Remote Work Law: What Has Changed Since 2021

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Remote control was provided by the legislation earlier. Now the nuances have been prescribed more precisely.

On January 1, 2021, a law came into force that clarified many points regarding telecommuting. According to the law, the Labor Code has rewritten five previously existing articles and added four more. We understand what has changed in the legislation and how to work in the new conditions.

What is remote work

Until recently, there was no such concept in the Labor Code, it spoke only of remote work. The code now states that teleworking and teleworking are one and the same.

The essence of the concept has changed little. Remote work is considered to be work under an employment contract if the employee performs his duties outside the employer's territory and communicates with him by phone or via the Internet.

Remote can be:

• constant;
• temporary - for a period not exceeding six months;
• periodic, when the employee sometimes works in the office, and sometimes - remotely.

Can an employer force you to work remotely

Yes, but only in exceptional cases. The employee's consent for the remote transfer is not required if the following occurs:

• natural or man-made disaster, fire, flood, earthquake;
• industrial accident or accident;
• an epidemic or any other nuisance that endangers the usual life.

In these circumstances, the employer has the right to temporarily send employees to a remote location until the situation normalizes. A relevant decision of a state or municipal authority is also considered a good reason.

Transfer to remote control is executed by order of the management. It is not required to amend labor contracts or additional agreements to them.

How remote work is paid

The employer has no right to reduce the amount of remuneration on the basis that the employee began to work remotely. So, when transferring to a remote location, while preserving the hours of work and the volume of duties, it is impossible to cut wages.

How long does a remote work day last?

The beginning and end of the working day can be fixed in an employment or collective agreement or local regulation of the company. If there is nothing of the kind, then the employee decides for himself when to work. But at the same time, he must work out the prescribed number of hours.

All communication at work should take place during working hours. Chats in instant messengers also count.

In addition, by order, collective agreement or additional agreement to the employment contract, it is allowed to determine the conditions under which a remote employee can be called to work in the office.

Who is responsible for equipping the workplace

If any equipment is necessary for the work, it must be provided by the employer. And this also applies to software. That is, if a designer needs 3ds Max, the employer will have to buy it. If an employee works with secret or confidential documents, it is the employer who must pay for the cool antivirus and other information security tools.

If both parties agree, the worker can use his or her powers as well. Moreover, he has the right to demand compensation for this.

The procedure and amount of compensation must be spelled out in an employment or collective agreement or local regulation.

How is work done remotely

This is recorded in the employment contract or in a supplementary agreement to it. For example, if a person has always worked in an office, and then switched to telecommuting, it is logical to choose the second option.

When registering, the parties can exchange documents electronically. But at the request of the employee, the employer is obliged to send him paper versions within three days. They can be sent by registered mail with notification, by courier or in person.

Accordingly, the employee, upon request, is obliged to provide the employer with notarized copies of his documents necessary for registration in the state. If an employee wants new entries to be made in his paper work book, it should also be sent to the company.

If the employee does not have SNILS, he must get it on his own.

How to exchange documents when working remotely

For electronic exchange, some documents will require electronic signatures. This applies to:

• labor contracts and supplementary agreements to them;
• liability agreements;
• student contracts.

The employer must have an enhanced qualified signature, the employee must have an enhanced qualified or unqualified signature.

The rest of the documents can be signed in any other way provided for by internal acts. Any channel that you agree on is suitable for exchanging them. You can also exchange papers in physical form in the old fashioned way and return them with the necessary signatures. In this case, the recipient must notify the sender that the document has arrived.

How are things going with sick leave and holidays at remote work?

Remote employees are entitled to both sick leave and vacation.

If the employee is sick, he must subsequently inform the employer of the electronic sick leave number or send the document by mail, if it was issued on paper.

Vacation for remote workers is provided according to the same scheme as for office workers. That is, at least 28 days of rest are allowed per year. The employee will take them off according to the appropriate schedule or by agreement with the management.

Are there any business trips remotely

A business trip for a remote worker is a trip to work in any place other than where he usually works. If the company is located in Moscow, and the employee is in St. Petersburg and must travel to Surgut, then the trip for him will be considered a business trip. A business trip to Moscow, too.

Everything is formalized and paid as usual, in accordance with Articles 166-168 of the Labor Code of the Russian Federation.

For which the remote worker can be fired

In addition to the usual for all reasons for terminating an employment contract, there are several other reasons for telecommuting. A remote worker can be dismissed if he:

• without a valid reason does not answer to the employer for more than two days and there are no other agreements;
• has moved and cannot work from a new location.

Within three working days, the employer must send the employee a copy of the termination order by registered mail with notice.