear schedule (for example, communicating with customers by phone, accepting applications, etc.).

Main criteria: women under 38 living in the regions.

Preferred vacancies: social network administrator, operator of incoming/outgoing calls.

Likely risks: lack of work experience, non-compliance with the terms of the assignment.

People restricted by the labor market

We are talking about people who cannot find offline work due to the fact that they live in small towns or are disabled. Often the possibility of employment of such people is practically equal to zero. Of course, life does not stop there, so they have to look for a way out of this situation, and remote work is very difficult. good decision Problems.

These can be specialists of completely different orientations and qualifications, who are suitable for any work schedule, since this is often the only way to earn and survive. For the employer, such a remote employee can be a real "find". Often they have to retrain, as their previous work experience may not match that required for online.

Main criteria: men and women of any age, without restrictions on the place of residence.

Preferred Jobs: any work. The main thing to pay attention to is the desire to work and the potential of the applicant, since these people are characterized by high self-organization and a sense of responsibility.

Likely risks: low professional skills.

freelance artists

This category includes people who need to be free in a given period of time, or they like to travel. They feel comfortable when they can do work with a cup of coffee in their hands, sitting in a cozy cafe.

Such a remote employee is able to combine personal life and the process of "earning" for its worthy provision. For some time we observed such people and came to the conclusion that they, as a rule, master such a field of activity where “direct” communication with people is not required.

Main criteria: men and women of any age, without restrictions on the place of residence, with creative thinking.

Preferred vacancies: marketers, content managers, technologists or executive assistants.

Likely risks: low level of self-organization, violation of deadlines for delivery of work, decrease in labor efficiency.

Experts

These are highly qualified specialists, true masters of their craft. Such employees use every opportunity for self-improvement and self-development. Of course, they can work equally effectively both at home and in the office, because the only thing they are interested in is their work. They guarantee a quality result, because they have high professional skills.

Main criteria: most often, men who are responsible for work and have high level self-organization. Guaranteed high quality work.

Preferred vacancies: programmers, intellectuals, technicians, managers who manage remote employees, specialists with a narrow focus.

Likely risks: there are no professional risks, but they need to provide high wages.

Search for remote employees: 5 options

Labor exchange

Various sites with job offers. It is obligatory to specify in the announcement: work at home or the remote employee is required. On some resources and sites aimed at employment, there are separate sections that are marked as “remote work”. For example, "From hand to hand", HH.ru, Rabota.ru and some others.

Social network

Enough effective way if you need employees to work remotely. You will be required to develop a banner with a message about the vacancy. Then you run targeted ads on popular social networks (Facebook, VK and OK). Also, you can place paid and free job advertisements in the thematic community.

In addition, you can visit the communities where job seekers post their resumes and get acquainted with the materials of users leading groups whose topics are similar to your field of activity.

Territory of job posting

It is very important to observe the geographical aspect of the search. For example, companies located in Moscow, when recruiting remote employees for regular positions, should pay attention to the regions. But if you need a specialist high category then, of course, focus on major cities, because you are interested, first of all, in the professionalism of the applicant.

If you need an IT specialist, then it is better to use Ukrainian sites, practice shows that a large number of very smart programmers are concentrated there.

If you need remote employees to work in a call center or other specialists whose duties will include communicating with customers by phone, then, of course, only Russian resources should be used here. It makes no sense to look for literate and pure Russian speech in any other country or in the Russian outback (dialects, peculiarities of dialect and pronunciation may not have a good effect on work efficiency).

Specialized Resources

There are many portals and resources that facilitate the search for highly qualified specialists, experts in their field. Finding them is easy if you enter the appropriate query into the search engine. Among them are such as Zarplata.ru, VC.ru and many others.

Freelance exchanges

Today, labor exchanges are becoming more and more popular, thanks to which it is possible to recruit employees for remote work. Of course, specialists working “from order to order”, in other words, freelancers, are most often registered there, but it is also worth a look there.

When writing a vacancy announcement, note that you are counting on long-term cooperation, and not on fulfillment short term work. In addition, we advise you to mention that you do not welcome part-time work in other companies.

Popular freelance exchanges are recognized such sites as freelance.ru, work-zilla.com, FL.ru and some others.

The Right Recruitment of Remote Employees: A Step-by-Step Guide

Step 0. We decide for ourselves: why we hire remote employees

Before you start looking for your remote worker, you must answer next questions:

1. What is the purpose of hiring an employee? What responsibilities will the remote worker perform? What production tasks will be solved?
2. What qualities should an employee have? so that he successfully solves the tasks assigned to him? What should be the education, qualifications, work experience?
3. What wages are you ready to pay? Set the minimum and maximum earnings (the amount should not be announced in the ad or at the interview, you must determine the allowable limits, first of all, for yourself).

Step 1. Compose a job description

If a job is opened by a popular company like Google, then the need for a detailed introduction disappears by itself. Job seekers understand that a decent company will offer a decent job. But if you are not yet one, then people will only know about you what you tell them in the vacancy.

The text should be positive, honest and informal in order to evoke appropriate emotions in the reader. For example, you run a company whose team consists of young people, and the relationship between team members is more like friendship than business. So dry formal business style text for your ad just doesn't fit.

Present the vacancy as you would invite a good friend to become a member of your team. Do not forget to finish with the words: "We are waiting for your resume at the address ...".

Also, remember to be honest. Agree, you will have a "pale look" if the employee is disappointed, not having received what was promised and convicting you of deceit.

Step 2. We study the received resumes

Some are sure that a resume cannot be of any value to an employer. We want to challenge this misconception. We believe that a resume is the first thing a candidate for a vacant position should provide. First of all, you will have the opportunity to get acquainted with some facts of the applicant's work biography: education, seniority and experience, previous place of work, etc.

At first glance, the presence of the "Hobby" section is not at all necessary. But we do not agree with this, because the interests of a person, what he does in free time, can characterize it much better than any labor characteristics. Because this is what is really interesting for a person, since he does it “for his own pleasure”. It is this section that can reveal the true motivation of a future employee.

In addition, it is worth paying attention Special attention how the resume is structured. For example, what would you think if a future remote worker sends you a document with a completely different addressee? Most likely, you will decide that he is not attentive enough or absent-minded.

Or maybe he is simply not interested in your offer, and he sent the document "on the machine"? After all, for some reason he did not correct the name of the addressee company. Are you interested in this candidate? Hardly. So, it will be quite logical if you just thank the person for the information provided and participation.

So, the resume should be requested, but you should not believe everything that is written in it. Quite often it does not correspond to reality: someone can talk very beautifully about himself and be “no” specialist, and someone, on the contrary, is an extra-class professional, but he could not draw up a resume correctly.

Step 3. We conduct a survey, narrowing the circle of candidates

If you are interested in someone's resume, invite candidates to answer the questionnaire. You can use Google Drive to create a form. It should not be too voluminous (10 questions are enough), information content is first of all.

The questionnaire should contain situational questions in order to have an idea of ​​some of the candidate's professional skills before the interview. For example, “What would you do in such a work situation?”.

In addition, ask what salary the applicant expects. We are sure that a person should receive as much as he wants for work. Therefore, if he voices a figure that exceeds the one that you are ready to offer, then further conversation does not make sense.

Even if you find a compromise, one of the parties will be unhappy: either the employee, receiving an unsatisfactory salary, or the employer, "does not fit" into his budget. The outcome of such relationships, as a rule, is predetermined from the outset.

Ask what working hours (Moscow time) the remote employee prefers and see how many working hours you have the same (preferably at least a four-hour coincidence of the schedule).

As a result of the survey, you should have 3-5 people who you consider the most promising candidates. Do not forget to thank everyone who took part in the survey, and with the rest, we move on to the next stage - the interview.

Step 4. We conduct an interview

Considering that you need a remote employee, we are not talking about personal meeting. The interview can be conducted, for example, via Skype.

Before the start of the interview, you should have a list of questions ready to be asked to absolutely all applicants (this will make it possible to objectively evaluate the candidates). You can offer situational questions and inquire about the person’s past accomplishments (education, previous places work, etc.).

It is advisable that during the interview you conduct a small test to determine key professional skills and abilities.

Suppose you need a remote employee − programmer. Ask him to solve an appropriate problem, for example, let him share a Google document. You watch his work right there, being on the air.

If you need support worker, then his main qualities should be accuracy, literacy and attentiveness. So, as a test, you can offer a text in which mistakes are made, and see what and how quickly he sees and corrects.

Candidate for marketers offer a theory case. For example, a company is engaged in the production of slippers that it plans to sell to hotels. What is the best way to approach this task?

remote employee analyst will be engaged in the processing of information, which means that the applicant can be provided with some (fictitious) statistics and asked to analyze according to some parameters (for example, set the time spent on the site, the most popular pages, etc.).

It's hard to tell how honest sales agent, salesman approached writing a resume, if not to ask him to "call a potential client now and try to sell your products."

During the interview, you should take into account:

• Candidate is anxious. Stressful situation negatively affect the quality of the tasks being solved.
• You must identify core professional skills Therefore, testing should include tasks inherent in a particular specialty.
• Don't neglect feedback. After completing the task, it is necessary to evaluate the work done (check positive points and mention something that didn't go quite smoothly).
• Take the opportunity to test in a relaxed environment. Offer to work from home. For example, "Solve this problem and send the result by 11:00 tomorrow." Important: set specific deadlines (you will find out how punctual a person is).

Moments that can ease the "pangs of choice":

• Record your impressions immediately after the interview. If you're dealing with multiple applicants in succession, it's easy to get confused.
• Trust your intuition. If one of the applicants is in doubt, stop dating. Practice shows that such premonitions are justified.
• Do you need one remote employee, and you have two worthy applicants? Conduct additional testing, verification. People can be told that you need time to make a final choice between two candidates.

Large companies practice paid probation, after which the most suitable employee is selected. During the internship, feedback should be provided at least once every two days. Ask what your colleagues think about the intern.

• When hiring an employee, pay more attention to his attitude to work. Professional skills are acquired, but the attitude is almost impossible to change.

How to register a remote employee

Registration of a remote employee is carried out after the provision of certain documents provided for Article 65 of the Labor Code:

• Identification document (passport).
• Employment book (except for cases of first employment or part-time employment).
• Certificate of state pension insurance.
• A military ID or a document on military registration (required for those liable for military service and people of military age).
• Diploma or other document of education, indicating the presence of certain professional knowledge(if the job requires special knowledge).

To employ a remote employee, the employer must:

1. Accept the documents listed above from the employee.
2. Provide for review the regulations that the employee must know in order to perform duties.
3. Conclude an employment contract for a remote employee.
4. Issue an order to hire a new employee.
5. Fill out the T-2 form (personal card).
6. Make an entry in work book(unless it is mutually agreed that remote work will not be recorded).

A remote employee must be included in the company's staff and have the same rights as other employees. The laws of the Russian Federation do not provide for any “special provision” or exceptions.

However, remote work provides for one, fundamentally new form of interaction: the exchange of documents in in electronic format.

Both the employer and the subordinate must provide confirmation that an electronic document sent by the other party has been received. The terms for sending the confirmation must be stipulated in the employment contract.

In order for such a document flow to be possible, it is necessary to obtain an electronic signature. An electronic document can be considered information confirmed electronic signature, since it is equivalent to the signature and seal that are put on paper copies.

Electronic document management opens up the following opportunities for the employer:

1. Conclusion of an employment contract (if this applies to remote work).
2. Obtaining a signature on regulations sent to a remote employee for review. According to Article 68 of the Labor Code, the internal regulations, the collective agreement, the regulation on payroll and some other local regulations are sent, according to which remote employees will be monitored.
3. Drawing up an additional agreement, on the basis of which changes can be made to the employment contract.
4. Familiarization of the employee with the orders and orders of the head, with other documents, after reading which the subordinate must put his signature.

Electronic document management allows an employee to send various documents (applications, explanations, etc.) to his employer.

The employment contract must indicate the place of its conclusion. As a rule, this is the address where the employer is located.

The contract must specify the place where the remote employee will work.

AT Article 312.1 of the Labor Code it says that it is allowed to indicate his address of residence as the workplace of a remote employee.

An employment contract for remote work may include additional conditions. For example, about the use in their work of certain data protection tools, programs, equipment and other tools that the employer considers necessary. Moreover, equipment and facilities can be provided by the company's management, or they can simply be recommended.

On the territory of Russia, individuals working remotely are subject to the generally established taxation system (personal income tax).

Thus, working on the Internet as a remote employee is equivalent to working in any other company.

Employees who work remotely are entitled to all compensation and guarantees provided for by the Labor Code of the Russian Federation if they work on the basis of a concluded employment contract (that is, they are officially employed). These include:

• Paid holiday duration 28 calendar days(at least), which must be provided annually.
• Additional and educational leave.
• Payments of benefits for temporary disability(sick leaves due to illness, childbirth, etc.).

How to organize remote access for employees

Make sure you have internet access

If your company works remotely, then the Internet is your space. All work processes are connected with it: informing, data exchange, communication, accounting, control.

For us, cloud CRM has become a real find. This virtual environment available anywhere in the world. In order to enter it, it is not at all necessary to have a server or wires, it is enough to have some device that supports the Internet.

There is Internet access, the appropriate speed - you can get to work.

Use cloud programs

To work effectively, you will need to manage the business process: set tasks, take into account time and control the performance of work, take care of the safety of information.

In fact, a lot of cloud programs have been developed. The main thing is not to get confused and choose the one that best suits your needs. In this case, you can be guided by the following principles: simplicity, speed and accessibility.

In addition, pay attention to the presence of "reminders" (sometimes this is simply necessary). Often schedulers are equipped with many options that are absolutely useless, so the functionality should be as simple as possible.

A plan has been drawn up, tasks have been set - proceed to their implementation.

Use IP Telephony

The bulk of successful sales is done through telephone connection(33 - 92%). If you lose it, you risk losing customers. Familiar telephone sets imply a constant presence in the office, which means that a remote employee is not your option. Using mobile phones for regular calls is expensive. Moreover, once outside the coverage area of ​​the network, you can miss the call.

Virtual telephony is the ideal solution to the problem:

1. The cloud is involved, so it does not matter where exactly the employee is located.
2. A single number that can be used anywhere in the world.
3. Provider support may be needed at any time, and you will receive it (technical assistance, answers to questions, a hint for action).
4. The exchange of electronic documents can be carried out without personal communication, simply by sending the original documents.

Check list, necessary for the leader, for the effective use of PBX:

• Listen to calls(you must know how an employee works, for example, an online store remotely).
• Keep track of missed calls(you will understand why not all customers can get through).
• Connect with CRM.
• Set up forwarding(your subordinates will be in touch around the clock).
• Follow the statistics(you will see the "big picture" of the company's work).

Set KPIs

Suppose you hired two employees, for example, Fedya and Kolya, to perform identical tasks. They work according to the generally accepted schedule (eight hours a day from Monday to Friday). And one day you notice that Fedya "works hard" for all eight hours, and Kolya always has a couple of hours left, which he spends "on himself, his beloved."

Naturally, you come to the conclusion that you no longer need Kolya's "services" and say goodbye to him. However, later it turns out that Kolya coped with the task in six hours, and the rest of the time he was engaged in self-education, and Vasya is not able to complete daily allowance and eight hours. It turns out that your decision was hasty.

For any leader, the result is more important than the amount of time spent to achieve it. Therefore, if you are moving into a remote work mode, it is wise to set key performance indicators (KPIs). Moreover, the assessment system should be understood not only by you, but also by the remote employee.

The principle of operation is as follows:

1. An employee enters his monthly and quarterly plan into a Google Docs spreadsheet.
2. At the end of the reporting period, the results are summed up (the employee notes completed and outstanding tasks).
3. The manager, looking through the data, sees how things are going for each employee.
4. A remote employee knows what to focus on and what the management's expectations are.

In addition, you will be able to know about the tasks completed for a specific period if you regularly conduct operative reports and get acquainted with the reports of subordinates. This approach to the organization of accounting and control will avoid the risk of dismissal of a really valuable employee.

Work on team development

It may happen that remote employees have different qualification level- this is not very convenient, so it is worth training them. Track thematic online courses and educational programs, especially since at present there are quite enough of them - this is copywriting, and SEO, and marketing, and much more.

You can learn:

• Online university "Netology". Specialization: Internet marketing of various levels (from beginner to expert).
• Lecture hall "Theory and Practice". Specialization: business, art, design.
• Interactive courses "HTML Academy". Specialization: HTML and CSS.
• Online catalog "Coursera" offers the most numerous list of training courses (and not only Russian, but also other countries).
• Academic educational project "Lectorium".

Don't forget that communication involves two-way communication: you and the remote employee must be in regular contact. This will help you to verify the effectiveness of the chosen system and suggest ways to improve the company.

Ask, conduct online meetings and surveys. All in your hands!

Remote Employee Management: 6 Best Tools

• Basecamp

Basecamp is a service that provides a platform for organizing and discussing collaboration. Here, a remote employee can find not only like-minded people and support, but also tools to help organize work: file sharing, tasks, time control.

Free use is not provided. The cost of one month of use is $29.

• PivotalTracker

PivotalTracker is a project management service. It is designed to plan and control the work of remote employees, tracking the effectiveness of each of them. Using PivotalTracker allows you to follow the development of the project at each stage.

The service offers analytics and visualization tools, which helps to quickly identify and evaluate problem areas, set the most successful moments and stages that are ahead of schedule.

The service can be used by a team of three people for free. In other cases, you will have to pay from 12.5 dollars.

• Kanbanery

Kanbanery is a service used by team members. It is a "task board" that can be used for any type of work that requires close collaboration between employees. Using this service, you can identify problems and errors, generate reports, search for information about any stage or section of the project.

The trial period - 30 days - is provided free of charge.

• Jell

The trial period - 14 days - is provided free of charge. Monthly tariff - from 4 dollars.

• Proofhub

Proofhub is a service suitable for both remote employees and freelancers. It has a rather advanced functionality and it is possible to carry out managerial functions (task management, performance monitoring, time tracking). Proofhub allows you to integrate other programs. Also have mobile app, thanks to which the remote employee can always be in touch.

The trial period - 30 days - is provided free of charge. The most profitable is the individual tariff, which allows you to simultaneously manage 10 projects with different amount participants. The monthly cost of using the service is $18.

• Jira

Jira is a tool that includes many various functions for efficient project management. It is suitable for teams with a different number of remote workers (from a few people to 50,000 employees). With Jira, you can create a plan that suits every team member.

Among the variety of tools, there is an accurate assessment function, thanks to which a remote employee can work “in time” with the rest of the team. Using the reporting system, you can control the project at any stage of work.

There is no free period. The monthly cost of using the service is $10.

How to control remote employees

Regardless of the field of activity and the complexity of the tasks, each remote employee must follow the structure of the process, and you must control this. Only with a well-established management system can you know how your subordinate solves the tasks assigned to him, how effective his work is, how the work on the project is progressing, etc.

If each employee has a clearly formulated task (with a description and a deadline), then it will be quite difficult to do something wrong. You can create a visual work plan and streamline the sequence of tasks using the scheduler or CRM system.

But it is important not to go too far with the degree of control. Keep in mind that a remote employee consciously chooses this form of work, he wants to feel more or less free in his actions. Such employees are ready to provide the company with their abilities, offer original solutions, so excessive control can cause them negative emotions, dissatisfaction and push them to quit.

In many ways, it is the nature of the tasks to be solved that determines the level of control. Sometimes you can just check the progress of the process and request statistics. It’s easier if the employee works “for the result”: use the deadline and check compliance with the established criteria. That's all control.

Naturally, many managers are afraid that a remote employee is shirking work, having a lot of rest, and so on. But competent employees plan their work in such a way as to spend less time on it. So don't get hung up on HOW MANY people work. The main thing is HOW he does it (does he meet the deadlines, does the quality match, etc.).

Dismissing a Remote Employee

The dismissal of a remote employee is regulated by chapter 49.1 of the Labor Code of the Russian Federation. The dismissal procedure is similar to that which an employee goes through during normal work: first of all, a remote employee must write a corresponding application in any form.

The structure of the application is standard:

• In the upper right corner, the employee writes to whom the document is intended (name of the company and full name of the head) and indicates his data (full name and position).
• Centered "Statement".
• The text must include the reason for dismissal ( own wish or mutual agreement of the parties).
• Date and signature below.

To avoid controversial points, the application is certified by a notary, a color scan is made and sent to the employer.

The remote employee must inform the manager of his intentions no later than 2-3 days before submitting the application and work for two weeks from the date of its submission (if necessary, and the employee leaves without good reason).

In addition, the manager has the right to send the employee's work book by mail only if he has an application indicating the delivery address.

It happens that the employer is the initiator of the termination of the employment contract (this option should be provided for by the terms of the contract). Article 312.5 of the Labor Code states that such a dismissal will be legal if the employment contract is signed by both parties. This fact is taken into account in the case of resolving disputes in court.

According to Article 57 of the Labor Code of the Russian Federation, a remote worker should not be infringed on his rights: he has the right to protection from arbitrary dismissal and payment of compensation. The dismissed “remote worker” is entitled to a severance pay in the amount of a monthly salary (this will reduce the risks litigation and maintain loyalty to the company).

"Payment: accounting and taxation", 2012, N 7

How often in recent times we hear about telecommuting, freelancers, telecommuting and other things related to work outside the office. Of course, now it is difficult enough to imagine a virtual office, online meetings and much more that relates to remote work. However, as you know, everything is developing, and, perhaps, in the near future, many employers will be able to abandon offices and organize their business directly on the network. What is meant by remote work? Representatives of what professions or specialties can be involved in such work? How to formalize labor relations with employees working outside the office? In the article you will find answers to these and some other questions.

The concept of remote work

With the development of information technology, sometimes it is not necessary to be present at the workplace to perform any work. Already, on-line work is gaining ground, when employers and employees, with the help of special technical means maintain working contacts, being in different places.

First, let's figure out what kind of work is remote. First of all, this is work outside the office. The essential attributes of remote work are modern views telecommunications (e-mail, web interfaces, software products for on-line interaction). The performers in this case are at a distance from the place where the results of their labor activity are in demand.

Such work may exist in various forms. For example, home work is carried out at the place of residence of the employee, while work can be performed both from materials and using tools and mechanisms allocated by the employer, and purchased by the homeworker at his own expense (Article 310 of the Labor Code of the Russian Federation).

The so-called freelancing is also a kind of remote work. AT this case individuals who are not related to labor relations with any employers provide various services both businesses and organizations and individuals. Freelancers usually formalize their employment relationship with a civil law contract.

The next type of remote work is remote work: the employer's office is not located in the region or city where the employee works.

Note that remote work can be carried out:

• at home (the workplace is equipped at home, the employee does not need to be present at the office);
• on business trips or at customer sites (for example, in construction companies, when it is necessary to control the activities of construction teams, e-mail, ICQ, mobile communications are used);
• with the condition of mandatory appearance in the office with a certain frequency, for example, once every two weeks (this mode of remote work is suitable for managers of Internet projects: to perform their duties, they only need a computer with Internet access and mobile communications, however, sometimes they need to attend planning meetings with the company's management, attend seminars, conferences, trainings);
• in the territory of the employer, which is far from the place where the employer is based (for example, the employer is located in one city, and the employee performs work in another city).

As you can see, certain work can be performed within the framework of both civil law and labor relations. At first glance, civil law relations are more acceptable for remote work. However, at the same time, the employee has some additional responsibilities: he must independently take care of finding customers, studying the market, providing himself with resources and raising the professional level. Moreover, in accordance with the current legislation, he will have to register as individual entrepreneur. Not all employees want this, and therefore most of them still prefer labor relations.

Who can work remotely?

So, we have defined what counts as remote work. Now let's figure out what kind of specialists can be involved in work outside the office?

Remote work is most common among representatives of creative professions, such as designers, artists, writers, translators, programmers. In addition, the activities of media market specialists do not require a permanent workplace, for example, in the field of advertising, activities in the field of information technology, consulting, etc.

To work at home, typists, dispatchers on the phone, assemblers of various products or parts can be accepted. Their activities do not have to be controlled: you just need to check the results of their work.

Today, remote work is performed mainly by:

• designers (from landscape to web design);
• employees who maintain the website in working condition (internet marketers, site administrators, moderators, etc.);
• editors;
• journalists;
• IT-specialists (writing programs, testing software products).

Regulatory regulation

The current labor and civil legislation does not regulate the entire range of types of remote work. The only type that is more or less regulated is home work (Chapter 49 of the Labor Code of the Russian Federation and the Regulations on the working conditions of homeworkers<1>). But even in relation to him, there are many questions and ambiguous interpretations of the norms of the Labor Code.

<1>Approved by the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of September 29, 1981 N 275 / 17-99.

For example, it is not clear how to keep a time sheet of a homeworker, whether it is possible to fire him for absenteeism or appearing in a state of alcoholic or other toxic intoxication. In addition, the procedure for assessing the conditions for performing work at home for compliance with labor protection requirements by the employer raises questions.

In 2011, the Russian Union of Industrialists and Entrepreneurs put forward the idea to separately prescribe in the Labor Code the provisions on the labor of workers outside the employer's territory. However, this idea was not developed, as the public attention was riveted to more scandalous norms, such as increasing the length of working week and others, but in vain. For example, currently a Moscow company, in order to remotely use the services of an employee in Nizhny Novgorod, which, say, represents an online store, must register a separate structural unit there - a branch or representative office. However, this is not always advisable, especially if this employee works at home via the Internet and the organization does not have other employees in Nizhny Novgorod. As a result of this, organizations often evade registration, and, accordingly, there are risks of being held liable by the state labor inspectorate or the tax service.

Advantages and disadvantages of remote work

Like any other work schedule or method of organizing work, remote work has its pros and cons. For clarity, we present them in the table.

Advantages	Flaws
Cost savings (rental fees, utility bills, etc.)	Lack of assigned responsibilities and leverage on employees
Savings on office equipment service), stationery accessories	Impossibility of working with remote worker
Savings on taxes, deductions and social package	The inability to control employee's activities
Ability to pay less salary than an employee office worker	Lack of a fixed office negatively affects the image companies
Remote workers are less likely to be absent and go on sick leave	Work efficiency depends on from the professionalism of the remote employee, because he does not have opportunities to interact with colleagues and structural divisions

For workers, remote work also has both positive and negative sides. For example, they like the lack of control from the authorities, the dress code. For some workers, remote work is an opportunity to cut off contact with people they don't like. In addition, people who work outside the office like that they independently organize the work process and can do household chores in parallel.

At the same time, workers may not be satisfied with the lack of society, a stable workload and constant earnings. If the relationship is formalized by a civil law contract, then employees are not provided with vacations and other guarantees and compensations provided for by labor legislation.

As you can see, there are advantages and disadvantages for both the employee and the employer. In any case, the issue of using remote work in the company is decided by the employer.

Features of registration of labor relations

When using remote work, the employer may have some difficulties with determining the workplace, accounting for working hours, and the possibility of bringing to disciplinary responsibility.

Let's start with the employment contract. Article 57 of the Labor Code of the Russian Federation contains a list of information and conditions to be included in an employment contract. So, one of the required job condition. Moreover, if an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, it is necessary to indicate the place of work, the separate structural unit and its location.

Usually, the place of work is determined by the location of the employer - an organization or an individual entrepreneur, and in order to fulfill the above requirement of the Labor Code, it is enough to indicate in the employment contract that the place of work is a specific organization, for example Vasilek LLC. Note: although the labor legislation does not contain a requirement to indicate the address of the place of work, we recommend that you nevertheless indicate the address of the employer in the employment contract.

If an employee is accepted for remote work in a separate structural unit located in another locality or other locality, it is required to fix in the employment contract that the place of work is the corresponding separate structural unit of the organization located at a specific address. For example, if Romashka LLC is located in Moscow, and the employee is admitted to the Nizhny Novgorod branch of Romashka LLC, it is necessary to indicate this and indicate the address of the branch in Nizhny Novgorod.

If the employee is accepted for permanent work in another locality, but there is no separate structural unit of the organization, it is necessary to indicate in the employment contract that the place of work is this organization, and additionally note that the employee will perform his labor duties in another locality . In this case, the question may arise: will the employee not have to arrange a business trip? You don't have to. The specified condition in the employment contract just confirms that the employee works where he lives.

Note. Indication in the employment contract of the settlement for the implementation of the labor function, which is different from the location of the organization, will help resolve the issue of vacancies available to him in this area, in cases established by the Labor Code:

• Art. 74 - if the terms of the employment contract determined by the parties have changed for reasons related to changes in organizational or technological working conditions, and the employee does not agree to work in them;
• Art. 76 - when deciding on the removal of an employee in the event of suspension for a period of up to two months of a special right that an employee has (licenses, rights to manage vehicle, the right to bear arms, another special right), if this entails the impossibility for the employee to fulfill the obligations under the employment contract;
• pp. 2, 3 h. 1 tbsp. 81 - when deciding on the termination of an employment contract at the initiative of the employer in connection with a reduction in the number or staff of employees or inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
• pp. 2, 8, 9, 10 or 13 h. 1 art. 83 - when deciding on the termination of an employment contract due to circumstances beyond the control of the parties;
• Art. 84 - in case of termination of the employment contract due to violation of the rules for its conclusion, if the violation of these rules excludes the possibility of continuing work;
• Art. 261 - upon dismissal of a pregnant employee due to the expiration of the employment contract, which was concluded for the duration of the duties of the absent employee.

An additional condition that may be included in the employment contract is the specification of the place of work - an indication of the structural unit and its location or workplace. Note that with remote work, this may not be at all. We recall that, by virtue of Art. 209 of the Labor Code of the Russian Federation, a worker is understood to be a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. Therefore, when working remotely, you can:

• specify in the employment contract, while the employee will have to be in certain places but these places will not be controlled by the employer;
• do not specify in the contract, thereby allowing the employee to independently determine the place where he will perform the work.

On the one hand, it is very important to indicate the workplace, since it is the absence from it that can be regarded by the employer as absenteeism, respectively, it is possible to apply disciplinary measures up to and including dismissal.

Note. absenteeism - absence from the workplace without good reasons during the entire working day (shift), regardless of its (her) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) (subparagraphs "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation).

On the other hand, for the employer, the main thing is the performance of the work and is it so important where the employee is, if all the work is done on time and with high quality.

We cannot but highlight the point of view of some authors that, even if the workplace of a remote worker is not fixed in the employment contract, it can be established later, for example, by order or other local normative act. This position based on paragraph 35 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2. Therefore, if it is important for an employer that a remote worker be in a specific place for some time, an order can be issued to determine the workplace. Accordingly, the employer will have a legal basis for the application of disciplinary measures.

The next mandatory condition of the employment contract is labor function(work according to position in accordance with staffing, profession, specialty, indicating qualifications; specific type of work assigned to the employee). We believe that in the case of remote work, the labor function of an employee should be clearly defined. This can be done both in the employment contract and in job description so that the parties to the employment relationship can clearly understand the obligations of the employee, the fulfillment of which the employer may require.

If the employee's labor function is not described in detail, disagreements may arise between the parties to the employment contract, which, as practice shows, are not always resolved in favor of the employer.

Time tracking

Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods that relate to working time. Article 91 of the Labor Code of the Russian Federation establishes the obligation of the employer to record the time actually worked by each employee. For this purpose, the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1 provides for unified forms T-12 "Time sheet and payroll calculation" and T-13 "Time sheet". But how to take into account the working time of an employee who works outside the office?

The legislator has not regulated this issue either, therefore, we believe that the accounting of the working time of an employee working at a distance must be kept, relying on his good faith.

Based on Art. 21 of the Labor Code of the Russian Federation, in accordance with which the employee must conscientiously fulfill his labor duties and comply with the rules of the internal labor schedule, it is possible to fix in the employment contract a provision on the obligation to notify the employer about absence from the workplace (if it is determined by the employer) and to prohibit working beyond the established working hours time.

It turns out that the time sheet will be filled out on the basis of data on the working hours of a particular employee, as well as deviations from the norm and working hours. This approach is also confirmed by guidelines for the use of unified forms, according to which the costs of working time are taken into account in the time sheet either by the method of continuous registration of attendance and absence from work, or by registering only deviations (absenteeism, lateness, overtime hours, etc.).

Document management for remote work

At present, the issue of the exchange of documents between remote worker and his employer is not regulated at the legislative level, however, like most of the nuances of the labor activity of workers in this category.

Unfortunately, even with the existence federal laws on electronic digital signature, the norms of labor legislation still do not provide for the possibility of drawing up documents regulating labor relations (employment contract, orders, etc.) in electronic form and signing them with an analogue of a handwritten signature, for example, an electronic digital signature.

Of course, it is best to personally meet with the employee when his signature on documents is required. However, this is not always feasible. We believe that it is possible to send documents by mail (with a list of attachments and a return receipt). It is worth noting that with such an exchange of documents there is a risk that they will be lost or copies of the employer will not be returned by the employee, but this is currently the only way to comply with labor laws.

Summarize

Remote work is associated with certain difficulties, since it is practically not regulated by labor legislation, so the majority of workers who work outside the office remain in the shadows and are formally unemployed.

Until there is clarity on the regulation of remote work, we recommend concluding not an employment contract, but a civil law contract. It is on the basis of the latter that the performer will create artistic or musical works, translate or edit texts, hold presentations in your city, etc.

A.I. Suverneva

Journal Expert

"Salary:

Accounting

and taxation"