How to check hours worked while working remotely. Employment contract with a remote worker: sample filling

- Article 312.1 of the Labor Code

The Labor Code contains the term "remote work". This regular work under an employment contract, only without reference to the employer's office.

Imagine there are two accountants. Maria works at the Zyablik company and goes to the office. She is an office worker. And Elena - she does the same thing, only from home. She is a remote worker.

There are no restrictions in the Labor Code on which employees can be hired for remote work and which ones are not. Therefore, if conditions allow, take anyone: an accountant, lawyer, marketer, sales manager.

Working conditions - as for office workers

According to the Labor Code, remote employees work as "full-time employees on a general basis." In practice, this means that the employer:

• gives leave;
• pays sick leave;
• pays extra for overtime or work on holidays;
• pays daily allowance and compensates expenses on a business trip;
• investigates accidents that occurred during the working day. Suppose an employee fell in the office and broke his leg. The employer is obliged to find out the cause of the fall and, if the employer is at fault, to compensate for the damage. The same goes for the remote worker. An accountant works from home and falls while preparing a report - the employer finds out what happened;
• gives equipment and programs for work or compensates if the employee has everything of his own. To work, you need a computer, a phone, a licensed Photoshop. If the employee has everything his own, the employer pays compensation.

The general rule is this: the employer does for remote employee everything is the same as for the office. If someone thought to save money on this, it will not work.

Without a work book, but with an electronic signature

The rules for registering a remote employee are almost the same as for an office employee. The list of documents is the same:

• employee's personal documents. This is a passport, insurance certificate and education documents, if necessary;
• working conditions documents. Usually, they include a job description, an instruction on labor protection, a provision on personal data and trade secrets;
• labor contract;
• The order of acceptance to work.

There are two differences compared to office workers. First - employment history. According to the Labor Code, the employer is not required to fill it out for a remote employee, only if he asks. A request is a statement by an employee with his signature.

Another difference in paperwork is it is not necessary to meet to sign documents. There are two ways to do this. The first is through the Russian Post or courier. The employer sends two copies of the employment contract and documents on working conditions, the employee signs and sends one copy back. So he shows that he has seen everything and agrees with everything.

Another way to take on remote work is to remotely sign documents. But here, as always, there is a catch. There are companies that believe that remotely is when an employee receives an employment contract by e-mail, prints, signs, scans and sends a scan by mail. This is not the case for remote work.

How to get an electronic signature

To hire a remote employee, he and the employer must sign an employment contract, and the employee must show that he has seen documents on working conditions. For example, the job description and the provision on trade secrets. To do this, you will need an electronic signature of the employee.

An electronic signature, or ES, is a replacement for a handwritten signature for electronic documents. She confirms that it was Maria Mashkina who signed the contract, and not someone else. Obtaining an electronic signature can take a week and three thousand rubles.

There is no indication in the Labor Code who pays for obtaining a signature and who does it in general. Usually the employer does this for the employee: he hires ten employees, pays ten signatures. At the same time, it is impossible to force an employee to sign at his own expense.

If an employee signs an email signature, paper version contracts are still required. In this case, the employer sends the contract by registered mail. For sending - three calendar days from the date of signing.

My advice is to sign the contract at a meeting or through an electronic signature. According to the law, an employee is not entitled to work without signed documents, and it takes time to send them. There is still a risk that the employee will forget to send a copy of the documents, the employer will forget about it, and the company will be left without documents.

Remote format of work

In an employment contract, the employer and the employee agree on everything: how much the employee works, how he receives tasks and reports on what equipment he will use.

Labor contract for a remote employee is not much different from the usual. I'll talk about the features. The first thing that should be in the contract is the format of the work. It seems obvious, but I have seen employment contracts where the word “remote” was not there, although it was about remote work. Suitable phrase:

The employee works remotely. The start date for remote work is November 21, 2018.

If the contract does not contain a work format, labor inspectorate questions may arise as to why the employee is in another city or works from home.

Place of work or place of conclusion of the contract

According to the labor code, the place of work is a mandatory condition of the contract. You can write the home address of the employee or any other where he happens to be.

The number depends on the region of work vacation days and salary supplement. The place of work for remote employees is the location, as the Ministry of Finance says in its letter and the Labor Code.

Accountant Maria works from home, home in Yakutsk. Her vacation is 52 days:

28 days - mandatory vacation,

24 days extra for work in the Far North.

If an employee changes the city, for example, lives either in Moscow or in Yakutsk, it is not clear how to count vacation and additional pay. To avoid disputes with an employee, I suggest writing not “place of work”, but “place of conclusion of the contract”. Such a place may be the city where the employer sits.

Reasons for dismissal

A remote employee can be fired in the same way as an office employee if he violates the working conditions.

Can an employee be fired for absenteeism?

Secretary Elena was supposed to work for five days, but skipped three of them. The Labor Code calls this "failure to perform labor duties." For violation, the company has the right to dismiss under the article, this is the 81st article, the sixth paragraph, subparagraph "A".

In practice, you won’t be able to get fired for one absenteeism, but for several absenteeism, yes.

In order to have evidence of violation of the conditions, I advise you to prescribe the main conditions in the contract. For a remote worker, this is:

• schedule and hours of work. I recommend setting a total working time of 40 hours a week;
• what hours the employee is in touch and how it shows that he is in touch. In the contract, we write that the employee answers in a telegram at least once an hour, except for lunch. On Mondays, planning. If the employee did not get in touch without warning, this may be regarded as absenteeism.
• how an employee receives tasks. For example, "The head of the employee sends official tasks and the necessary information for their completion to the e-mail ivanov@firma.ru";
• how it reports.“The employee sends the results of the work to the employer’s e-mail petrov@firma.ru. The deadline is in the service assignment”;
• additional reasons for dismissal. For example, “if an employee does not complete tasks on time and he does not have a good reason, the employer has the right to issue a reprimand followed by termination of the contract. List good reasons- in Appendix No. 1.
• equipment and compensation. In the contract, write what the employee will need for work, he buys the necessary things himself or at the expense of the employer. Example wording: “The employee uses his own office equipment for work. The employer pays the employee compensation for the use of office equipment in the amount of 1000 rubles per month. The deadline is the 10th of each month.

Details of tasks, who reports to whom and in what format reports can be written in job description or in an employment contract. My advice is to describe all this in as much detail as possible. Otherwise, there is a risk that the employee cannot be fired, even if he does not actually work.

Employee Consent

The employer has the right to transfer the employee to remote work. This can be done at the initiative of the company or employee.

Employer offer. If the transfer is an initiative of the employer, he informs about it two months in advance. There is a notification for this: from such and such a date, we offer to switch to remote work. The notice must be handed over personally and ask the employee to sign that he saw the offer and agrees with everything.

Work that the employer is obliged to offer - Article 74 of the Labor Code

The employee has the right to refuse the remote work format. Let's say we are talking about Maria's accountant. If the employer wants the accountant to work remotely, but Maria is against it, he has two options:

• agree with Maria and allow her to work in the office;
• refuse and fire Maria.

You can't just get fired. First, the employer offers free vacancies. There are many rules, but here's the main thing: you have to offer literally all available vacancies. For example, a doctor financial director and cleaners. That's all right.

Can be fired if an employee refuses a new job - Labor Code

If an employee refuses offers, the employer has the right to dismiss him, the right is given by the seventh paragraph of the 77th article of the Labor Code. He says that the company changed the working conditions, offered other vacancies, but the employee refused.

Employee proposal. An employee can ask to be transferred to remote work. To do this, he writes a statement and talks about the reason.

Usually, an employee's request is related to the fact that it is difficult to get to work or you want to go to another city, you have a child, or you need to take care of elderly relatives. The employer is under no obligation to agree to the employee's request. Therefore, even if the employee really wants, and the employer is against it, the employee will have to go to the office or quit.

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 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 of the new chapter of 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 rules on homeworkers are designed in such a way that they regulate labor activity industrial 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, a homeworker, according to the Labor Code of the Russian Federation, 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 stationary workplace, territory or facility that is 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). As a 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 in electronic form. 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, this may be the following wording: "The employee performs the labor function provided for by this employment contract outside the employer's location (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 worker is set a normal working time - 40 hours a week, five days work 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 connection 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 operator" can be filled out as follows: weekdays set turnout (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 work 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 compose supplementary agreement to an 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 to 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, 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 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 expenses incurred in connection with the performance of labor duties and outside them. For expenses in the form subscription fee such a 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.

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

Freelancer vs Remote Worker: What's the Difference?

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

• conclusion of a formal agreement on distance cooperation;
• receiving a task from the boss, where the conditions and deadlines for completion are prescribed;
• written agreement an employee for execution - it is possible on the Internet;
• direct performance of work;
• making corrections if necessary;
• receiving payment by agreement.

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

Disadvantages of remote work

1. Lack of control

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

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

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

2. No personal connection

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

3. No teamwork

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

Types of remote workers and their motivation

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

1. Moms on maternity leave

This may be your own employee who went on maternity leave, but has some free time and is ready to work for the benefit of her own company. Or just a woman who wants to earn extra money. What professions are suitable? If you have the appropriate education - almost any that do not require presence in the office. Maternity workers make excellent accountants who take on the balance of several companies, authors of articles for women's magazines, programmers, designers - thousands of them! Employee Qualities:multifunctionality (try to write a report while stirring the porridge and putting the baby to bed), responsibility and attentiveness (“professional” qualities of parents), learning ability. Of the negative - work for mothers will always be in second place after the child. If you are not afraid of “oh, I didn’t make it on time, because the child has a fever,” feel free to take maternity leave to work. Motivation:mothers are forced to stay at home and temporarily cannot realize themselves professionally. For many, being just a “happy mother and wife” is not enough: give them the opportunity to work and earn! Well, money for a child is always needed, of course.

2. A separate category - inexperienced.

These can be the same maternity workers, housewives and other beautiful ladies and gentlemen who want to earn extra money, but do not have the knowledge and experience. For some reason, it is believed that anyone can write an article and copywriting is the lot of maternity leavers. The next level for inexperienced people is to take weekly courses or seminars on fashionable topics (content management, basics of web programming, etc.) What professions are suitable? If there is no education, inexperienced people do a good job of working as an operator of incoming calls, calling clients using ready-made scripts, administrators of public social networks. Employee Qualities:curiosity and responsibility. A neophyte cannot afford to give up on work - on the contrary, he will bring it to the ideal in order to get your approval. Motivation:on the initial stage it is important for beginners to gain experience and get a good portfolio. To do this, they are often ready to work for a penny or for food, and many employers, to be honest, shamelessly use this. You can save a lot on beginners - but then get ready to correct their flaws and jambs yourself.

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

3. Workhorses

These are hard workers who are accustomed to work hard. They have a main job, a couple of part-time jobs, and they will never refuse additional kalym. Money is needed! Often workhorses are residents of small towns. It often happens that the salary there is pure tears, it’s scary to break away from your old place of work and go to the metropolis to earn money, but you want to get good money. There remains a part-time job that hard workers are intensively looking for on the Internet. What professions are suitable?Absolutely any, if there is an appropriate portfolio and work experience. Qualities of employees: these are not just workers, but terminator robots that do not know fatigue. They work quickly, they are responsible for quality, they don’t miss deadlines, they know their business - just perfect employees! The only negative is that if there are too many part-time jobs, such an employee can concentrate on the most important or highly paid at the moment, and do the rest automatically. Motivation:as already mentioned, best motivation for horses - money. They do not need recognition and the laurels of the best worker, they do not want an entry in the work book and acceptance into the state - if only they would pay, but more.

4. Creative personalities

These are the same freelance artists who create with a laptop under a palm tree somewhere in the Pacific Ocean. Or in a working coworking space, or in a cafe with free Wi-Fi, or at home in a residential area - no matter where. For them, a strict schedule, office dress code and instructions from the boss are unacceptable - they catch inspiration and write only what they like. What professions are suitable?Any creative, not associated with hard deadlines. TK - as free as possible so that the author can show creativity to the fullest. It is not recommended to involve creators in working with people: they are unlikely to be able to hang on the phone, the subtle mental organization will not stand it. Employee Qualities:creativity and non-standard thinking - this cannot be taken away from the creator. At the same time, they are sometimes optional, waiting for the coming of the muse instead of sitting tightly at the computer and working. When a freelance artist is faced with a harsh reality, for example, a copywriter is forced to write for the hundredth time about “buy cheap plastic windows” instead of artistic texts - the creative fuse passes quickly, and the crisis is not far off. Motivation:if you want the creator to be as interested as possible in working with you - let him express himself as he pleases and do not limit him to specific deadlines. Of course, there is a risk and do not wait at all finished work but the result is worth the candle.

5. Real professionals

These are people who have been in the profession for many years. They get good money and can only afford to take on projects that they enjoy. Ordering a text from a cool specialist costs far more than one thousand rubles. But people who care about quality, and not the original price, are unlikely to waste time on trifles and hire copywriters on the stock exchange. What professions are suitable? L any in which a person has realized himself. The presence of education does not play any role: the portfolio and experience speak for themselves. Also, pros can act as experts and independently teach what they have already taken place in.

Qualities: responsibility, purposefulness, self-organization. Everything will be clear and to the point, but you will also have to pay above average. Motivation: it's hard to imagine what can interest a professional. He has accumulated experience, a chic portfolio, and his name is known in narrow (or even wide) circles. Try to offer him something really new and interesting to make his eyes light up. Well, a good fee that will not leave you indifferent.

Where to look for remote workers

1. Job sites: hh.ru, superjob.ru other. Look for resumes of employees marked remote work, work from home. 2. Exchanges and freelance sites: www.fl.ru, freelance.ru, advego.ru other. Here, those who are ready to work remotely are purposefully looking for orders. 3. Social networks.Take, for example, VKontakte, go to the group section and write the magic word “remote work”. Voila!

In communities, you can independently search for a job seeker or place an ad in the relevant topic. 4. Word of mouth- well, where without him. It is worth posting an announcement on the same social network that a remote employee is required, friends and friends of friends with contacts of a good employee will definitely respond.

Legal subtleties

Remote employee, as the saying goes Labor Code must conclude a remote work agreement with the company. If there is no such document, all calculations and agreements are based only on parole. In order not to have problems with the tax, we advise you to draw up an official employment contract with the employee - while making an entry in the work book is not necessary. The contract prescribes standard clauses: the rights and obligations of the parties, the amount of payment, the procedure for accepting work, and so on. For registration, you will need a passport, an insurance certificate, a document on education is not necessary. They can be scanned and sent to the employer by mail. Full-time employees, whether they work remotely or not, are entitled to holidays and days off, overtime and maternity leave, and benefits. Remote workers receive payments upon dismissal, pay sick leave, but also taxes are deducted in a timely manner. Upon dismissal, the employer is obliged to issue a dismissal order and familiarize the employee with it, even if in electronic form. In short, remote workers have exactly the same rights as your other employees. If you do not plan to hire an employee, but need his work to write a text, make up a booklet, etc. - conclude a civil law contract. In this case, the remote employee acts as an individual providing services. After the work is completed, an act of completed work should be issued. So, check out a job site or a remote worker community, create an ad, and wait for another smart person to appear in your company. Be prepared for the fact that a professional is not immediately found - sometimes you have to review dozens of candidates and only then make a choice. And most importantly - respect the employee by formalizing the employment relationship according to the law.

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 accepted 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 of an electronic document;
• sending the original documents to the employer by registered mail with notification - for the provision of 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 requires employers to send paper copies of contracts by mail 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 an insurance certificate of compulsory pension insurance on his own;
• 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 related to labor activity, 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, a work book for a 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 hardware, information security tools provided or recommended by the employer in the performance of labor duties.

Labor protection for remote workers: what are the features?

An 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 medical organization if necessary, to provide them with urgent medical care;
• compulsory social insurance of workers against 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 a specific list of works or services that must 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 vacation, 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 workplace employee, offset the costs of additional expenses in connection with business trips and provide labor guarantees, except for contributions to the PFR and the Compulsory Health 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, drawn up under an employment contract, all social guarantees under labor law apply, 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;
• documentation 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 to 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 contact with remote worker(telephone, Email or Skype, designate tools, technical means, software, which will be used by the employee to perform labor functions. It would not be superfluous to prescribe who provides the availability of 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 on the termination of 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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THIS ARTICLE IS A CHAPTER OF THE AVAR BOOK LABOR LAW OF RUSSIA

New law introduces serious changes to the Russian labor law. Now there is a legal opportunity to organize remote work of an employee at his home. Previously, the Labor Code provided for the so-called “work from home”, but the conditions for its application were very limited and in fact could not be applied in a situation where an employee was hired to work remotely at home or in another place remote from the office. The old rules on home work, which are still in force, regulate the situation in which a worker performs duties related to the production of consumer and craft goods from materials and using tools of the employer or purchased at the expense of the worker. Therefore, these rules could not be applicable to the regulation of labor various categories workers. In Russia, there was an urgent need to regulate the remote work of such categories of workers as IT specialists, sales representatives, consultants, translators, etc. The changes provide an opportunity to legally consolidate relationships with such employees.

According to the new law, remote work is the performance of labor duties outside the location of the employer, its branch, representative office or other place under the control of the employer. The new law indicates the need to organize communication through the use of information and telecommunication networks, including the Internet, to perform work and interact with the employer. An important provision of the new law is the provision that the presence of a remote worker does not entail the obligation of the employer to register a separate structural subdivision.

Teleworking regulations provide opportunities for more flexible work regulation. For example, they allow for special conditions termination of the employment contract.

Below we will describe in more detail the innovations about remote work and briefly name the close modes of work at home and shift work, as well as the ability to conclude civil law contracts instead of employment contracts.

remote work

The President of the Russian Federation signed the federal law on amendments to the Labor Code, introducing new chapter about remote work. It entered into force on April 8, 2013.

Remote work is understood as the performance of labor duties outside the location of the employer, its branch, representative office or other place under the control of the employer.

A necessary condition for remote work is the use of information and telecommunication networks, including the Internet, to perform work and interact with the employer.

An important point of the new law is the provision that the presence of a remote worker does not entail the obligation of the employer to register a separate structural unit for these purposes. This conclusion can be drawn from the provision of the legislation that a separate structural unit must be registered with the tax authorities if the employer organizes stationary jobs in a geographical area remote from its location (Articles 81.1 and 11.2 of the Tax Code of the Russian Federation) at a time when under remote worker, a stationary workplace is not organized. The regulation of the work of remote workers has some peculiarities. Enhanced qualified electronic signatures. However, this provision becomes binding only by agreement of the parties. If such an agreement has not been reached, the parties may use the paper form of documents (Article 312.1 of the Labor Code of the Russian Federation).

At the conclusion of the contract, the condition for remote work must be included in the employment contract with the employee. The contract may provide for an additional condition on the obligation of the remote worker to use equipment, software and hardware, information security tools and other means provided or recommended by the employer in the performance of his duties.

The employment contract must provide for the following conditions:

Procedures and conditions for the use of equipment, software and hardware, information security tools and other means provided or recommended by the employer;

Procedures and conditions for reporting on the work performed;

Conditions for compensation for the use of equipment, software and hardware, information security tools and other means belonging to the employee;

Rules for compensation of other costs that an employee incurs in connection with the performance of remote work.

The employer's obligation to provide safe conditions and labor protection of remote workers are distributed to a limited extent. Unless otherwise provided by the employment contract on remote work, the mode of working time and rest time of the remote worker is established by him at his own discretion.

An employment contract and agreements on changing the terms of an employment contract may be concluded by exchanging electronic documents. In this case, the location of the employer is indicated as the place of conclusion of the employment contract on remote work, agreements on changing the terms of the employment contract on remote work. The employer, no later than three calendar days from the date of conclusion of the employment contract, is obliged to send to the remote worker by registered mail with notification a duly executed copy of this employment contract on paper. Sending documents presented at the conclusion of an employment contract in accordance with Art. 65 of the Labor Code of the Russian Federation is carried out by sending copies of them in electronic documents. However, at the request of the employer, the applicant is obliged to send him by registered mail with notification notarized copies of these documents on paper.

Familiarization of an employee with documents related to work, including local regulations and orders of the employer provided for by the Labor Code of the Russian Federation, can occur through the exchange of electronic documents. In addition, in cases where, in accordance with the Labor Code of the Russian Federation, an employee has the right or obligation to apply to the employer with a statement, provide the employer with explanations or other information, the remote worker can do this in the form of an electronic document. By agreement of the parties, information about remote work is not entered into the work book, and the work book is not issued to a person who first got a job.

The parties also have the right to conclude an employment contract on remote work without the use of electronic documents in the traditional manner. In this case, the contract indicates the place of actual conclusion of the contract. The applicant submits the original documents presented at the conclusion of the employment contract. In addition, in this case, the employer retains the obligation to issue a certificate of state pension insurance for a remote worker who is getting a job for the first time. The employee also has the right to demand the proper execution of the work book.

Remote work in some cases requires the proper execution of written documents that are sent by mail by registered mail with notice. The employer, even in the case of concluding an employment contract through the exchange of electronic documents, is obliged to send to the remote worker a duly executed copy of this employment contract on paper. To provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with motherhood, a remote worker sends the employer the originals of the necessary documents.

Upon termination of the employment contract, even if familiarization with the dismissal order is provided 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 a duly executed copy of the specified order on paper. In other cases, the use of paper media is not mandatory.

The parties may provide in the employment contract for remote work (as well as when working at home) special conditions for terminating the employment contract, not limited to the relevant list of the Labor Code of the Russian Federation.

Home work In addition to new provisions on remote work, the Labor Code contains rules on the so-called “home work” (Chapter 49 of the Labor Code of the Russian Federation). However, the conditions for its application are quite limited and in fact cannot be applied in a situation where an employee is hired to work remotely at home or in another place remote from the office. The Home Work Rules, which are still in force, govern the situation in which a worker performs duties related to the production of consumer and craft goods from materials and using tools of the employer or purchased at the expense of the worker. Thus, these rules could not be applied to regulate the labor of various categories of workers.

Home work is regulated general rules; however, there are some peculiarities. A homeworker can involve members of his family in the work, but no labor relations arise between them and the “employer” (Article 310 of the Labor Code of the Russian Federation).

In an employment contract for the performance of work at home, the employer and employee agree on which of the parties provides the equipment and materials necessary for work. If the homeworker uses his own materials or equipment, the employer must pay compensation for their wear and tear.

An employment contract for home-based work must contain the procedure for paying the homeworker for the work performed.

When working at home, you must follow the rules of safety and health protection.

The norms of the legislation on home work provide for the need to specifically establish in the contract the grounds for its termination (Article 312 of the Labor Code of the Russian Federation).

Work on a rotational basis

Rotational work is a form of implementation labor process when employees are at a considerable distance from their place of permanent residence and, due to geographical conditions, their daily return to their place of residence cannot be ensured (Chapter 47 of the Labor Code of the Russian Federation). This form of labor is used in cases where work is carried out in sparsely populated areas with difficult natural conditions. Shift workers must return home at least once a month, and in exceptional cases - once every three months (Article 299 of the Labor Code of the Russian Federation).

With this form of labor, working hours, days, rest periods, etc. taken into account in special order, which is called the summarized accounting of working hours (Article 300 of the Labor Code of the Russian Federation). When working on a rotational basis, all the time spent at a remote workplace is taken into account. In any case, the total working time must not exceed the normal number of working hours.

Civil law regulation of labor

An individual in Russia can provide services and perform work both under an employment contract, in which case relations with the employer are regulated by labor law, and under a civil law contract in accordance with civil law.

The concept of a civil law contract is reduced to an agreement under which a company uses the services of an individual without the intention of concluding an employment contract with him. The main difference between a civil law contract and an employment contract is that the employee is not entitled to use the guarantees provided for by labor law (protection against unilateral cancellation of the contract, rules on working outside working hours, payment for sick leave and vacations), and is not subject to the rules of internal labor regulations customer.

Civil law contracts are used when a person is hired for temporary work on a project or occasionally performs extra work, which is usually not performed by employees of the organization. One of the most typical cases is the conclusion of a civil law contract with freelance translators.

When concluding a civil law contract, the parties are guided by the norms of civil law, which provide for the equality of the parties and freedom of contract. However, certain restrictions are imposed by the imperative norms of chapters 37 and 39 of the Civil Code of the Russian Federation. In particular, the parties are obliged to agree on the specific subject of the contract, which must be spelled out in detail in such a contract, indicating its scope and quality. In addition, it is necessary to indicate the date of performance of work (for a contract for the provision of services for a fee) and the date of commencement and completion of work (for a work contract). A prerequisite is to determine the price of the contract and the procedure for paying remuneration.

In most cases, the main reason for concluding a civil law contract is the desire of the parties to avoid the effect of labor law norms. However, in the event that a real labor relationship has developed between the parties, and the employee carries out labor activities in accordance with the labor schedule and on the territory of the employer, the employer bears the risk of the civil law contract being reclassified by the court into an employment contract in accordance with Art. 11 of the Labor Code of the Russian Federation. At present, there is a large arbitrage practice for the application of this article. As a rule, if there is evidence of an employment relationship, the court resolves such cases in favor of the employee.

When reclassifying relations, the courts take into account a set of criteria, among which the following can be distinguished:

1) Systematic renegotiation of civil law contracts or extension of their validity, for example, in the Decree of the Federal Antimonopoly Service of the Moscow District dated August 28, 2008 N KA-A40 / 7019-08 in case N A40-59304 / 07-90-332.

2) Subordination of the employee to the internal labor regulations, for example, in the Decree of the FAS of the Moscow District dated 19.06.2009 N KA-A40 / 5330-09 in case N A40-66166 / 08-76-271 or the Decree of the FAS of the Moscow District of 13.11.2008 N КА-А40/10488-08 in case No. А40-59261/07-14-314.

3) Dates and frequency of payment of remuneration, for example, in the Decree of the Federal Antimonopoly Service of the Moscow District dated June 19, 2009 N KA-A40 / 5330-09 in case N A40-66166 / 08-76-271.

4) The relationship of payment under the contract with the volume and frequency of work performed, for example, in the Decree of the Federal Antimonopoly Service of the Moscow District dated 19.06.2009 N KA-A40 / 5330-09 in case N A40-66166 / 08-76-271.

Thus, despite the fact that civil law contracts are not the basis for the emergence of labor relations, in some cases they are able to regulate the performance of work. individual, which acts as an equal and independent party to the treaty.

Civil law contracts may be concluded, among other things, with individual entrepreneurs. If such an entrepreneur provides services in accordance with his type of activity, the risk of re-qualifying the contract as an employment contract is significantly reduced.