In the article, we will consider the pros and cons of remote work for both the employee and the employer, as well as the nuances of hiring remote employees and terminating their employment contract. You will learn about what documents need to be completed, how the employee and employer interact, and other features of remote work.

Recently, employers are increasingly thinking about involving remote employees in the work process. This became especially relevant after the introduction of Chapter 49.1 “Features of regulation of labor of remote workers” into the Labor Code of the Russian Federation. Finally, the legislator recognized that it is possible to work effectively different ways, and not just at the location of the employer.

Of course, not everyone can work remotely, but mainly those who have self-discipline, self-control, are responsible and are able to plan their work time, but for some reason cannot work on the employer’s premises. Such workers are also a godsend for the employer. Of course, there are certain benefits to both parties in the employment relationship when working remotely.

Advantages and disadvantages

In accordance with Part 1 of Art. 312.1 of the Labor Code of the Russian Federation, remote work is the performance of certain employment contract labor function outside the location of the employer, its branch, representative office, other separate structural unit(including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, provided that it is used to perform this job function and for interaction between the employer and the employee on issues related to its implementation, information - public telecommunication networks, including the Internet.

Based this definition remote work (also called “remote work”), we can highlight its main features. The work is carried out:

- under an employment contract;

— outside the location of the organization or separate divisions of the employer;

— using information and telecommunication networks, including the Internet.

So, you can work remotely, for example, at home, in a cafe, in special co-working centers, in transport, outside the city, abroad, etc.

The benefits of this way of working are obvious to both the employee and the employer.

By by and large, for an employer, hiring remote workers has the following advantages:

- no obligation to organize workplace allows you to reduce the cost of renting premises for workplaces (including payment of utilities, communication services, costs of maintaining premises, etc.), related furniture, equipment and machinery;

— the absence of problems associated with the employee’s travel to work allows you to spend less time finding out the reasons for non-compliance with labor discipline, in particular, being late for work, leading to disruption of the work process, etc.;

— the possibility of more flexible communication with an employee outside of working hours allows you to increase productivity and efficiency;

— in some cases, it is possible to reduce the cost of business trips for employees to other regions, which at the same time allows you to work in other regions without opening separate divisions of the organization;

- you can terminate an employment contract at the initiative of the employer in a simplified manner (we will talk about this later), etc. Undoubtedly, there are also a number of advantages for an employee in remote work, such as:

- lack of attachment to the workplace allows you to work on the road, in a cafe, outside the city and even in other countries;

- opportunity independent organization own working and free time, while observing only the agreed deadlines for completing the work, improves its quality;

— the opportunity to work without interruption from the family (this applies mainly to women with young children) minimizes the problems associated with the constant absence of parents away from their children;

– savings on costs associated with work-appropriate dress codes appearance employee, lunches and other attributes of office life, contributes to more efficient preservation and accumulation of income received;

— the absence of stress associated with direct communication with management and other employees preserves the health and psychological comfort of the employee;

— the opportunity to work for several employers at the same time allows an employee to “get away from routine” and grow professionally in different areas.

However, remote work has not only advantages. For the employer, the disadvantages of using remote work are mainly the lack of opportunity:

— directly control the work of a remote worker;

- catch an employee at work at any time in order to promptly resolve the issue if necessary;

— track how much time an employee actually spends on doing work;

- demand urgent completion of work that involves telephone communication, e-mail etc., if occurred technical difficulites communications;

— bring the employee to disciplinary liability on the basis of the employee’s failure to comply with the internal labor regulations in force in the organization and other provisions aimed at strengthening labor discipline;

— track the leak of information constituting a trade secret of the organization.

For an employee, the disadvantages of remote work are primarily the absence of:

— full communication with colleagues at work and, as a result, being “outside society”;

- a “social package” associated with working on the employer’s premises, for example, if the employer provides other employees with free food during their lunch break.

For your information. In this vein, let's talk about the advantage of remote work over work under a civil contract (for the employee). Thus, if there is an employment contract with a remote worker, he is subject to the guarantees provided for by labor legislation, in contrast to work under a civil law contract (civil law does not provide for any social guarantees when providing services or performing work), including social benefits and benefits for pregnant women and women with young children. In addition, it is important that the employment contract with a remote worker provides for the cases and procedure for its termination, in contrast to a civil contract, which each party can terminate at any time by giving notice within the period stipulated by the contract, without giving reasons.

Who can work remotely?

As stated in Part 2 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are considered to be persons who have entered into an employment contract on remote work. The law does not define specific categories of persons who can work remotely. That is, in order to work remotely, it is enough to conclude an appropriate employment contract with the employer. Of course, only those people who, for some reason, are inconvenient to work in a different way or who, due to various circumstances, cannot work on the employer’s premises, work remotely. Remote work is primarily suitable for people with disabilities, persons with family responsibilities, part-time workers, students, pensioners, etc.

Note that in practice remote work sometimes confused with home work (Chapter 49 of the Labor Code of the Russian Federation). However, there are significant differences between them. Thus, homeworkers, as a rule, perform work that does not require qualifications or special skills. Their work consists mainly of producing some kind of material product, for which the employer provides them with materials, raw materials, semi-finished products or reimburses the corresponding expenses. Homeworkers can even involve their family members in their work. At home, for example, you can make toys, design interior items, knit clothes, make soap, cook baked goods, etc. That is, for a home worker, the final result of the work is by and large important. Payment for home work is usually piecework. In addition, the employment contract is concluded only in paper form.

Remote workers often perform intellectual work that does not have a tangible result (the result here is information processed in a special way), through the use of modern technologies communications. Moreover, this work, as a rule, is carried out by exchanging electronic documents using enhanced qualified electronic signatures (Part 4 of Article 312.1 of the Labor Code of the Russian Federation).

Therefore, designers, editors, journalists, proofreaders, consultants, programmers, lawyers, etc. can work remotely. Such work is paid in various ways, depending on what kind of remuneration system the employer has. To obtain employment, such workers can send documents to the employer and enter into an employment contract in in electronic format.

Admission to remote work

Hiring a remote employee consists of the same steps as hiring any other employees, but with some exceptions provided for in Chapter. 49.1 Labor Code of the Russian Federation. Yes, according to general rule the employer must take the following actions:

- receive from the employee Required documents for registration for work (passport, insurance certificate of the state pension insurance, work book, military registration documents for persons liable for military service, education documents if the work requires special knowledge, and other documents provided for in Art. 65 Labor Code of the Russian Federation);

— draw up an employment contract;

— issue an order for employment;

— fill out the employee’s personal card;

— draw up a work book (if entries will be made in it);

— familiarize the employee with the necessary local regulations employer.

For your information. If a remote worker (or a person just starting to work remotely) and the employer interact by exchanging electronic documents, then enhanced qualified electronic signatures are used in the manner prescribed by law. Each party is obliged to send confirmation in the form of an electronic document of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

Employment contract with a remote worker

Concluding an employment contract with a remote worker has a number of features.

Firstly, it must indicate, among other mandatory conditions:

— place of work (Article 57 of the Labor Code of the Russian Federation, letter of Rostrud dated 10/07/2013 N PG/8960-6-1);

— working hours and rest hours (set by the employee at his own discretion, unless otherwise provided by the contract, part 1 of article 312.4 of the Labor Code of the Russian Federation);

— the nature of the work is remote work (Articles 57 and 312.2 of the Labor Code of the Russian Federation);

— the procedure for providing annual paid leave and other types of leave (Part 2 of Article 312.4 of the Labor Code of the Russian Federation).

In addition, additional conditions may be:

— that entries are not made in the work book (if the parties have reached such an agreement in accordance with Part 6 of Article 312.2 of the Labor Code of the Russian Federation);

— the employee’s obligation to use equipment, software, and technical means, information security tools and other means provided or recommended by the employer (Part 8 of Article 312.2 of the Labor Code of the Russian Federation);

- the procedure and timing of providing the employee with the necessary equipment to fulfill his or her duties; labor responsibilities equipment, software and hardware, information security means and other means (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the amount, procedure and terms of payment of compensation for the use by an employee of equipment owned or leased by him, software and hardware, information security tools and other means (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure for reimbursement of other expenses associated with remote work (Part 1 of Article 312.3 of the Labor Code of the Russian Federation);

— the procedure and timing for the employee to submit reports on work performed (Part 1 of Article 312.3 of the Labor Code of the Russian Federation).

Secondly, an employment contract with a remote worker can be concluded by exchanging electronic documents using an enhanced qualified electronic signature, and the place of conclusion of the contract will be the location of the employer (Part 1 of Article 312.2 of the Labor Code of the Russian Federation). IN in this case the employer, no later than three days from the date of conclusion of the contract, is obliged to send the employee by registered mail with notification a duly executed copy of the employment contract in paper form (Part 2 of Article 312.2 of the Labor Code of the Russian Federation).

Let us give as an example a fragment of an employment contract containing the conditions for remote work (Example 1).

1. General Provisions

1.3. Work under this agreement is the main place of work for the Employee.

1.4. Place of work: remote work from home.

1.6. The employee reports to the General Director.

1.7. The employee is obliged to fulfill job responsibilities provided for in the job description.

1.8. The Employee’s work in the position specified in clause 1.2 of this employment contract is carried out under normal conditions.

1.9. Nature of work: remote work from home using the Internet.

2. Rights and Obligations of the parties

2.1. The employee is obliged:

2.1.10. use software and hardware tools, as well as information security tools provided by the Employer, in the performance of their official duties;

2.1.12. monthly (no later than the 30th day of each month) submit to the Employer a report on the work done, indicating the time actually spent by the Employee on performing the work, in the form given in Appendix 1 to this agreement.

2.2. The employer is obliged:

2.2.8. provide the Employee with the software and hardware necessary to perform his job duties, as well as information security tools;

2.2.13. monthly (no later than the 30th day of each month) reimburse the Employee for expenses incurred by him for Internet communications and mobile communications based on supporting documents submitted by the Employee (checks, receipts, etc.).

3. Responsibility of the parties

4. Work and rest schedule

4.1. The employee is given a five-day pay work week with two days off: Saturday and Sunday. Features of working hours: 4 hours a day.

4.2. The start and end times of work, including breaks in work, are set by the Employee at his own discretion.

4.3. The employee is granted annual basic paid leave of 28 calendar days.

4.4. By agreement of the parties annual leave may be divided into parts, one of which must be at least 14 days.

5. Terms of payment

5.1. The Employer undertakes to pay the Employee wages in a timely manner and in full. The employee is established wage in the amount of 30,000 (Thirty thousand) rubles per month based on 0.5 of the official salary.

5.2. The Employer has the right to establish bonuses and provide financial incentives (bonuses) to the Employee in accordance with the Labor Code of the Russian Federation and the organizational and administrative documents of the Employer.

5.3. Salary is paid to the Employee twice a month by transfer Money to banking debit card Employee.

6. Social insurance

The employee is subject to compulsory social insurance in the manner and under the conditions established by the legislation of the Russian Federation.

7. Duration and grounds for termination of the employment contract

7.1. This agreement is concluded for an indefinite period.

7.2. This agreement comes into force on the day it is signed by the parties.

The employee is obliged to begin performing his job duties from the date established in clause 1.5 of this agreement.

7.3. This agreement may be terminated in the manner and on the grounds provided for by the labor legislation of the Russian Federation. Termination of an employment contract is carried out on the basis of an order from the Employer.

The day of dismissal of the Employee is the last day of his work, unless otherwise provided in the Labor Code of the Russian Federation. On this day, the Employee is issued a work book, wages and other payments provided for by regulatory legal acts are calculated.

The order of acceptance to work

An order for admission to remote work is issued in the usual way, with the exception of filling out the column “Conditions of employment, nature of work” (if the company uses form N T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1, hereinafter referred to as the resolution of the State Statistics Committee of the Russian Federation N 1), which indicates that the work is remote.

Familiarization with local regulations

When hiring a remote employee, a HR specialist may have a question: does such an employee need to be familiarized with the employer’s local regulations? The question is fair, especially if we assume that the employee does not work on the employer’s premises. As for local regulations, including instructions in the field of labor protection, in accordance with Part 2 of Art. 312.3 of the Labor Code of the Russian Federation in order to ensure safe conditions and labor protection of remote workers, the employer carries out:

— investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by law;

- fulfillment of instructions officials authorized government agencies and consideration of submissions from public control bodies within the time limits established by law;

- mandatory social insurance workers from industrial accidents and occupational diseases;

— familiarizing remote workers with labor safety requirements when working with equipment and tools recommended or provided by the employer;

— other actions provided for by the employment contract on remote work.

When applying other local regulations, it is required individual approach to the employee. For example, if, in accordance with the contract concluded with him, he independently determines the working hours and rest time, then he will not obey the internal labor regulations of the organization. Accordingly, there is no need to familiarize him with this document.

If, despite the remote place of work, the working hours and rest hours are determined by the employer in the internal labor regulations, of course, the employee will have to be familiarized with this document under his personal signature. In this case, a clause should be made in the employment contract: “The employee undertakes to be guided by the internal labor regulations to the extent that does not contradict the terms of this contract.”

In addition, the remote worker must be familiar with local regulations defining the procedure and conditions of remuneration, containing provisions on the processing of personal data, and other documents related to his work.

These documents can be sent to the employee electronically using an enhanced qualified signature. In turn, the employee must confirm familiarization with them by sending the appropriate confirmation to the employer, also using an enhanced qualified signature.

Obtaining an enhanced qualified electronic signature

As we have mentioned more than once, the employer and employee must use an enhanced qualified signature when exchanging electronic documents (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). Thus, both parties to the employment contract for remote work are required to send each other confirmation of receipt of the electronic document.

An enhanced qualified electronic signature is considered to be a signature in respect of which the following rules are observed:

— such a signature is obtained as a result of cryptographic transformation of information using an electronic signature key;

— it allows you to identify the person who signed the electronic document;

— this signature makes it possible to detect the fact of making changes to an electronic document after its signing;

— it is created using electronic signatures;

— the key to verify it is indicated in the qualified certificate;

— to create and verify it, electronic signature tools are used that have received confirmation of compliance with the requirements established by this law.

At the same time, Art. 11 of Federal Law No. 63-FZ of April 6, 2011 “On Electronic Signatures” determines the conditions for recognition of a qualified electronic signature.

Document fragment

Article 11 of the Federal Law of 04/06/2011 N 63-FZ "On Electronic Signature"

An enhanced qualified signature must have a qualified certificate from an accredited certification authority, guaranteeing its authenticity. In turn, information about accredited certification centers can be found on the official website of the Russian Ministry of Telecom and Mass Communications on the Internet: minsvyaz.ru (in the “Accreditation of Certification Centers” section).

To obtain a qualified certificate, you must contact an accredited certification center by submitting the following documents or their duly certified copies:

1) main identification document, insurance certificate of state pension insurance of the applicant - individual or constituent documents, a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities, and a certificate of registration with the tax authority of the applicant - legal entity;

2) duly certified translation into Russian of documents on state registration a legal entity in accordance with the legislation of a foreign state (for foreign legal entities);

3) a power of attorney or other document confirming the applicant’s right to act on behalf of other persons.

After the listed actions have been completed, you can legally move on to this new type of interaction between the parties to the labor relationship.

Registration of a personal employee card

An employee’s personal card is issued for remote workers in the same way as for other employees. The employer can use unified form personal card N T-2, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or own form cards approved in in the prescribed manner employer and applied in a specific organization.

For your information. Changing the terms of an employment contract with a remote worker is carried out in the same manner as its conclusion, i.e. by exchanging electronic documents using an enhanced qualified electronic signature. The employer, no later than three days from the date of conclusion of the agreement to amend the employment contract, is obliged to send the employee by registered mail with notification a duly executed copy of the agreement and the corresponding order in paper form. Upon receipt of the documents, the employee signs them and returns them to the employer in the same way.

Time tracking

In accordance with Part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Meanwhile, the law does not establish exceptions for remote workers. As we noted, remote workers, unless otherwise provided by the employment contract, independently determine their working hours and rest time. In this case, in the timesheet in the column in which the number of hours worked is entered, you can enter:

— the number of hours that an employee must work per working day (for example, “8”, “4”, etc., depending on the work schedule agreed with the employer);

- the number of hours per day that the employee actually spent on performing work (for example, “3”, “10”, etc., depending on the work schedule agreed with the employer), which he can inform the employer about by email. Wherein total hours worked per month should not exceed the normal working hours established in the employment contract.

If a remote worker obeys the internal labor regulations established by the employer, then the time sheet is filled out in the same way as for other employees of the organization.

For your information. Considering that in accordance with Part 2 of Art. 91 of the Labor Code of the Russian Federation, the normal working hours cannot exceed 40 hours per week; it should be borne in mind that a remote worker will also be subject to labor legislation on overtime work if the employer engages such an employee to work outside the normal working hours.

As for the form of the report card, the employer can continue to use the unified form N T-12 or N T-13, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1, or approve in the prescribed manner its own form of report card used in a specific organization.

Question. Considering that in most cases a remote worker independently organizes his working time and rest time, how can an employer control the time actually spent on work?

Of course, it is very difficult to control an employee who is not working on the employer’s premises, but it is possible. Thus, the employer and the employee can agree to include in the employment contract a provision that the employee must, along with the completed task, indicate in an email how much time was spent on its completion. Or, instead, you can oblige the employee to prepare reports on the work done for the working day, indicating the time of completion of each task.

At the same time, if the employment contract provides for the employee’s obligation to use software and hardware provided or recommended by the employer, then the employer can also use technical tools information systems control of time tracking for the execution of a particular order.

Terminating a relationship with a remote worker

An employment contract with remote employees may be terminated on the grounds established by the Labor Code of the Russian Federation. In accordance with Part 1 of Art. 312.5 of the Labor Code of the Russian Federation, termination of an employment contract with a remote worker at the initiative of the employer is allowed only on the grounds provided for in the employment contract. For example, such reasons could be:

— employee’s refusal to use information security tools provided or recommended by the employer at work;

— systematic failure by the employee to comply with work deadlines;

- performing work improperly, etc.

Just as in the above cases, when exchanging electronic documents related to the termination of an employment contract, the parties to the contract act through the exchange of relevant electronic documents using an enhanced electronic signature with the obligatory sending of paper copies of such documents.

Let us note that the termination of an employment relationship with a remote worker is formalized by order (either the unified form N T-8, approved by Resolution of the State Statistics Committee of the Russian Federation N 1, or its own order form, approved in the prescribed manner by the employer and used in a specific organization, is used). If an employee is dismissed on the grounds provided for in the employment contract, then the order should indicate a specific provision of the contract as the basis for termination of the employment contract.

In the case when an entry was made in the work book when hiring, an entry on the termination of the employment contract must also be made in it with reference to the relevant article of the Labor Code of the Russian Federation or to a specific provision of the employment contract and Part 1 of Art. 312.5 Labor Code of the Russian Federation. In a situation where the interaction between the employer and the remote worker is carried out by exchanging electronic documents using enhanced qualified electronic signatures, the employee needs to send an electronic notification in advance that the work book will be sent to him by mail. The employee must express his consent in a response email certified with an enhanced digital signature. After obtaining the employee’s consent, it is necessary to send him the work book by registered mail with notification. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. If for some reason the employee has not received a work book, then, upon his written request, the employer is obliged to issue it no later than three working days from the date of the employee’s application (Part 6 of Article 84.1 of the Labor Code of the Russian Federation).

If, by agreement between the employee and the employer, the work book was not drawn up or no entries on remote work were made in it, therefore, when the employee is dismissed, entries on the termination of the employment contract are not made in it.

In addition, an entry about the termination of the employment contract is made in the employee’s personal card, indicating the corresponding grounds (with reference to the specific provision of the employment contract, the corresponding article of the Labor Code of the Russian Federation).

Question. How can a teleworker obtain copies of work-related documents?

A remote worker can apply to the employer to issue a copy of the employment order (transfer to another job, dismissal), an extract from the work book (if entries were made in it), salary certificates, accrued and actually paid insurance premiums for compulsory pension insurance, the period of work with a given employer, etc. (Article 62 of the Labor Code of the Russian Federation). The employer must send duly certified copies of documents to the remote worker no later than three working days from the date of submission of the employee’s application by registered mail with notification or, if indicated in the application, in the form of electronic documents (Part 8 of Article 312.1 of the Labor Code of the Russian Federation).

16.10.2017, 16:14

How to keep track of working hours of a remote worker? The organization has hired a remote employee living in another constituent entity of the Russian Federation. In this regard, the HR specialist had many questions. You don’t want to make mistakes, so you need to do everything right. One of the questions that concerns the HR manager is how to fill out a time sheet for a remote worker.

A remote employee works under an employment contract

Employees performing remote work and interacting with the employer using public information and telecommunication networks, including the Internet, are recognized as remote workers. Remote work is the performance of a labor function specified in a contract (Part 1.2 of Article 312.1 of the Labor Code of the Russian Federation):

• outside the location of the employer (head office, branch, representative office, other separate division);
• outside a stationary workplace, territory or facility directly or indirectly under the control of the employer.

Remote workers have all the rights that other categories of workers have. The point is that they are covered by everything general norms labor legislation. The specifics of the work of remote workers are regulated by Chapter 49.1 of the Labor Code of the Russian Federation.

We fill out the timesheet based on the normal duration

So how does remote work count? The working time sheet must be filled out in any case. Remote workers are no exception (Article 91 of the Labor Code of the Russian Federation). In fact, the time they work must be counted in the same way as the time worked by other employees. However, with regard to remote work, the time sheet must be completed taking into account certain features.

The fact is that a remote worker sets work time and rest time independently at his own discretion (Article 312.4 of the Labor Code of the Russian Federation). Therefore, in such a situation, taking into account remote work, the personnel officer or accountant has no choice but to indicate the normal working hours established for the category of employees to which the remote worker belongs. Let us recall that, in general, the normal working hours cannot exceed 40 hours per week (Part 2 of Article 91 of the Labor Code of the Russian Federation).

Thus, for each working day according to the schedule adopted by the organization, the employee needs to enter the attendance code “I” or the digital “01”, as well as the number of hours. It is clear that in most cases you need to set 8 working hours daily.

On April 19, 2013, labor legislation introduced the new kind workers - remote worker. What kind of employee this is, and who can be registered as a remote worker, and most importantly, how to properly register such an employee will be discussed in this article.

In accordance with Art. 312.1 of the 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 stationary workplace, territory or facility directly or indirectly under control the employer, subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation.

Remote workers, as can be seen from the definition of work, can be workers who carry out their work not in an office or in a separate department, or even at home (this is the main difference from homeworkers). These workers work in any place where it is possible to access the Internet or provide services. When registering a remote worker, all the facilities where the remote worker will be located (the facilities at which the employee will carry out maintenance work or inspection) are indicated in the employment contract. An example would be a contract with an employee who is located in another city and is engaged in repairs and supervision of elevators or machines for the employer’s clients.

Judging from the definition, remote workers can be engineers, lawyers, translators, journalists, editors, designers, programmers, auditors, etc.). It should be noted right away that a remote worker also differs from a homeworker in terms of the product of labor. Homeworkers produce products that have a natural material form. Remote workers perform work, the result of which does not have a tangible form.

Let's consider a method for concluding an employment contract with a remote worker. When concluding an employment contract with a remote worker, the legislator provided for a number of features. So, in contrast to the main method of concluding an agreement, enshrined in Art. 67 of the Labor Code of the Russian Federation (written form), an employment contract with a remote worker can now be concluded by exchanging electronic documents. In this case, it is mandatory to use enhanced qualified electronic signatures of the parties in the manner established federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

To sign an employment contract, a remote worker will have to contact a certification center and receive an electronic signature key certificate. It is worth noting that this service is not free. In this situation, it is easier for the employer, because many already have this signature. This certificate will be valid for a certain period. The key can be used in those areas specified in the certificate. If the appropriate area is not listed there, it will need to be added. Details about the procedure for obtaining and the cost can be found on the website of the National Certification Center - http://nca.distate.ru/catalog/

When deciding on the date of concluding an employment contract, it is advisable to put the same date on two copies of the contract, even if the signing of such an agreement took place through the exchange of electronic documents. And the place of conclusion of the employment contract will be the location of the employer.

It is also necessary to provide in the employment contract with a remote worker the date of entry into force of such an agreement. In this regard, according to Article 61 of the Labor Code of the Russian Federation, an employment contract comes into force from the day it is signed by the employee and the employer, unless otherwise provided in the employment contract, or the employee actually begins work. But in the current situation, it is advisable to indicate in the contract itself the date of its commencement.

Concluding an employment contract in electronic form does not actually free the employer to transfer the original employment contract to the employee. So now, no later than three calendar days from the date of conclusion of this employment contract, the employer must send the remote worker by registered mail with notification a duly executed copy of this employment contract to on paper. This copy is stamped and signed by the employer.

As you know, every employee, when hired, is required to provide the documents provided for in Art. 65 Labor Code of the Russian Federation. But what about a remote worker? After all, he is not in the office at the time of concluding the contract, but may be located at a considerable distance. The legislator also provided for this, so in paragraph 3 of Art. 312.2 of the Labor Code of the Russian Federation states that these documents can be presented to the employer in the form of an electronic document. 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. And naturally, to protect itself, it is advisable for the employer to request notarized copies of these documents.

As for the work book, the legislator made concessions and prescribed a rule according to which an entry about remote work may not be made by agreement of the parties, and if a decision is made to make such an entry, the employee is obliged to provide the employer with a work book in person or send it by registered mail notification letter.

There are also difficulties when hiring a remote worker. Firstly, this is not an excluded obligation of the employer in accordance with Part 3 of Art. 68 of the Labor Code of the Russian Federation to familiarize the employee with employment documents, as well as with other local acts. In accordance with Art. 312.1 of the Labor Code of the Russian Federation must familiarize the employee with all local acts with which he is obliged to familiarize him. This can also be done by exchanging electronic documents.

Secondly, this is a conflict of legislation when hiring a remote worker. In paragraph 4 of Art. 312.2 of the Labor Code of the Russian Federation is a norm that contradicts federal legislation. Thus, this article states that if an employment contract for remote work is concluded by exchanging electronic documents by a person entering into an employment contract for the first time, this person receives an insurance certificate of state pension insurance independently. And in paragraph 2 of Art. 7 Federal Federal Law No. 27-FZ 01.04.1996 “On individual (personalized) accounting in the compulsory pension insurance system” states that a person who first entered work under an employment contract or entered into a civil law agreement, the remuneration for which is in accordance with according to the legislation of the Russian Federation are charged insurance premiums, receives an insurance certificate of compulsory pension insurance, containing the insurance number of an individual personal account, through the policyholder. And this norm has not changed due to recent innovations.

Probably one of the main questions that may arise when registering a remote worker with an accountant is whether it is necessary to open a separate division? There are no official clarifications on this topic. But judging by the fact that a remote worker works outside the place of a separate unit (judging from the concept provided for in Article 312.1 of the Labor Code of the Russian Federation) and outside a stationary workplace, then the employer does not have an obligation to register a separate unit.

And the last thing that can make life easier for an employer when hiring a remote worker is simplifying the labor protection requirements for such an employee. So in accordance with Art. 312.3 of the Labor Code of the Russian Federation, the employer may not certify the workplace of a remote worker if such an obligation is not directly provided for in the employment contract. And this is primarily due to the fact that the employee in question does not have a workplace as such.

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

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

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

Despite the fact that remote workers are not located in the organization’s office, they should be hired according to all the rules typical for hiring permanent employees working within the organization.

How to hire a remote worker

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

Chapter 49.1 of the Labor Code regulates the rules for hiring remote employees. This chapter also establishes the concept of telecommuting. Remote work is work that is carried out outside the territory of the employer’s organization.

Procedure for hiring remote employees:

1. Collecting the necessary information from the employee in the form of documents - you need a passport, work book, education document, military registration documents, and other papers containing personal data about the employee. These documents can be submitted by mail or electronically scanned copies; if necessary, copies are certified by a notary.
2. Drawing up an employment contract. An employment contract must be concluded with a remote worker; a feature of this contract is the indication of the address where the work will be performed, which is different from the location of the organization itself. In general, an employment contract must comply with the Labor Code of the Russian Federation and contain all the necessary obligations, rights and responsibilities of both parties. You can download a sample employment contract with a remote employee here. An employment contract can be signed electronically; for this, the employer sends the remote employee an electronic version of the employment contract, the employee reads it and, if he agrees, signs and sends the documents back to the employer in the same way. Also, an employment contract can be sent by mail; in this case, the original contract is sent in two copies, one of which the employee with his personal signature must send back to the employer.
3. Preparation of employment orders. To issue an order to hire an employee to work remotely, you only need an employment contract signed by both parties. It is not necessary to require the employee to write a job application, labor legislation does not require this. The order in form T-1 indicates information about the employee, the position for which he is hired, and the start date of work. In the line to indicate the basis for preparing the document, details of the employment contract are written.
4. Registration of a personal employee card. The order serves as the basis for issuing a personal card of form T 2 for the remote worker, and also, if necessary, a personal file is drawn up, which includes all the documentation submitted by the employee about himself, as well as all statements, orders and other documents related to work activity employee.
5. Making an entry in the work book. In order to make a record of employment in the work book, the remote worker should send his work book by mail. The employer, on the basis of Order T 1, makes the appropriate entry and retains the work book until the termination of the employment contract. Upon dismissal, a record of dismissal is made in the work book, after which the book is sent to the resigned employee.
6. Familiarization of the remote worker with the company’s internal documentation. Despite the fact that the employee works remotely, that is, is not within the organization, he needs to be familiarized with internal regulatory documents that are related to him. Familiarization takes place electronically, that is, the employer sends the employee documents with which he gets acquainted and in in the right place puts his signature as a sign of awareness.

Features of hiring remote workers

An employee can send personal documents to the employer electronically, having previously certified them by a notary. If necessary, you can also send the originals of these documents to the employer, and you should use ordered letter with notification of delivery.

The completed employment order must be handed over to the employee for an introductory signature; this can also be done remotely via electronic communication or by postal service.

It is not necessary to send a work book to the employer to make a record of employment; this is done only if the employee himself needs it. This is due to the fact that work activity is confirmed not only by the presence of a record in work book, as well as the concluded employment contract.

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

Applicants and current employees are increasingly expressing a desire to work remotely; some employers greet this offer with a smile, while others are wary. The article discusses the opportunities that remote employment opens up and what consequences it entails. The question is very twofold: in the USA this way of working is highly popular, but 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 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, essentially hired for hourly or piecework.

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

Who is suitable for remote work?

It is important to recognize that home-based workers are not suitable for every task and, before deciding to switch the office to remote work, it is necessary to evaluate whether the decision is feasible. For some professions, remote work will serve as an impetus for development, while for others it will destroy them in the bud.

Often such a schedule attracts advertising specialists, designers and editors. In short, those professionals who are not always able to maintain a stable workload and full-time employment. In addition to creators, remote work is of interest to marketing workers, analysts (including financial ones), and experts in psychological and sociological research. Typically, such employees perform project tasks and they find it much more efficient to work from home.

Increasingly, adherents of the IT field are choosing to work remotely, because... There is no need to organize workspaces within the office walls. With the help of progress information technologies, developers software and webmasters system administrators and many others easily cope with tasks without leaving home.

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

Working from home opens up opportunities for hiring disabled people and women 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 eight-hour workdays.

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

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

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

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

Such an example does not limit the hiring method; it all depends on the workload on the person and the specifics of his functionality.

Economic efficiency

This format of interaction with an employee saves about half a million rubles a year. This can be verified by a simple calculation using average figures (they may vary in each region).

Cost of an office worker for a company

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

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

Costs for a remote employee

When calculating the costs of a homeworker, the financial side is much more interesting for the employer. When hiring a designer for remote work, the average salary is 25 thousand rubles per month. If we talk about official employment, then contributions here will cost approximately 8.6 thousand rubles. There is no need to spend money on a workplace; they have computers, roofs over their heads and the Internet. There is a possibility that the costs of stationery and communications (including the Internet) will have to be reimbursed, but this 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, translated into a year - this is rounded 480 thousand rubles. Even if you have to spend more than the specified amounts on something, for example, installing the Internet, the employer’s benefit will still remain impressive.

Pros and cons of remote work

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

Benefits for the employer:
— Reducing the cost of maintaining the workplace.
— Payment for actual results and hours worked.
— Savings on tax payments.
— The ability to retain a valuable employee during a crisis.
— Reduced costs for social benefits.
— 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 control of work.
— Less team responsibility and collective influence.
— Risk of lowering the company’s authority among clients due to a virtual office.

Benefits for the employee:
— Ability to perform several jobs simultaneously.
- Free schedule.
— Reduced travel costs.
— Saving time on the road to work.
— Preserving space in a crisis.
— Possibility to do personal affairs in parallel with work (flexible employment).

Disadvantages for the employee:
- Unstable loading.
— There is no team spirit and belonging to society.
— The risk of ending up with an unscrupulous employer.
— Distribution of workplace content among employers (calculations).
- Distractions.
— Reduced guarantees from labor legislation.

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

How HR can 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 telephone or via the Internet. Key goal: to constantly be in touch with a colleague so that he understands his value to the company and belonging to the corporate culture.

Homeworkers tend to be self-motivated and self-disciplined. At the same time, as noted above, they have enough reasons to be distracted. The ability to unite remote workers into working groups, the results of which are assessed based on team indicators, helps to cope with this problem. Thus, 2 issues are resolved: team spirit, communication with the team and involvement in the work process.

Working remotely requires 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 high chance of subsequently transferring the effective colleague to the office on a permanent basis.

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

No matter how attractive the prospect of remote work may be, it is important to act consciously, thinking through every step before making a decision. To understand how suitable it is for a company to start by hiring a small group of people and testing new format work for the company. After which 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 the effect of novelty, which opens up interesting prospects.