Registration of a remote employee - features of labor relations with remote workers. Remote workers: a complete guide for HR specialists and accountants

Representatives of a variety of professions can work at home: accountants, translators, programmers. Art. 310 of the Labor Code gives the following definition of the concept of “homeworker”: this is a person who has entered into an employment contract to perform work at home using materials and using tools and mechanisms provided by the employer or purchased by the homeworker at his own expense. There are some peculiarities in regulating labor relations with the named employee. Here are the main differences between the work of homeworkers and the work of other employees.

Work specifics

A remote employee, as a rule, performs the work assigned to him not in the premises provided by the employer, but at home. This means that the employer will not be able to control the labor process, in particular, whether the working hours are observed. It is possible that the homeworker will perform work stipulated by the employment contract, with the participation of family members. Moreover, labor relations do not arise between members of the homeworker’s family and the employer (Article 310 of the Labor Code of the Russian Federation). In addition, if a remote employee uses his own equipment and materials to complete a task, he should be compensated accordingly.

Working from home is regulated by Sec. 49 of the Labor Code of the Russian Federation and the Regulations on the working conditions of homeworkers, approved by the Resolution of the State Committee of Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated September 29, 1981 No. 275/17‑99 (hereinafter referred to as the Regulations). Now the Regulations are in force to the extent that they do not contradict the Labor Code.

Labor legislation applies to homeworkers in accordance with Chapter. 49 Labor Code of the Russian Federation. The employer's internal documents (collective agreements, bonus provisions, internal regulations, etc.) concern them only if they do not contradict the employment contracts concluded with them.

In Art. 91 of the Labor Code of the Russian Federation states that the normal working hours of employees cannot exceed 40 hours per week. The employer is required to take into account the hours worked by each employee. But homeworkers are outside the office, and it is almost impossible to control them. As a rule, in the report card (forms No. T-12 and T-13) they are given the required 40 hours. Homeworkers, like regular employees, are subject to the bonus system established in the organization. Homeworkers are not paid extra for overtime work and work on weekends and holidays. This is due to the specifics of the organization of work for remote workers. They independently determine their working hours. Thus, the rules governing wages for overtime work, work on weekends and non-working holidays, and at night (Article 152-154 of the Labor Code of the Russian Federation) do not apply to them. All work performed by homeworkers is paid in a single amount. This is stated in paragraph 16 of the Regulations.

Rights and obligations

For homeworkers, all guarantees and compensations provided for by labor legislation are retained. In particular, they have the right to annual paid leave of at least 28 calendar days and to state benefits in case of illness, pregnancy, birth of a child, etc.

An employment contract is concluded with all employees according to the same rules provided for in Chapter. 11 Labor Code of the Russian Federation. When hiring homeworkers, in addition to the mandatory conditions, the document must indicate everything that relates to the specifics of their work.

What is meant? As mentioned, a homeworker can receive tools, equipment and materials from the employer or purchase them at his own expense. The accepted option is recorded in the contract. If personal property is used in the work, indicate the form, amount and timing of compensation for expenses (how the purchase and wear and tear of property, the cost of telephone conversations, the Internet, etc. are reimbursed). In addition, it is necessary to prescribe the procedure for accepting products (the result of work), their export and determining quality.

The condition on the terms and methods of payment of remuneration is mandatory (Article 57 of the Labor Code of the Russian Federation). The homeworker's salary can be paid in cash through the cash register, transferred to a bank account or sent by postal order. As a rule, homeworkers have piecework wages, that is, they receive remuneration for each unit of production that meets the employer's requirements. Sometimes it is more convenient to assign a fixed salary (to an accountant, translator).

Determining the workplace

A homeworker is registered for work in the same way as all employees. When the employment contract is signed, the manager issues an order (form No. T‑1 or No. T‑1a), which the homeworker must familiarize himself with under signature. If the place of work is the main one, a note is made in the work book after five days of work (Article 66 of the Labor Code of the Russian Federation). The rule in paragraph 8 of the Regulations that this is done only after the homeworker has completed the first task is invalid, as it contradicts the Labor Code.

Here, many may have a question: is a homeworker’s workplace a separate department?

According to paragraph 1 of Art. 83 of the Tax Code of the Russian Federation, the organization at the location of the separate division is obliged to register for tax purposes. Should you do the same when hiring a home worker?

Any division with stationary workplaces located in a separate territory is recognized as separate (clause 2 of article 11 of the Tax Code of the Russian Federation). A workplace is a point (directly or indirectly) controlled by the employer, where an employee must be or where he needs to arrive in connection with work (Article 209 of the Labor Code of the Russian Federation). It is stationary if it was created for more than one month. The employer does not provide the homeworker with working conditions and does not have rights to his premises, since he does not have title documents (lease agreement, certificate of ownership, etc.). A homeworker does not go to work or travel, but works where he lives. No one has the right to control his house, since the home of any citizen is inviolable (Article 25 of the Constitution of the Russian Federation).

Thus, the homeworker’s place of work cannot be called a separate unit for any reason, and there is no need to register at his location. The Ministry of Finance of Russia adheres to the same point of view (Letter dated May 24, 2006 No. 03‑02‑07/1‑129).

Reimbursement

As already noted, a homeworker can use his own equipment, tools and independently purchase materials to perform work. Based on Art. 188 of the Labor Code of the Russian Federation, when an employee uses personal property with the consent or knowledge of the employer and in his interests, the employee is paid compensation. The amount of reimbursement of expenses is determined in the employment contract.

Depending on the type of activity, a homeworker uses a variety of tools and equipment. So, an accountant needs a computer, a printer, a copy machine, and a dressmaker needs a sewing machine. An employee can transport manufactured products to the office in his own car. The telephone will most likely be used for communication between the employee and the employer.

The organization's costs of paying compensation for wear and tear of equipment provided for in the employment contract can be taken into account for profit tax purposes. But they must satisfy the requirements provided for in paragraph 1 of Art. 252 of the Tax Code of the Russian Federation, that is, to be economically justified and documented. For example, when determining the amount of compensation for the use of equipment, you can proceed from the Classification of fixed assets included in depreciation groups (Regulation
of the Russian Federation dated 01.01.2002 No. 1). In this case, the parties have the right to independently determine the amount of the reimbursed amount, guided by common sense and the economic justification of such costs.

Please note: compensation for the use of an employee’s personal car can be taken into account only within the limits of the norms approved by Decree of the Government of the Russian Federation of 02/08/2002 No. 92 (clause 11, clause 1, article 264 of the Tax Code of the Russian Federation).

Often, to perform work, a homeworker buys various materials and components at his own expense. In the tax accounting of the employing organization, expenses associated with the acquisition of such material assets can be taken into account on the basis of clause 1 of Art. 254 Tax Code of the Russian Federation. Confirming documents are invoices and cash register receipts, which are attached to the advance report.

In accounting, costs for the purchase of materials are classified as expenses for ordinary activities (clause 7 of PBU 10/99). Write-offs are made as these inventories are released into production (clause 16 of PBU 5/01).

If the employment contract establishes that supplies are the responsibility of the employer, purchase costs are taken into account in the usual manner.

The cost of fixed assets is written off according to paragraphs. 1 clause 1, clause 3 art. 346.16 et sec. 4 p. 2 tbsp. 346.17 of the Tax Code of the Russian Federation, and materials - in accordance with paragraphs. 5 p. 1 art. 346.16 et sec. 1 clause 1 art. 254 of the Tax Code of the Russian Federation (clause 2 of Article 346.16 of the Tax Code of the Russian Federation). Only paid expenses are reflected in the tax base (clause 2 of Article 346.17 of the Tax Code of the Russian Federation).

When transferring equipment to a remote worker, an invoice for the internal movement of an object is filled out in form No. OS-2 (approved by Resolution of the Goskomstat of Russia dated January 21, 2003 No. 7), and when transferring materials - a requirement invoice in form No. M-11 (introduced by Resolution of the Goskomstat of Russia dated October 30, 1997 No. 71a).

Progressive control methods

A question that many employers cooperating with remote workers ask: how can you influence a person who sometimes lives in another city and does not work in the office? There are several ways to solve this problem: administrative, economic and socio-psychological. Social and psychological methods play a very important role when interacting with a remote worker. It is important to constantly interact with employees, even at a distance; moral stimulation, development of initiative and responsibility among employees are also important.

For example, the American company oDesk practices tracking the activities of homeworkers using technical means. For example, productivity monitoring is established for working on the keyboard or using a mouse, the number of open windows, and traffic to sites not related to work. In addition, Monitor Activity oDesk Team creates a slideshow of online activity of remote workers, so-called screenshots and pictures from a webcam. This information is not for internal use at all. Customers with whom oDesk works can make a request for a specific employee and use materials captured from cameras and other technical means. This is not the only company in America that uses tracking methods for homeworkers. For example, Working Solutions monitors its employees' phone conversations. Here, during parallel listening, the increase in tone in a conversation, incorrect answers, the presence of background (for example, children's voices, barking dogs, the sound of a working receiver or TV, etc.) are very strictly monitored. The question of the legality of using such measures abroad in this case does not arise, since the use of these methods is carried out by agreement of the parties, that is, the employee is notified of the presence of wiretapping or video recording. According to research conducted by American sociologists, the majority of homeworkers who work under conditions of constant supervision do not express any dissatisfaction, since their work is decently paid, and over time, along with some inconveniences, they simply develop the habit of not noticing them.

If we talk about simpler means of control, then this, of course, is the system of sanctions (fines, penalties) in case of violation of the contract, deadlines for completing work or illiterate execution of the task. Their sizes are agreed upon in advance with the remote worker.

Still, the main incentive for a homeworker remains the prospect of contacting him in the future and long-term cooperation. For this reason, the remote worker will try to complete the order efficiently and on time.

Anton A. Ageev, consultant of the First House of Consulting “What to do Consult”

The employment process went like this: I applied for a vacancy on HeadHunter and received a test task. It was designed to last 30 minutes, but it took me 50. After the test there was an interview stage. We agreed on a convenient time and called on Skype.

That's how I got into Tilda and started working remotely from home. There were no difficulties: I worked half the shift, minded my own business, and then got back to work. It was cool because I used to spend two hours a day commuting to and from work.

Three life hacks to help you find remote work

1. Find out if you can switch to remote work at your current job. This is the simplest and most comfortable option. Talk to your manager and explain the situation to him: you don’t want to spend an hour or two every day on the way to the office, so the only option that will suit you is remote work. If this option is possible, agree on how the transition will take place. If not, think further about how to develop within this company.

2. Write to employers directly. It often happens that the company you would like to work for does not have open vacancies on its website. Try writing a letter with an offer and a description of how you can be helpful. There is a high probability that the company is ready to work with remote workers under certain conditions. Even if there are no open vacancies in your field, do not hesitate to offer your services.

3. Apply for vacancies with office work. Let's say you come across a vacancy on HeadHunter or SuperJob that clearly states: work in an office, at a metro station. Respond and send a letter in which you describe in detail your professional experience, how you can be useful and why you think that you should get this position. But please clarify that you live in Kursk and successfully work remotely. Even large companies will pay attention to the letter if the specialist really deserves it.

4. Features of working in Bali

Seva Petrov

I worked remotely from Rostov-on-Don, but I wanted to try. Therefore, when I found out that Ivan was leaving for Bali, I decided to follow him - when you have friends in a foreign country, it’s already calmer. Before that, I had not traveled to Turkey or Egypt, nor had I been to neighboring countries - this was my first big trip.

Regarding what our working day looked like: life on the island does not compare with life in the city. Now I look outside the window, and there are concrete slabs and panel houses. And there are unusually beautiful views all around: the ocean on one side, the sea on the other, mountains, forests, rice fields on the third.

It seems that it is not the workplace that is changing, but you yourself are changing. Your environment greatly influences you. It’s more pleasant to work there, even if the conditions are worse than in the city. For example, in Bali I didn’t have a special workplace: I worked at home at a coffee table or went to a cafe.

We had one advantage - time zones. We could get up early, go somewhere or go surfing, and at 11 am local time we sat down to work - at 6 am Moscow time. That is, we had 4-5 hours in the morning and 4 hours during the break to rest and explore the island.

The Internet in Bali is worse than in Russia. Therefore, when there were connection problems, we went to warungs - small cafes where there is free Wi-Fi. And of course, we always had mobile Internet with us, but it is quite expensive: 600-1,500 rubles for 30 GB of Internet, which does not always work.

Ivan Bystrov

Leading support specialist at Tilda Publishing, working remotely for 1.5 years.

When I got tired of working from Krasnoyarsk, I bought tickets to Bali, rented a hostel for the first month and went to a country I knew nothing about before. All issues were resolved on the spot. Here are some tips that may be useful to those who want to repeat our experience.

How to get a visa to Indonesia

You do not need a visa for a period of up to one month. If you want to stay for a couple of months, you just need to pay for an on arrival visa at the airport. It costs $35 and allows you to stay on the island for up to 2 months without leaving the country. The only thing you need to do is to extend your visa after the first month. It also costs $35 if you do it yourself, and $50 if you entrust it to an agency.

After the visa expires, you need to leave the country and repeat the procedure for subsequent residence. In Malaysia you can get a social visa (you need a letter from an Indonesian resident, can be done through an agency) for 6 months at once. This visa can be extended directly in Bali, but you cannot leave the country - it will burn out.

Where is the best place to rent and how much does it cost?

Housing is no more expensive than in Russia, but the quality is better. The average option will cost approximately 3,000,000 Indonesian rupees - about 13,000 rubles per month. This is a guest house, essentially a small hotel. We lived in rooms with air conditioning, large beds and all amenities. The kitchen is shared among 5 rooms. Nearby there is a bar, a swimming pool, and parking for a bike. The price includes Wi-Fi and cleaning once a week.

How to get around the island

Unexpectedly, there is no public transport in Bali. Therefore, renting a bike is as necessary here as finding housing. Prices range from 600 thousand rupees per month to 2 million. In rubles this is 2,500–8,500 per month. For 2,500 rubles you will get a moped to move around the island, and for 8,500 you will rent a Kawasaki Ninja and enjoy the speed.

How much does food cost in Bali?

Prices for locals and tourists may differ significantly. For example, a coconut costs 40 rubles - you can both drink and eat it. A serving of rice with chicken - 60 rubles. That is, for 150 rubles you can have a good lunch and drink freshly squeezed juice, if you know where. I've seen that the price of the same dishes increases up to ten times if you eat in a restaurant and not in a cafe where locals eat.

Do you need health insurance?

Necessarily. I didn’t need it, but my friend needed medical help twice: because of poisoning and toothache. If there was no insurance, we would have to pay 80-100 thousand rubles. Medical care here is very expensive.

5. How to organize work so as not to let clients and colleagues down

Ivan Bystrov

Leading support specialist at Tilda Publishing, working remotely for 1.5 years.

To communicate with colleagues we use chat in Telegram, it’s convenient to exchange anything there. From time to time we test other services, for example, we change platforms for scheduling - we try to find the most suitable one.

We also try to meet with colleagues if we cross paths in some cities. Part of the Tilda team communicates in person, while we try to communicate via video chats. For example, on Fridays we hold video meetings where all support staff discuss tasks for the week and say what needs to be added and what to pay attention to.

When a newcomer joins the team, we don’t need to explain that we work remotely - this becomes clear already in the process. We, in turn, help him gradually get into the swing of things. We are only for it if a newbie asks questions and marks us in their tasks. We help and don’t burden him with complex questions on the backend until he masters the main points.

Alexander Marfitsin

Content Director at Amplifera.

I can give three simple pieces of advice to a specialist who wants to start working remotely.

• Designate an area in your apartment where you will work. Don't let anyone in there within range of a cannon shot all day long. If you don’t abstract yourself, you will be jerked around all day, and you won’t work properly.
• Don't spare money on a good chair and table.
• Run, swim, go to the gym, play football, basketball, practice. Choose anything, but be sure to engage in physical activity.

Seva Petrov

Leading support specialist at Tilda Publishing, working remotely for 1.5 years.

Most of our communication takes place on Telegram. But we also use the excellent task manager Trello. There we enter our wishes, tasks, bugs. And when problems are solved, we add new ones.

Sometimes non-trivial tasks arise, for example, when users ask for features that we had not even thought about. We look at the reaction of users: if 30-40 identical requests are collected, then we definitely pass them on to the developers for consideration.

We have built a small hierarchy: we communicate with users, identify queries and bugs, and pass them on to front-end or back-end specialists. If I need a developer’s help to get a good answer, I send him to a special chat.

Tanya Abrosimova

Producer of the magazine "Knife".

Setting up processes turned out to be very simple. I worked remotely in Moscow for a year, and now in Tbilisi. All our work communication is concentrated in Telegram, complemented by Trello and Google Docs. It turned out that everything can be done remotely.

But there are also some peculiarities: while working remotely, I got lost, so I can wake up at 12 o’clock in the afternoon and fall asleep at 4 in the morning. That’s why I can write to my colleagues at 3 am. But I never demand an immediate answer. If they have a different schedule, they will simply do the work when it is convenient for them. It often happens that when I wake up, the results have already been sent to me.

Alexander Marfitsin

Content Director at Amplifera.

To build processes when working with remote workers, you don’t need to do anything unusual: you just explain to them how everything happens. Any adequate person can work remotely. And if he can’t, then he won’t cope in the office either. To remain a sought-after specialist remotely, you need to do the same thing as in a regular job: do your job well, be in touch and be able to communicate with people.

6. How to work outside the office and not feel disconnected from life

Sergey Bolisov

One of the common problems of remote workers, which many of my colleagues are familiar with, and I myself once experienced, is a certain isolation from the world. Personally, I have two ways to help me deal with this. The first way is that I artificially come up with reasons for myself to leave the house. Even if I don’t need anything in the store, I’ll figure out what to buy so I can walk an extra 10-15 minutes. And the second way is this.

Seva Petrov

Leading support specialist at Tilda Publishing, working remotely for 1.5 years.

If we compare the office and remote work, the office is still preferable for me. But the secret is that you can’t work in one place for too long. The office is better because it is a special place where people come to work - you won’t lie around on the couch in your underpants. But if you sit in the office for too long, productivity decreases. Therefore, when I was freelancing, I constantly went to cafes, libraries, and coworking spaces.

7. What will help you remain in demand as a specialist?

Sergey Bolisov

Lifehacker Distribution Director, Netology lecturer, Tilda Publishing evangelist, has been working remotely for 12 years.

I have two pieces of advice from my personal experience and the experience of my colleagues that will help you stay relevant. Both of these tips assume that any remote employee is hidden from the radar of large companies and well-known HR professionals.

Go to public events

At least from time to time, once every six months or a year, go to a major conference in Moscow or St. Petersburg. This is an opportunity to ask questions to colleagues and experts, learn something new, and meet people. This will help you become more visible in your field.

Tell us about your work

Everyone has something to talk about. Share interesting things from your experience on a blog, social networks, Telegram channel or YouTube. If you are involved in SMM, tell us how you used new mechanics in social networks. Tell us about new approaches to infographics if you are a designer. Or show what's interesting going on in your work. Share this so that people around you and followers can see how you can be useful. And when they need to hire an employee with the same skills, they will remember you. Even if they are in Moscow, and you are in Novosibirsk.

Tanya Abrosimova

Producer of the magazine "Knife".

I've been working remotely for a year now, and in my opinion, this is the best thing that can happen to a person. But this realization did not come immediately.

At the very beginning it was difficult when I had to learn to switch from the state of “I’m resting at home” to the state of “but I’m already working.” I didn’t have a workspace, and the sofa was so conducive to just lying down. Friends gave advice on self-organization: setting up a work space in order to make clear boundaries, starting a work mug, and even changing into work clothes. Very good tips that I didn't take advantage of. It turned out that the most effective thing for me is to make a list of tasks, complete them and cross them off.

There was a lack of socialization. In the office, between tasks, you could chat with colleagues, exchange jokes, play, and go to a bar in the evening. The large open space was conducive to this - many colleagues, many friends. And when you work remotely, the maximum you can do during a break between tasks is to go to the kitchen to fry cutlets.

If we compare the results of remote and office work, the results outside the office are higher. What was a plus in terms of socialization also turned out to be a minus: when you are distracted by colleagues laughing and being flooded in the chat, the likelihood of working with concentration drops to zero. That’s why I used to do most of the tasks at home, when no one was writing or bothering me.

If an organization hires an employee who will work remotely, that is, work outside the company’s office, then there are two ways to formalize an employment relationship with him. This could be the conclusion of an employment contract for remote or home work. We will look at the differences between these two types of employment for remote employees in more detail in our article.

Remote and home work: differences, similarities, legal requirements

Today, more and more workers are “going online” and starting to work remotely via the Internet. Web designers, copywriters, managers, programmers, consultants and representatives of many other specialties today have the opportunity to work without leaving home and anywhere in the world. For employers, hiring such employees “remotely” has a number of significant advantages. For example, there is no need to rent an office in order to maintain a staff, buy office furniture, office equipment, pay utilities and pay tax contributions. Today, representatives of many professions can simply work remotely, but at the same time officially be on the staff of the company.

The concept of “home work” existed in the country’s Labor Code for a long time, but in the spring of 2013, Federal Law No. 60-FZ came into force, which introduced changes to certain legislative acts of the Russian Federation. In particular, the Labor Code of the Russian Federation was supplemented with Chapter 49.1 entitled “Features of regulation of the labor of remote workers.” Thus, a new concept of “remote work” was introduced. Remote work has a number of legal features and important differences from home work. Let's look at them in the table.

In general, experts note that the employer has the right to independently choose the option of formalizing labor relations with his remote worker, depending on the specifics of his work in each specific case. Both options have their pros and cons for the employer. But there are some points that employers should pay attention to when formalizing employment relationships with remote employees.

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Important to remember!

Many employers are wondering: is the place where a remote worker works a separate structural unit of the organization? This issue is important primarily because in connection with the emergence of a separate structural unit, the employer has a new obligation to pay taxes and register with the tax authorities of such a unit. In accordance with the Tax Code of the country, stationary jobs must be created at the location of a separate structural unit. A workplace is stationary if it is created for a period of more than one month. But is the workplace of a remote worker stationary?

Based on the definition given in Article 312.1 of the country’s Labor Code, remote work does not have the characteristics of a separate division of the organization, which means concluding a remote work agreement with an employee does not lead to the emergence of a separate division. Therefore, there is no need to register a remote worker as a separate structural unit of the company with the tax authorities.

Telecommuting, or telecommuting as it is called, is becoming increasingly popular. There is no doubt that this mode of work is convenient for both the employee and the employer. However, since remote work has not been around for very long, employers have made mistakes when establishing, regulating, or terminating it. Who can use this mode of operation? How to do it? How is the interaction between employee and employer carried out? On what grounds can you fire a remote worker? You will find answers to these and other questions in the article.

The essence of remote work

By virtue of Art. 312.1 Labor Code of the Russian Federation Remote work is the performance of a labor function specified in an employment contract:

Outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area);

Outside a fixed workplace, territory or facility directly or indirectly under the control of the employer.

The condition for remote work is the use of public information and telecommunication networks, including the Internet, to perform the job function and for interaction between the employer and employee on issues related to its implementation.

Remote workers are considered to be persons who have entered into an employment contract for remote work. They are subject to labor legislation and other acts containing labor law norms, taking into account the specifics established Ch. 49.1 Labor Code of the Russian Federation.

There is no need to confuse remote work with home work. According to Art. 310 Labor Code of the Russian Federation Homeworkers are considered to be persons who have entered into an employment contract to perform work at home using materials and using tools and mechanisms provided by the employer or purchased by the homeworker at his own expense. The result of home work is certain products, and the result of remote work is information, information, and intellectual property.

Remote workers can be, for example, programmers, editors, accountants, teachers, lawyers. That is, those who carry out certain work at home or in another place that is not under the control of the employer, but interacts with him via the Internet.

However, some employers register remote work incorrectly. For example, an employer entered into a fixed-term employment contract for remote work with a highly qualified foreign specialist for the position of a brand chef, whose actual place of work was a restaurant in another republic (see. Appeal ruling of the Moscow City Court dated July 18, 2017 in case No. 33 ‑22475/2017 ). The question of whether this work is considered remote did not arise during the consideration of the case. However, I would like to emphasize that in this case a regular employment contract must be concluded, according to which the workplace is a structural unit located in another location, but controlled by the employer.

In addition, the Ministry of Labor has repeatedly (most recently in Letter dated January 16, 2017 No. 14 ‑2/OOG-245) expressed the opinion that labor legislation does not currently provide for an employer the opportunity to conclude an employment contract on remote work with a citizen of the Russian Federation, a foreign citizen or a stateless person if he works outside the Russian Federation, since concluding an employment contract on such conditions violates the Labor Code of the Russian Federation . In particular, the employer will not be able to fulfill its obligations to provide remote workers with safe working conditions and its protection ( Part 2 Art. 312.3Labor Code of the Russian Federation) due to the fact that federal laws and other regulatory legal acts of the Russian Federation that form labor legislation are valid only on the territory of our country ( Part 1 Art. 13Labor Code of the Russian Federation). It is recommended to conclude civil contracts with such citizens.

Therefore, before registering an employee remotely, think carefully about whether the work being performed falls under the definition of remote work.

We arrange an appointment remotely

A remote worker is hired according to the general rules provided for Art. 68Labor Code of the Russian Federation, but in compliance with the requirements Ch. 49.1Labor Code of the Russian Federation And Federal Law of 04/06/2011 No. 63 ‑Federal Law “On Electronic Signature”(Further - Law no. 63 ‑FZ).

An employment contract for remote work and agreements to change the terms of this contract determined by the parties can be concluded by exchanging electronic documents ( Part 1 Art. 312.2 Labor Code of the Russian Federation). In this case, both the employee and the employer must use enhanced qualified electronic signatures in the manner prescribed Law no. 63 ‑ Federal Law.

Despite the conclusion of an electronic employment contract, the law establishes a requirement for a paper form of the contract. The employer, within three calendar days from the date of conclusion of this agreement, is obliged to send the remote worker by registered mail with notification a duly executed copy of this agreement on paper.

From this provision it follows that the employer sends a signed copy of the employment contract to the employee. There is no obligation for the employee to send the employer by mail a second, signed copy.

Before concluding an employment contract, a remote worker must submit the documents listed in Art. 65 Labor Code of the Russian Federation. How does this happen?

IN Article 312.2 of the Labor Code of the Russian Federation It has been established that when concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for Art. 65 Labor Code of the Russian Federation, can be presented to the employer by a person applying for remote work in electronic form. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper.

If such an agreement is concluded by a person for the first time, he receives an insurance certificate of compulsory pension insurance independently.

In addition, there are special features in the design of the work book. In particular, by agreement of the parties to an employment contract on remote work, information about it may not be entered into the employee’s work book, and when concluding an employment contract for the first time, the work book may not be drawn up at all.

Thus, if no entries in the work book about the work of a remote worker have been made, the main document about his work activity, confirming his length of service, will be an employment contract for remote work.

If an employee wants a record of his remote work to be included in the work book, he must give it to the employer in person or send it by registered mail with notification.

Since entry into the work book of an entry about the remote nature of work is not provided Instructionson filling out work books, approved Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69 , the employment record is made according to the general rules.

Like regular workers, remote workers must be familiar with the documents provided for before concluding an employment contract. Part 3 Art. 68 Labor Code of the Russian Federation(with internal labor regulations, other local regulations directly related to the employee’s work activity, collective agreement). Such familiarization can also be carried out through the exchange of electronic documents.

Based on the employment contract, the employer issues an order for remote work. It is processed in the same way as when hiring other employees of the organization. At the same time, in the column “Conditions of employment, nature of work” indicate: “Remote work”.

If the interaction between the employee and the employer is carried out by exchanging electronic documents with digital signatures, then the employee can be familiarized with the employment order in the same way ( Part 5 Art. 312.1Labor Code of the Russian Federation).

Employment contract

First of all, we note that the employment contract must indicate the type of work - remote ( Art. 312.2Labor Code of the Russian Federation). For example:

The employee performs a labor function outside the employer’s location (remotely).

At the same time, like any other employment contract, a contract for remote work must include the mandatory conditions mentioned in Art. 57 Labor Code of the Russian Federation, including:

Place of work. The organization and its location are indicated here. But the place of work (residence address, email address) should be indicated in the additional condition “Clarification of the place of work”;

Working hours and rest hours, etc. The working hours can be the same as for all employees of the organization, but they may differ;

A remote worker has the right to determine the working hours and rest time independently, unless otherwise provided in the employment contract (Part 1, Article 312.4 of the Labor Code of the Russian Federation).

Conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Here, be sure to indicate the form of salary payment - transfer to a bank card ( Art. 136 Labor Code of the Russian Federation).

Specify in the contract the method of interaction between the employee and the employer, as well as the deadline for confirming receipt of the electronic document from the other party ( Art. 312.1 Labor Code of the Russian Federation).

In addition to the mandatory ones, additional conditions that do not worsen the employee’s position may be included in the employment contract by agreement of the parties ( Part 5 Art. 57,part 6 art. 312.2 Labor Code of the Russian Federation), in particular:

On the procedure for making entries in the work book ( part 6 art. 312.2);

On the procedure and timing for providing the employee with the equipment, other technical means, and software necessary to perform job duties in accordance with the employer’s requirements ( part 8 art. 312.2). For example:

The employer undertakes to provide the employee with a computer, telephone, modem, and technical documentation necessary for the employee to perform his job duties within ______________.

If this responsibility is assigned to the employee, the condition may be as follows:

The employee independently provides himself with a computer, printer, fax, telephone, and means of accessing the Internet.

On the procedure for an employee to use information security tools in accordance with the employer’s recommendations ( part 8 art. 312.2);

On the procedure and terms for reimbursing an employee for expenses associated with remote work if, under the terms of the contract, he uses equipment and other software and hardware owned or leased ( Art. 188,Part 1 Art. 312.3 Labor Code of the Russian Federation). At the same time, it is advisable to clearly state in the contract exactly what expenses are subject to reimbursement, what documents they must be confirmed, etc.;

On the procedure, timing and form for the employee to submit reports on work performed ( Part 1 Art. 312.3).

In addition, you can specify additional grounds for termination of an employment contract at the initiative of the employer ( Part 1 Art. 312.5 Labor Code of the Russian Federation).

Nuances of remote work

Since during work activities communication between the employer and the remote worker is carried out via electronic communication, it is assumed that both the employee and the employer send any documents in electronic form. But in Art. 312.1 Labor Code of the Russian Federation it is clarified that such documents, in addition to the employment contract, orders, notifications and other documents, in particular, are statements, explanations and other information from the employee. It is also established that if the employee sent such a document as an application for the issuance of duly certified copies of documents related to work ( Art. 62Labor Code of the Russian Federation), the employer, no later than three working days from the date of filing the said application, is obliged to send copies to the remote worker by registered mail with notification or, if indicated in the application, in the form of an electronic document.

If an employee gets sick or is going on maternity or child care leave, he must send the employer the originals of the relevant documents (certificate of incapacity for work, application, etc.) by registered mail with notification (Article 312.1 of the Labor Code of the Russian Federation).

Special attention is paid to the employer’s compliance with labor safety standards in relation to remote workers.

By virtue of Art. 312.3 Labor Code of the Russian Federation In order to ensure safe conditions and labor protection for remote workers, the employer performs only some of the duties established Art. 212 Labor Code of the Russian Federation, in particular:

Investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation ( para. 17 hours 2);

Fulfillment of instructions of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions from public bodies control within the time limits established by the Labor Code of the Russian Federation and other federal laws ( para. 20 hours 2);

compulsory social insurance of workers against accidents at work and occupational diseases ( para. 21 hours 2).

In addition, the employer must familiarize remote workers with labor safety requirements when working with equipment and tools recommended or provided by the employer.

Other responsibilities of the employer to ensure safe conditions and labor protection established by the Labor Code, federal laws, and other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation do not apply to remote workers, unless otherwise provided by the employment contract on remote work.

Features upon dismissal

There are peculiarities when dismissing remote workers, in particular, at the initiative of the employer.

As a general rule, an employment contract with such employees can be terminated on the grounds established by the Labor Code. At the same time, the employment contract may provide additional grounds for dismissal of a remote worker at the initiative of the employer ( Part 1 Art. 312.5Labor Code of the Russian Federation). For example, dismissal for repeated failure to meet planned targets, for regular failure to comply with the format of a report on a completed task.

Please note: additional grounds for dismissal must be established by the employment contract. If they are established not by an employment contract, but by another document, for example a job description or a local act of the organization, the dismissed person will be reinstated.

For example, a remote worker dismissed for repeated failure to meet planned targets was reinstated by the court, since such an additional basis for dismissal was provided not by the employment contract, but by the job description. The employer believed that it was an integral part of the employment contract.

However, the court concluded: job descriptions, taking into account their content, procedure for adoption, form, timing of approval by the employer, procedure for familiarizing the employee with them, cannot be qualified as an integral part of the employment contract concluded by the parties and do not meet the requirements Art. 56 Labor Code of the Russian Federation(are not an agreement of the parties), therefore dismissal according to the rules Part 1 Art. 312.5. Labor Code of the Russian Federation, which provides for the employer’s right to dismiss a remote worker on additional grounds agreed upon by the parties and specified exclusively in the employment contract, is illegal ( Appeal ruling of the Sverdlovsk Regional Court dated May 11, 2017 in case No. 33 ‑7310/2017 ).

The job description will be an integral part of the employment contract if, in accordance with this contract, it is an annex to it. However, in any case, it becomes mandatory only in terms of job responsibilities and requirements for the employee. If the job description establishes the grounds for dismissal, they are not subject to application, since such an instruction, unlike an employment contract, is not considered an agreement of the parties.

Termination of an employment relationship with a remote worker is formalized by an order (unified form T-8), the basis for which should indicate a specific provision of the contract or article of the Labor Code of the Russian Federation. The employee must be familiarized with the order by signature. If this document cannot be brought to the attention of the employee or he refuses to familiarize himself with it under signature, a corresponding entry is made in the order (instruction).

If the interaction between the employer and the remote worker is carried out by exchanging electronic documents using enhanced qualified electronic signatures, the dismissal order must be sent in advance to the employee in electronic form for review. The employee, in turn, having certified the order with an electronic signature, is obliged to send it back.

On the day of dismissal, a paper copy of the order must be sent to the employee by registered mail with notification ( Part 2 Art. 312.5Labor Code of the Russian Federation).

Based on the order, if the employee’s work book was filled out, a record of dismissal is made in it. Here is a sample entry for dismissal on an additional basis established by the employment contract.

We examined the features of remote work - in particular, those related to hiring, drawing up an employment contract, working hours and rest periods, organizing labor protection and dismissal. Otherwise, remote workers are subject to the general norms of the Labor Code, including regarding the provision of vacations, recording of working time depending on its mode, etc.

And of course, it is not necessary to hire new employees to work remotely - you can transfer existing ones. But such a transfer is carried out only by agreement of the parties. It is possible unilaterally at the initiative of the employer only if there are compelling reasons.