What is remote work: why did I drop everything and switch to remote work? Remote work Remote work labor code

The development of technology and means of communication has led to the fact that many workers no longer need to be in the office to perform their labor function. So, lawyers, accountants, designers, IT specialists and even sales department specialists can work outside the office if telemarketing is used. Not so long ago, legislators also recognized this fact, fixing certain rules for remote work in the Labor Code. How to properly arrange such employees? Is it possible to transfer existing employees to remote work? What "pitfalls" can an accountant stumble upon in connection with the remote work of employees? We will answer these and other questions in this article.

What is the benefit

remote work— this is convenient both for an employee who does not need to spend time, money and effort on daily trips to the office, and for an employer who can not only save on the costs of organizing a stationary workplace (rent, communications, equipment, programs, support), but also more flexible approach to hiring staff. After all, a remote worker can work not only outside the office, but also from another city and even from another country. The behavioral stereotypes of young employees, who are initially more focused on working outside the office, also fall on the same scale.

All of these factors, taken together, are driving the growing popularity of remote work. But legislation, until recently, such a phenomenon as “remote work” bypassed, and employers were forced to invent various “schemes”. But last year, Federal Law No. 60-FZ dated 05.04.13, the Labor Code was finally supplemented with a new one, dedicated to the peculiarities of regulating the work of remote workers.

How is it different from home work?

The first thing you should pay attention to when studying the provisions new chapter The Labor Code of the Russian Federation is the difference between a "remote worker" and a homeworker. After all, the regulation of home work in the Labor Code of the Russian Federation was initially, but in practice these norms were not applied to formalize relations with those who do not sit in the office “from nine to six”. And that's why.

First, the norms on homeworkers are designed in such a way that they regulate labor activity of a production nature. Such a conclusion already follows from the definition given in the Labor Code of the Russian Federation: a homeworker is a person who has concluded an employment contract for the performance of work at home from materials and using tools and mechanisms allocated by the employer or purchased by the homeworker at his own expense. Those. it's about something material created by hands employee. It is not easy to apply this article to a lawyer, accountant, website editor or designer.

Secondly, according to the Labor Code of the Russian Federation, a homeworker is a full-fledged worker, in respect of whom all the procedures provided for by the Code must be followed (full registration, equipment of the workplace, ensuring its safety and compliance with labor protection requirements, etc.). And this is impossible in a situation with a remote worker. It is not always possible to meet with him once to conclude an agreement.

The legislator tried to eliminate these shortcomings by adopting the rules on remote work. The Code now clearly states that a remote worker performs a labor function. At the same time, he performs it outside the location of the employer (branch, representative office, other separate structural unit) and even outside a fixed workplace, territory or facility directly or indirectly under the control of the employer. Interaction between an employee and an employer takes place over public telecommunication networks, including via the Internet (Labor Code of the Russian Federation). By general rule the employee independently provides himself with a workplace and equipment.

The remote worker does not need to pass medical checkup, an employment contract with him can be concluded and terminated electronically. Finally, a "remote worker" does not have to make an entry in the work book, pay overtime work and ensure full safety at work. In general, the conditions are much more realistic to implement than the rules for homeworkers.

How to draw up a contract

Let's move from theory to practice. First of all, we will consider what wording should be included in the employment contract if it is planned that the employee will work remotely.
So, the contract must specify the nature of the work. For example, it may be such a wording: “The employee performs the employment contract labor function outside the location of the employer (remotely). The place of work indicates the address of the employee (or another address at his request) - this is required by the Labor Code of the Russian Federation. It is also required to indicate the mode of operation, since the Labor Code of the Russian Federation does not make exceptions for remote work. Here the wording will be standard: “The employee is set the normal working time - 40 hours a week, a five-day working week with two days off - Saturday and Sunday, the duration of daily work is 8 hours.”

Further, in the contract, it is necessary to fix the provisions regarding the subordination of the employee to the rules of the internal labor schedule (Labor Code of the Russian Federation). Here we recommend the following wording: “The internal labor regulations apply to the employee in the part that does not contradict the essence of the terms of this employment contract on remote work.”

The contract must establish the procedure for providing the employee with various resources. So, you can specify that "the employee independently provides himself with a computer, telephone and access to the Internet." And you can impose a similar obligation on the employer: “No later than 5 working days from the date of conclusion of this employment contract, the employer undertakes to provide the employee with a computer, telephone, and ensure the availability of an Internet connection.” The third option is to fix the obligation of the employer to compensate the employee for equipment and (or) pay for the phone and the Internet. For example, like this: “The employer undertakes, no later than the fifth day of each month, to compensate the employee’s expenses for paying bills for the Internet and mobile phone at actual costs, but not more than 10 thousand rubles per month. Compensation is paid in accordance with the Regulations on Compensation of Expenses for Employees Employed Outside the Location of the Employer (Remotely), approved by the employer.”

Finally, the contract should fix the terms and procedure for the delivery of work, as well as the procedure and frequency of communications with the employer, indicating the email addresses to which the employee must send all his messages to the employer.

What to write in the Timesheet

The obligation of the employer to record the time actually worked by each employee (part 4 of the Labor Code of the Russian Federation) in connection with remote work is not canceled. In our opinion, the report card for the "remote worker" can be filled out as follows: on weekdays, turn out (code "I" or "01"), on weekends and holidays - rest (code "B" or "26"). The number of hours worked is set in accordance with the employment contract.

You can go the other way, fixing in the employment contract that the employee distributes working time and rest time at their own discretion (the option provided for by the Labor Code of the Russian Federation as the main one), and notifies the employer in writing about the working hours. In this case, you can fill out the Time Sheet based on employee reports. But this option is not regulated by law, so we would not recommend using it everywhere. Moreover, this can also lead to tax problems (see the question about compensation below).

Transfer an employee to telecommuting

For remote work, you can accept not only new employees, but also transfer existing ones. To do this, you need to draw up an additional agreement to the employment contract. The subject of this agreement is the change in the nature of labor. Accordingly, in the agreement you include all the wording regarding the new labor regime, which we cited above. Be sure to include the date from which it applies new order work.

"Remote" business trip

The next interesting point that an accountant may face is the payment of travel allowances to a remote employee. For example, a “remote” lawyer can travel to other cities to participate in the consideration of a case, or attend various seminars and forums. A logical question arises: can an employee working remotely have business trips? And, accordingly, will the tax authorities accept such expenses?

By virtue of the Tax Code of the Russian Federation, remote workers are subject to labor legislation and other regulatory legal acts containing norms labor law, taking into account the features established by Chapter 49.1 of the Labor Code of the Russian Federation. This chapter does not contain any exceptions for business trips. Thus, the employer can send a remote worker on a business trip. And, accordingly, take into account all the associated costs in taxation.

Whether to register a separate division

We note another important point for an accountant: hiring an employee for remote work is guaranteed not to lead to the formation of a separate unit. After all, the Labor Code explicitly states that such work is performed outside a separate structural unit (including those located in another locality), outside a stationary workplace, territory or facility that is directly or indirectly under the control of the employer. And according to the tax code separate subdivision An organization is recognized as any subdivision that is territorially isolated from it, at the location of which stationary workplaces are equipped.
As you can see, these two definitions directly contradict each other. So there is no question of registering a unit in this case.

Accounting for compensation

The Labor Code provides for the possibility of establishing compensation for remote workers related to the use of personal property to perform work. Moreover, you can compensate not only the costs of communications and the Internet, but also pay for the “depreciation” of a computer, tablet and other equipment. It is important here that this condition be fixed precisely in the employment contract, and not in a separate document (memo with a visa or order), as the Labor Code of the Russian Federation allows for ordinary workers.

Another nuance is related to the distribution of reimbursable expenses for those incurred in connection with the implementation job duties and outside of them. For expenses in the form of a monthly fee, such distribution can be made on the basis of the ratio of the number of working hours and the total number of hours in the period. This data, of course, must be taken from the employment contract and the time sheet.

For expenses that can be clearly attributed to a particular time (payment for communication costs, for example, or for paying for certain programs, accesses, etc.), it is also important for the employer to know whether this or that expense was made during working hours. But in conditions when the employee himself determines the mode of working time and rest time, this is difficult to do. Accordingly, it is necessary either to require an appropriate report from the employee and keep it in the accounting department, or to establish a clear working time in the employment contract.

Remote employees working remotely is no longer a rarity today. Now it is far from always necessary to be in the office in order to fulfill your labor duties. Going towards progress, legislators have amended the Labor Code of the Russian Federation regarding remote workers (freelancers).

In the article below, we will figure out what are the features of accounting for relationships with remote workers, how to draw up an employment contract with them, a sample contract with a remote worker can be downloaded in this article below.

Who benefits from remote work?

Remote work is the dream of any employee, because it is possible at home, in a comfortable environment, to perform work duties and receive payment for them. No need to get up early in the morning, drive in any weather, stand in traffic jams, waste your time.

Is it good for the employer?

Of course, it is also beneficial for the employer to have a remote worker. This significantly reduces the cost of personnel, the organization of the workplace, the purchase of equipment and furniture for it.

Features of remote work are that the employee and the employer can be located in different localities, cities and even countries. You can find a really competent specialist.

However, this brings with it a more responsible approach by the employer to finding suitable personnel. Not everyone will be able to provide the necessary performance at home.

Federal Law No. 60-FZ of April 5, 2013 introduced an additional chapter 49.1 into the Labor Code of the Russian Federation, which regulates the work of remote workers.

This chapter consolidates such concepts as “remote work” and “remote worker”.

Remote work is the performance of labor duties outside the location of the employer.

A remote worker independently provides himself with a workplace, and maintains contact with the employer using the phone, the Internet, and mail.

Employment contract with a remote worker

Chapter 49.1 of the Labor Code makes it possible to conclude an employment contract with a remote worker in in electronic format.

The text of the employment contract must include the nature of remote work, that is, it must be indicated that the employee must perform his labor duties outside the territory of the employer.

According to Article 57, the address of the workplace must be indicated, this can be a home address or any other place where the remote employee plans to perform his labor duties.

The length of the working week for remote workers is the same as for regular workers, that is, a 40-hour work week in the standard case. All deviations from the standard working week must be recorded in the contract.

What other information should be included in the employment contract:

• Features of the labor schedule;
• Providing resources for work. There are several options: the employee provides himself with everything, the employer provides the employee with his own resources, the employer pays the employee the cost of resources (payment for the purchase of a computer, office rent, payment cellular communication, the Internet, reimbursement of expenses for fuel and lubricants, depreciation of a car, computer and other equipment used to perform work duties);
• Features of submitting reports on the work done to the employer (via phone, skype, e-mail, in what form, with what frequency).

If you need to transfer working employees to remote work, then this can be done using registration additional agreement to the existing employment contract, which sets out the changes in the nature of work and the day from which these changes come into force.

If a remote worker needs to be sent to another locality to complete a task related to the organization’s activities (on a business trip), the employer draws up the same documents as in relation to sending ordinary workers on a business trip. Read about making a business trip.

All travel expenses for remote workers are accounted for in the standard way.

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

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

The concept of remote work

With development information technologies sometimes you don't have to be at the workplace to do any work. Already, on-line work is gaining ground, when employers and employees, using special technical means, maintain working contacts while being in different places.

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

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

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

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

Note that remote work can be carried out:

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

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

Who can work remotely?

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

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

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

Today, remote work is performed mainly by:

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

Regulatory regulation

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

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

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

In 2011, the Russian Union of Industrialists and Entrepreneurs put forward the idea to separately prescribe in the Labor Code the provisions on the labor of workers outside the employer's territory. However, this idea was not developed, as the public's attention was riveted to more scandalous norms, such as an increase in the length of the working week and others, but in vain. For example, currently a Moscow company, in order to remotely use the services of an employee in Nizhny Novgorod, which, say, represents an online store, must register a separate structural unit there - a branch or representative office. However, this is not always advisable, especially if this worker works at home via the Internet and the organization has no other employees in Nizhny Novgorod. As a result, organizations often evade registration, respectively, there are risks of liability state inspection labor or tax authorities.

Advantages and disadvantages of remote work

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

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

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

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

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

Features of registration of labor relations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Time tracking

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

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

Based on Art. 21 of the Labor Code of the Russian Federation, according to which the employee must conscientiously fulfill his labor duties and comply with the internal labor regulations, the employment contract can contain a provision on the obligation to notify the employer about absence from the workplace (if determined by the employer) and prohibit working over fixed duration working time.

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

Document management for remote work

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

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

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

Summarize

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

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

A.I. Suverneva

Journal Expert

"Salary:

Accounting

and taxation"

The interest of employers in the format of remote cooperation is quite understandable: the transfer of employees to remote work significantly reduces costs. After surveying companies, experts from Hays and Comunica found that in 67% of organizations remote work allows you to save on overhead costs, in 14% - on payroll, in 10% - on representation costs. Most often, the format of remote or remote work is common in startups. And usually, employers have questions: is it worth concluding an employment contract with a remote worker and how best to do it?

You need to start from the tasks and the expected period of cooperation. If you are committed to constant cooperation, then you need to register a remote employee in the state and conclude an employment contract with him. If you need a specialist to perform some task or for a short-term project, then you can get by with a civil law contract.

Thus, there are two options for registering a remote employee, each of which has its own characteristics.

Remote work and legislation

In April 2013, the President signed into law, which obliges employers to enter into employment contracts with remote employees. Corresponding amendments were made to the Labor Code.

The law provides that the interaction between the employee and the employer is carried out through the exchange of electronic documents using.

What opportunities have appeared for remote employees due to the adoption of the law:

• conclusion of employment contracts and making changes to them via the Internet;
• introduction to writing, including against signature, with adopted local regulations directly related to labor activity, orders (instructions) of the employer, notifications, requirements and other documents, can be carried out by exchanging electronic documents between the employer and the remote worker;
• applying to the employer with a statement, providing an explanation or other information in the form electronic document;
• sending the original documents to the employer by mail by registered mail with notification - to provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood;
• when a remote worker submits an application for the issuance of duly certified copies of documents related to work, the employer, no later than three working days from the date of submission of the application, must send these copies to the remote worker by registered mail with notification or, if indicated in the application, in the form of an electronic document .

The law obliges employers to send paper copies of contracts by mail to remote employees no later than three calendar days from the date of conclusion of the contract.

Art. 312.1 of the Labor Code of the Russian Federation:

Remote work is performance of a labor function determined by an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another locality), outside a stationary workplace, territory or object directly or indirectly under the control of the employer, subject to use for performance this labor function and for the implementation of interaction between the employer and the employee on issues related to its implementation, public information and telecommunication networks, including the Internet.

Teleworkers are considered persons who have concluded an employment contract on remote work.

Applicable to telecommuters the operation of labor legislation and other acts containing labor law norms, taking into account the specifics established by this chapter.

Some features of the conclusion of an employment contract on remote work can be noted:

• if the contract is concluded by a person for the first time, then he receives insurance certificate compulsory pension insurance independently;
• acquaintance of the person with the documents provided for by Part 3 of Art. 68 of the Labor Code (internal labor regulations, other local regulations work related, collective agreement), can be carried out by exchanging electronic documents;
• by agreement of the parties, information about remote work may not be entered in the work book of a remote worker, and when concluding an employment contract for the first time employment history remote worker may not be issued (the main document on labor activity and length of service will be a copy of the employment contract on remote work);
• in addition to additional conditions that do not worsen the position of the employee, the contract may include additional condition on the obligation of the employee to use equipment, software and technical means, information security measures provided or recommended by the employer.

Labor protection for remote workers: what are the features?

The employment contract on remote work determines the procedure and terms for providing employees with the necessary software and hardware, equipment, information security tools, etc.

Also, the employment contract establishes the procedure and terms for submitting reports on the work performed, the amount, procedure and terms for paying compensation for the use by employees of their own or rented software and hardware, equipment, information security tools, etc.

Art. 312.3 of the Labor Code of the Russian Federation notes that the employer must familiarize remote workers with the requirements of labor protection when working with equipment and means recommended or provided by the employer. He also performs the duties under par. 17, 20 and 21 hours 2 tbsp. 212 of the Labor Code of the Russian Federation:

• sanitary and household services and medical support for employees in accordance with the requirements of labor protection, as well as the delivery of employees who fall ill at the workplace to a medical organization, if necessary, to provide them with urgent medical care;
• obligatory social insurance workers from accidents at work and occupational diseases;
• familiarization of employees with the requirements of labor protection.

Working hours, rest time of a remote employee

The employee can set the regime of working time and rest time on his own, if this is not prescribed by the employment contract.

As for the annual paid leave, the procedure for its provision is determined by the employment contract in accordance with the Labor Code and acts containing labor law norms.

Registration under the GPC agreement

This option is convenient for employers who are focused on short-term cooperation with a remote worker or intend to take a specialist on a project. The advantage of registration under a GPC agreement is that it does not imply registration for a position, and the result is important for the employer, not the process.

The GPC agreement provides specific list works or services to be performed. The results of the work are fixed by bilateral acts of work performed / services rendered, after which the contractor is paid a remuneration.

The GPC agreement specifies the start and end dates of work, but the contractor can work at a convenient time for him and even involve third parties to perform work. The payment procedure is established by agreement of the parties (for example, advance payment and payment upon completion and acceptance of work on the basis of an act).

The GPC agreement may also provide for the provision of any conditions to the contractor, but this is not necessary.

What is the benefit for the employer of registration under the GPC agreement? First of all, the fact that he does not need to pay sick leave, provide and pay annual leave maternity leave, study leave. In addition, the employer is not responsible for the life and health of the employee during working hours.

There are other benefits that save companies money. This option of cooperation does not oblige the employer to organize the employee’s workplace, compensate for the costs of additional expenses in connection with work trips and provide labor guarantees, except for contributions to the Pension Fund and the Compulsory Medical Insurance Fund.

The procedure for registering a remote employee under a GPC agreement is quite simple. The employee must provide a passport, SNILS and TIN. The contract is concluded in the form of the employer, it prescribes the details of the labor relationship.

Read more about the differences between an employment contract and a GPC agreement in the articles "" and "".

Registration of an employment contract with a remote worker

Unlike the GPC agreement, the execution of an employment contract is a much more complicated procedure. And for a remote employee, issued under an employment contract, all social guarantees apply labor law, as well as for ordinary employees working on the territory of the employer.

The set of documents that are required when applying for a job are named in:

• passport or other identity document;
• work book (exception: cases when an employment contract is concluded for the first time or a person goes to work on a part-time job);
• insurance certificate of state pension insurance;
• the documents military registration- for persons liable for military service and persons subject to conscription for military service;
• a document on education, qualifications or the availability of special knowledge (if a person enters a job that requires special knowledge or training);
• certificate of the presence (absence) of a criminal record and the fact of criminal prosecution or the termination of criminal prosecution on rehabilitating grounds (when applying for a job related to activities that are not allowed for persons who had a criminal record or were subjected to criminal prosecution).

When drawing up an employment contract, a number of nuances should be taken into account. In particular, it is necessary to indicate the signs of a remote worker in the section “Subject of the contract”: the performance of labor functions outside the workplace controlled by the employer and the use of public information and telecommunication networks for work and interaction with the employer.

The employer should indicate the method of communication with the remote worker (phone, e-mail or Skype, indicate the tools, technical means, software that the employee will use to perform work functions. It will not be superfluous to indicate who provides these tools - the employee himself or the employer.

Dismissal of a remote employee

According to, termination of an employment contract with a remote employee at the initiative of the employer is carried out on the grounds provided for by the employment contract. “If the acquaintance of the remote worker with the order (instruction) of the employer to terminate the employment contract on remote work is carried out in the form of an electronic document, the employer, on the day of termination of this employment contract, is obliged to send the remote worker by registered mail with notification a duly executed copy of the specified order (orders) on paper.

The grounds for terminating an employment contract may not differ in any way from those that apply to employees performing labor functions on the territory of the employer (termination by agreement of the parties or at the initiative of the employee). However, there may be special reasons, for example, non-compliance with the deadlines for submitting work reports.

The dismissal of a remote employee is carried out according to the standard algorithm. The document required for the procedure is an order for dismissal. The document is sent to the employee on the day of dismissal electronically, and a paper copy is sent by registered mail.

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

What is remote work

The official definition says that this is an employment relationship between an employer and an 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, in essence, is hired for hourly or piecework work.

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

Who is remote work suitable for?

It is important to realize that telecommuting is not the right fit for every task, and before making the decision to move the office to remote work, it is necessary to evaluate whether the decision is appropriate. For some professions, remote work will serve as an impetus for development, while others will destroy them in the bud.

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

Increasingly, adherents of the IT-sphere are opting for remote work, because. there is no need to organize workplaces within the walls of the office. With the help of advances in information technology, 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 the home schedule. Professionals in the opposite field of activity can also work at home: stitching, packing, assembly and other similar work.

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

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

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

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

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

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

Economic efficiency

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

The cost of an office worker for a company

For example, consider hiring a designer. The average salary for this position is 35 thousand - 30 thousand rubles per month, provided that the person works in the office. As practice shows, wage accounts 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, utilities, telephone, social package, internet, cleaning and much more). In total, the presence of an employee in the office will cost 75 thousand rubles a month.

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

Remote employee costs

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

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

Pros and cons of remote work

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

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

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

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

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

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

How HR to build work with remote employees

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

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

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

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

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

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