Remote worker. What is remote work: why did I drop everything and switch to remote work? Don't Forget Vacation

Hello friends! Today we’ll talk about the main topic of my blog and find out with simple examples what remote work is, whether it’s real or a scam. Why work from home is becoming more and more popular and now is the time to explore new activities that allow you to earn money via the Internet.

Remote work is a way of employment in which a person (performer) performs tasks remotely, contacting the employer via the Internet.

That is, any work that can be done at a distance, it is not necessary to be in the office for this, can be called remote.

I would also like to highlight a separate format remote work- . Freelance - when you work remotely, but you do not have a permanent employer and you are always looking for orders.

Let's explain with examples what the principle of such activity is and who will pay you for what.

What should be done and who will pay?

Remember, in I talked about the circulation of money, and where they come from. Now everyone who sells various goods or services does it using the Internet. Because people spend a lot of time here, communicating, looking through the necessary information, looking for answers to their questions, and so on.

To do this, we use different sites, services, programs and applications. Have you ever thought about who creates them? Behind all this are millions of people, some of whom work remotely.

Take, for example, my blog, where you are currently reading this article. On the initial stage to make it come into being, I paid people to make it. And I have never seen these people, our communication was only in text correspondence.

The first person is the designer. He drew the design of the blog - what you now see on the screen of your device. The designer spent a total of about 2 weeks on this work, and I paid him 25,000 rubles.

The second person is a layout designer. He assembled a functioning site from the picture that the designer made, using the program code. I paid him 18,000 rubles for 3 days of work.

All of them perform simple, understandable tasks for which they receive money.

There are dozens of different ones, the knowledge and skills of which can be applied to remote work.

Who can work remotely?

I used to think that only programmers could make money this way. But when I began to look for what to do, I realized that there is a lot of work here, for every taste and color. Though for the student, though for the pensioner. For a long time in such a huge variety could not choose a direction.

From a complete zero without experience, I mastered several professions and reached a stable monthly income that exceeded my offline salary. It took me six months.

Of course, it will be more difficult for older people who do not have basic computer skills. But I think you understand that neither age, nor gender, nor social status, geographic location or anything else does not affect whether you can or not.

I can give dozens of examples of guys who had a situation many times worse than you have now.

In addition, many do not need to change their specialty and learn something new. Most conventional professions are suitable for remote work, such as an accountant, sales manager, marketer, journalist, and so on.

What are the prospects?

In comparison with ordinary work, a lot can be revealed. But today I want to tell you about the prospects that I saw in my time.

For the first time, I encountered remote work somewhere in 2011, but then I didn’t realize at all that it was possible to earn a stable income from this. I went to college and did an internship with a private entrepreneur. Engaged in the installation of video surveillance and security systems.

He had his own company for the sale and installation of security equipment, which, like everyone else, needed customers. Realizing that you can get clients from the social network VKontakte, he offered me for 1,000 rubles a month (at that time it was good money for a student) to invite people to his group.

This group (https://vk.com/club16076182) still exists.

So for about five months I invited participants in the evenings in my free time. A task that any student can handle.

It’s a pity that I didn’t realize then that there could be a lot of such work. The more unique the services that you can provide (make websites, write texts, design, manage projects, lead a team, and so on), the more you can earn.

Technologies are developing, many companies no longer have offices, their employees work remotely and are located all over the world. It is not profitable to maintain workspaces, knowing that it is possible to hire a person who will do the same from home.

When traveling, I often meet Russian-speaking guys from Russia, Ukraine, Kazakhstan, who work via the Internet for Russian and foreign companies.

If you know English, then the world of remote work is even wider for you. It is more profitable to receive a salary not in rubles, but in dollars or euros.

Technology replaces people in production and therefore there is a reduction. Some professions are beginning to die out, because they are no longer relevant in the 21st century.

At the end of 2014, I realized this. I realized that I need to develop, learn new skills, keep up with the times, so that I don’t twist wires for 20,000 rubles all my life and don’t walk up to my ears in the dust, working as an electrician.

Where to begin?

It's great that thanks to the Internet we get unlimited access to knowledge from all over the world. To master the skills that will bring 40,000 - 50,000 thousand rubles a month, you do not need to study for 5 years at the university and spend hundreds of thousands of rubles on education.

According to statistics, the guys who start learning on ours, on average, make the transition in 3 to 6 months with maximum return.


The most difficult thing is to decide on the direction you want to pursue. Very often it happens that a person rushes back and forth and from this marks time, starting anew each time.

It is difficult to give some unique advice on choosing a profession, since everyone has a different level of development and range of interests, you need individual approach. The easiest way is to go to, take tasks to find out what works and what is generally difficult and incomprehensible for you.

For beginners, everything will seem complicated. As it once seemed difficult for me to make a website, a banner in Photoshop or write an article. Now, having certain knowledge, it will not be difficult to do this.

Also, dozens of new vacancies are published daily on the exchanges. Jobs, like tasks, can be found with different employment, complexity and payment method. In the first project I worked on, I had a free schedule and piecework pay. At a distance, the employer is primarily interested in the result.

Conclusion

I hope now you understand correctly what it means to work remotely and what are the prospects here. Learn, learn to learn, learn new knowledge and skills, switch to remote work and travel. With the Internet, you can do this without investment.

If you need help and support, then come to our express course “Start in remote work and freelancing”.

In the comments to this article, you can ask your questions and leave feedback about your experience of remote work. I will be happy to answer them and share my advice.

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 unit for these purposes.

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

Below we will describe in more detail the innovations about teleworking 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 stationary workplace not organized. The regulation of the work of remote workers has some peculiarities. Enhanced qualified electronic signatures are used in the interaction between a remote worker or candidate for remote work and an employer when exchanging electronic documents. 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 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 mail 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 the 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 in work book are not paid, and a 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 using electronic documents in the traditional way. 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, which are sent by registered mail with notification. 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 originals to the employer required 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 work at home, the employer and employee agree on which party provides the equipment and materials needed 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 as under an employment contract, in which case relations with the employer are regulated by the rules 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 holidays), 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 rules 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 the determination of 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 truly labor relationship has developed between the parties, and the employee performs labor activity in accordance with the labor regulations and on the territory of the employer, the employer bears the risk of re-qualification by the court of a civil law contract 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 06/19/2009 N KA-A40 / 5330-09 in case N A40-66166 / 08-76-271 or the Decree of the FAS of the Moscow District dated 11/13/2008 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 06/19/2009 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 by an individual who acts as an equal and independent party to the contract.

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 retraining the contract into an employment contract is significantly reduced.

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Many managers have probably had to deal with the fact that their employee wants to “work from home”. How did you react to this? Most likely, you imagined how fun an employee is having a good time, not thinking about work at all.

Modern technologies allow the employer not to worry about the fact that their subordinate "shirks" from performing his duties. The emergence of smartphones and free Wi-Fi zones allow you to keep this issue under control. Therefore, it will be better if you take care of maintaining the integrity of the company.

From this article you will learn:

  1. 5 search options remote employees
  2. Step-by-step instruction correct set employees
  3. 6 Best Remote Employee Management Tools

Who are remote workers

remote employee

This is a specialist hired to perform certain duties. Moreover, it can be staff members, with whom the company has entered into an employment contract, and freelancers, that is, private specialists who are involved in the performance of any specific work (for example, the development of a specific project).

In fact, the concepts of a remote employee and a freelancer are significantly different from each other and should not be confused.

According to forecasts, up to 20% of Russian citizens by 2020 will acquire the status of "remote worker at home". Even today, some companies practice this form of work.

Pros and cons of an employee working remotely

Not so long ago, a survey was conducted in which 500 remote employees took part. The researchers were faced with the task of comparing the level of satisfaction of remote and office employees.

The experts were very surprised by the results. Remote employees have highlighted jobs in their system whole line advantages:

  1. About 91% of respondents believe that they work more productively at home.
  2. People like to work more seven days a week but be less busy during the day (fewer hours). They feel happier than people who work in a non-standard mode (for example, at night, from Saturday to Wednesday, etc.).
  3. Assessing their level of job satisfaction (on a scale of 1 to 10), the average remote worker score was 8.1, and office workers- 7.4 points.
  4. In terms of whether they are valued by management and peers, the remote worker score was 7.9 and the office worker 6.7.

Criticism from management and analysis of the performance of remote employees is perceived much easier than when working in the office (as a rule, this process is quite painful and fraught with certain problems).

However, remote work also has disadvantages, which are often not given due attention either by management or by the employees themselves.

Below are the results of the study, the purpose of which was to identify the negative impact of remote work on corporate culture:

  1. So, 27% of remote employees could not fully work due to the lack of support from colleagues (correspondence and chat will not replace simple human communication).
  2. Assessing the relationship with other employees, the remote employee gave 7.9 points, and the office employee - 8.5 points (on a scale of 10).
  3. Employees who remote system work was "imposed", felt more unhappy than those who did it voluntarily. This fact once again testifies to the social nature of a person, confirming the need for habitual interaction with colleagues and other people.

According to the results of the survey, it can be concluded that the use of a remote work system is moving to new stage development. Now a remote employee can do much more in less time than an employee who is in the office can do in the same time.

Of course, management will have to make a choice between a slight decrease in productivity and a deterioration in corporate culture, which is a consequence of the fact that employees do not know each other and are deprived of the opportunity to discuss their ideas, consult.

3 common misconceptions about hiring remote workers

Remote workers put company data at risk

Some believe that information leakage is inevitable if it is transmitted through third-party servers. However, the risk of leakage can be minimized by using the services of a highly qualified IT specialist.

In the arsenal of professional IT teams there are quite a few methods that have received worldwide recognition. Such remote employees can protect the computer of any manager from unauthorized intrusion, as the use of cloud technologies makes it possible to work with special programs. In addition, information will be more secure if you use a VPN and two-factor authentication.

Naturally, if an employee wants to steal data, he will do it regardless of where he works: at home or in the office. So, the office mode of operation does not guarantee 100% safety, everything here depends on human qualities.

Remote work raises costs

There is a common belief among employers that a remote worker is expensive because they need to use additional technology. But this is usually not true. Of course, sometimes management has to spend some money on the purchase and delivery of equipment. But these costs are justified.

This is quite understandable. First of all, the employer is exempt from rent (office and furniture), from providing additional benefits (coffee, tea, copiers, etc.). In addition, there are countries where the reduction in the company's carbon gas is reflected in taxes, and remote employees do not need to use transport every day to get to the workplace.


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Remote work kills company culture

A remote employee cannot fully experience the corporate spirit - it's true. However, the success of the company directly depends on the attitude of management towards their subordinates, and not on how often they can “chat” with each other. Therefore, only properly organized communication contributes to the preservation of corporate culture.

The manager's task is to show that the company really needs the employee and means a lot to it (especially if he works remotely). So, it is not at all necessary to regularly personally communicate with subordinates in order for the employees to be positive and the company to have a friendly atmosphere.

Who is most likely to seek remote work?

A remote worker typically falls into one of the following categories:

Women on maternity leave

Young mothers who want to earn extra money. They can live in any city, and not necessarily in Russia. They are most suited to work with a free time schedule, to which they can devote about five hours a day.

This regime allows them to combine child care, family life and earnings. Such women can be involved in both administrative and collective activities. The main thing is that the duties performed do not require adherence to a clear schedule (for example, communicating with customers by phone, accepting applications, etc.).

Main criteria: women under 38 living in the regions.

Preferred vacancies: social network administrator, operator of incoming/outgoing calls.

Likely risks: lack of work experience, non-compliance with the terms of the assignment.

People restricted by the labor market

We are talking about people who cannot find offline work due to the fact that they live in small towns or are disabled. Often the possibility of employment of such people is practically equal to zero. Of course, life does not stop there, so they have to look for a way out of this situation, and remote work is very difficult. good decision Problems.

These can be specialists of completely different orientations and qualifications, who will suit any work schedule, since often this the only way earn and survive. For the employer, such a remote employee can be a real "find". Often they have to retrain, as their previous work experience may not match that required for online.

Main criteria: men and women of any age, without restrictions on the place of residence.

Preferred Jobs: any work. The main thing to pay attention to is the desire to work and the potential of the applicant, since these people are characterized by high self-organization and a sense of responsibility.

Likely risks: low professional skills.

freelance artists

This category includes people who need to be free in a given period of time, or they like to travel. They feel comfortable when they can do work with a cup of coffee in their hands, sitting in a cozy cafe.

Such a remote employee is able to combine personal life and the process of "earning" for its worthy provision. For some time we observed such people and came to the conclusion that they, as a rule, master such a field of activity where “direct” communication with people is not required.

Main criteria: men and women of any age, without restrictions on the place of residence, with creative thinking.

Preferred vacancies: marketers, content managers, technologists or executive assistants.

Likely risks: low level of self-organization, violation of deadlines for delivery of work, decrease in labor efficiency.

Experts

These are highly qualified specialists, true masters of their craft. Such employees use every opportunity for self-improvement and self-development. Of course, they can work equally effectively both at home and in the office, because the only thing they are interested in is their work. They guarantee a quality result, because they have high professional skills.

Main criteria: most often, men who are responsible for work and have a high level of self-organization. Guaranteed high quality work.

Preferred vacancies: programmers, intellectuals, technicians, managers who manage remote employees, specialists with a narrow focus.

Likely risks: professional risks No, but they need to ensure high wages.

Search for remote employees: 5 options

Labor exchange

Various sites with job offers. It is obligatory to specify in the announcement: work at home or the remote employee is required. On some resources and sites aimed at employment, there are separate sections that are marked as “remote work”. For example, "From hand to hand", HH.ru, Rabota.ru and some others.

Social network

A fairly effective way if you need employees to work remotely. You will be required to develop a banner with a message about the vacancy. Then you launch targeted ads in popular in social networks(Facebook, VK and OK). Also, you can place paid and free job advertisements in the thematic community.

In addition, you can visit the communities where job seekers post their resumes and get acquainted with the materials of users leading groups whose topics are similar to your field of activity.

Territory of job posting

It is very important to observe the geographical aspect of the search. For example, companies located in Moscow, when recruiting remote employees for regular positions, should pay attention to the regions. But if you need a specialist high category, then, of course, focus on large cities, because you are primarily interested in the professionalism of the applicant.

If you need an IT specialist, then it is better to use Ukrainian sites, practice shows that a large number of very smart programmers are concentrated there.

If you need remote employees to work in a call center or other specialists whose duties will include communicating with customers by phone, then, of course, only Russian resources should be used here. It makes no sense to look for literate and pure Russian speech in any other country or in the Russian outback (dialects, peculiarities of dialect and pronunciation may not have a good effect on work efficiency).

Specialized Resources

There are many portals and resources that facilitate the search for highly qualified specialists, experts in their field. Finding them is easy if you enter the appropriate query into the search engine. Among them are such as Zarplata.ru, VC.ru and many others.

Freelance exchanges

Today, labor exchanges are becoming more and more popular, thanks to which it is possible to recruit employees for remote work. Of course, specialists working “from order to order”, in other words, freelancers, are most often registered there, but it is also worth a look there.

When writing a job posting, note that you are counting on long-term cooperation, and not on short-term work. In addition, we advise you to mention that you do not welcome part-time work in other companies.

Popular freelance exchanges are recognized such sites as freelance.ru, work-zilla.com, FL.ru and some others.

The Right Recruitment of Remote Employees: A Step-by-Step Guide

Step 0. We decide for ourselves: why we hire remote employees

Before you start looking for your remote worker, you should answer the following questions:

  1. What is the purpose of hiring an employee? What responsibilities will the remote worker perform? What kind production tasks will decide?
  2. What qualities should an employee have? so that he successfully solves the tasks assigned to him? What should be the education, qualifications, work experience?
  3. What salary are you willing to pay? Set the minimum and maximum earnings (the amount should not be announced in the ad or at the interview, you must determine the allowable limits, first of all, for yourself).

Step 1. Compose a job description

If a job is opened by a popular company like Google, then the need for a detailed introduction disappears by itself. Job seekers understand that a decent company will offer a decent job. But if you are not yet one, then people will only know about you what you tell them in the vacancy.

The text should be positive, honest and informal in order to evoke appropriate emotions in the reader. For example, you run a company whose team consists of young people, and the relationship between team members is more like friendship than business. So dry formal business style text for your ad just doesn't fit.

Present the vacancy as you would invite a good friend to become a member of your team. Do not forget to finish with the words: "We are waiting for your resume at the address ...".

Also, remember to be honest. Agree, you will have a "pale look" if the employee is disappointed, not having received what was promised and convicting you of deceit.

Step 2. We study the received resumes

Some are sure that a resume cannot be of any value to an employer. We want to challenge this misconception. We believe that a resume is the first thing a candidate should submit for vacant position. First of all, you will have the opportunity to get acquainted with some facts of the applicant's work biography: education, seniority and experience, previous place of work, etc.

At first glance, the presence of the "Hobby" section is not at all necessary. But we do not agree with this, because the interests of a person, what he does in his free time, can characterize him much better than any labor characteristics. Because this is what is really interesting for a person, since he does it “for his own pleasure”. It is this section that can reveal the true motivation of a future employee.

In addition, you should pay special attention to how the resume is designed. For example, what would you think if a future remote worker sends you a document with a completely different addressee? Most likely, you will decide that he is not attentive enough or absent-minded.

Or maybe he is simply not interested in your offer, and he sent the document "on the machine"? After all, for some reason he did not correct the name of the addressee company. Are you interested in this candidate? Hardly. So, it will be quite logical if you just thank the person for the information provided and participation.

So, the resume should be requested, but you should not believe everything that is written in it. Quite often it does not correspond to reality: someone can talk very beautifully about himself and be “no” specialist, and someone, on the contrary, is an extra-class professional, but he could not compose a resume correctly.

Step 3. We conduct a survey, narrowing the circle of candidates

If you are interested in someone's resume, invite candidates to answer the questionnaire. You can use Google Drive to create a form. It should not be too voluminous (10 questions are enough), information content is first of all.

The questionnaire should contain situational questions in order to have an idea of ​​some of the candidate's professional skills before the interview. For example, “What would you do in such a work situation?”.

In addition, ask what salary the applicant expects. We are sure that a person should receive as much as he wants for work. Therefore, if he voices a figure that exceeds the one that you are ready to offer, then further conversation does not make sense.

Even if you find a compromise, one of the parties will be unhappy: either the employee, receiving an unsatisfactory salary, or the employer, "does not fit" into his budget. The outcome of such relationships, as a rule, is predetermined from the outset.

Ask what working hours (Moscow time) the remote employee prefers and see how many working hours you have the same (preferably at least a four-hour coincidence of the schedule).

As a result of the survey, you should have 3-5 people who you consider the most promising candidates. Do not forget to thank everyone who took part in the survey, and with the rest, we move on to the next stage - the interview.

Step 4. We conduct an interview

Given that you need a remote employee, we are not talking about a face-to-face meeting. The interview can be conducted, for example, via Skype.

Before the start of the interview, you should have a list of questions ready to be asked to absolutely all applicants (this will make it possible to objectively evaluate the candidates). You can offer situational questions and ask about the person's past achievements (education, previous jobs, etc.).

It is advisable that during the interview you conduct a small test to determine the key professional skills and skills.

Suppose you need a remote employee − programmer. Ask him to solve an appropriate problem, for example, let him share a Google document. You watch his work right there, being on the air.

If you need support worker, then his main qualities should be accuracy, literacy and attentiveness. So, as a test, you can offer a text in which mistakes are made, and see what and how quickly he sees and corrects.

Candidate for marketers offer a theory case. For example, a company is engaged in the production of slippers that it plans to sell to hotels. What is the best way to approach this task?

remote employee analyst will be engaged in the processing of information, which means that the applicant can be provided with some (fictitious) statistical data and asked to analyze according to some parameters (for example, set the time spent on the site, the most popular pages, etc.).

It's hard to tell how honest sales agent, salesman approached writing a resume, if not to ask him to "call a potential client now and try to sell your products."

During the interview, you should take into account:

  • Candidate is anxious. The stressful situation will negatively affect the quality of the tasks being solved.
  • You must identify core professional skills Therefore, testing should include tasks inherent in a particular specialty.
  • Don't neglect feedback. After completing the task, it is necessary to evaluate the work done (mark the positive points and mention what did not go completely smoothly).
  • Take the opportunity to test in a relaxed environment. Offer to work from home. For example, "Solve this problem and send the result by 11:00 tomorrow." Important: set specific deadlines (you will find out how punctual a person is).

Moments that can ease the "pangs of choice":

  • Record your impressions immediately after the interview. If you're dealing with multiple applicants in succession, it's easy to get confused.
  • Trust your intuition. If one of the applicants is in doubt, stop dating. Practice shows that such premonitions are justified.
  • Do you need one remote employee, and you have two worthy applicants? Conduct additional testing, verification. People can be told that you need time to make a final choice between two candidates.

Large companies practice paid probation, after which the most suitable employee is selected. During the internship Feedback should be done at least once every two days. Ask what your colleagues think about the intern.

  • When hiring an employee, pay more attention to his attitude to work. Professional skills are acquired, but the attitude is almost impossible to change.

How to register a remote employee

Registration of a remote employee is carried out after the provision of certain documents provided for article 65 Labor Code :

  • Identification document (passport).
  • Employment book (except for cases of first employment or part-time employment).
  • Certificate of state pension insurance.
  • A military ID or a document on military registration (required for those liable for military service and people of military age).
  • Diploma or other document on education, indicating the presence of certain professional knowledge (if the job requires special knowledge).

To employ a remote employee, the employer must:

  1. Accept the documents listed above from the employee.
  2. Provide for review the regulations that the employee must know in order to perform duties.
  3. Conclude an employment contract for a remote employee.
  4. Issue an order to hire a new employee.
  5. Fill out the T-2 form (personal card).
  6. Make an entry in the work book (except in cases of mutual agreement that an entry on remote work will not be made).

A remote employee must be included in the company's staff and have the same rights as other employees. The laws of the Russian Federation do not provide for any “special provision” or exceptions.

However, remote work provides one, fundamentally new form interactions: exchange of documents in electronic form.

Both the employer and the subordinate must provide confirmation that an electronic document sent by the other party has been received. The terms for sending the confirmation must be stipulated in the employment contract.

In order for such a document flow to be possible, it is necessary to obtain an electronic signature. An electronic document can be considered information confirmed electronic signature, since it is equivalent to the signature and seal that are put on paper copies.

Electronic document management opens up the following opportunities for the employer:

  1. Conclusion of an employment contract (if this applies to remote work).
  2. Obtaining a signature on regulations sent to a remote employee for review. According to Article 68 of the Labor Code, the internal regulations, the collective agreement, the regulation on payroll and some other local regulations are sent, according to which remote employees will be monitored.
  3. Drafting additional agreement on the basis of which amendments to the employment contract may be made.
  4. Familiarization of the employee with the orders and orders of the head, with other documents, after reading which the subordinate must put his signature.

Electronic document management allows an employee to send various documents (applications, explanations, etc.) to his employer.

The employment contract must indicate the place of its conclusion. As a rule, this is the address where the employer is located.

The contract must specify the place where the remote employee will work.

AT Article 312.1 of the Labor Code it says that it is allowed to indicate his address of residence as the workplace of a remote employee.

An employment contract for remote work may include additional conditions. For example, about the use in their work of certain data protection tools, programs, equipment and other tools that the employer considers necessary. Moreover, equipment and facilities can be provided by the company's management, or they can simply be recommended.

On the territory of Russia in relation to individuals working remotely, there is a generally established taxation system (personal income tax).

Thus, working on the Internet as a remote employee is equivalent to working in any other company.

Employees who work remotely are entitled to all compensation and guarantees provided for by the Labor Code of the Russian Federation if they work on the basis of a concluded employment contract (that is, they are officially employed). These include:

  • Paid holiday duration of 28 calendar days (at least), which must be provided annually.
  • Additional and educational leave.
  • Payments of benefits for temporary disability (sick leave due to illness, childbirth, etc.).

How to organize remote access for employees

Make sure you have internet access

If your company works remotely, then the Internet is your space. All work processes are connected with it: informing, data exchange, communication, accounting, control.

For us, cloud CRM has become a real find. This virtual environment is available anywhere in the world. In order to enter it, it is not at all necessary to have a server or wires, it is enough to have some device that supports the Internet.

There is Internet access, the appropriate speed - you can get to work.

Use cloud programs

To work effectively, you will need to manage the business process: set tasks, take into account time and control the performance of work, take care of the safety of information.

In fact, a lot of cloud programs have been developed. The main thing is not to get confused and choose the one that best suits your needs. In this case, you can be guided by the following principles: simplicity, speed and accessibility.

In addition, pay attention to the presence of "reminders" (sometimes this is simply necessary). Often schedulers are equipped with many options that are absolutely useless, so the functionality should be as simple as possible.

A plan has been drawn up, tasks have been set - proceed to their implementation.

Use IP Telephony

Main part successful sales carried out with the help telephone communication(33 - 92%). If you lose it, you risk losing customers. Familiar telephone sets imply a constant presence in the office, which means that a remote employee is not your option. Using mobile phones for regular calls is expensive. Moreover, once outside the coverage area of ​​the network, you can miss the call.

Virtual telephony is the ideal solution to the problem:

  1. The cloud is involved, so it does not matter where exactly the employee is located.
  2. A single number that can be used anywhere in the world.
  3. Provider support may be needed at any time, and you will receive it (technical assistance, answers to questions, a hint for action).
  4. The exchange of electronic documents can be carried out without personal communication, simply by sending the original documents.

The checklist required by the manager for the effective use of PBX:

  • Listen to calls(you must know how an employee works, for example, an online store remotely).
  • Keep track of missed calls(you will understand why not all customers can get through).
  • Connect with CRM.
  • Set up forwarding(your subordinates will be in touch around the clock).
  • Follow the statistics(you will see the "big picture" of the company's work).

Set KPIs

Suppose you hired two employees, for example, Fedya and Kolya, to perform identical tasks. They work according to the generally accepted schedule (eight hours a day from Monday to Friday). And one day you notice that Fedya "works hard" for all eight hours, and Kolya always has a couple of hours left, which he spends "on himself, his beloved."

Naturally, you come to the conclusion that you no longer need Kolya's "services" and say goodbye to him. However, later it turns out: Kolya coped with the task in six hours, and the rest of the time he was engaged in self-education, and Vasya is not able to fulfill the daily norm even in eight hours. It turns out that your decision was hasty.

For any leader, the result is more important than the amount of time spent to achieve it. Therefore, if you are switching to remote work mode, it is advisable to install key indicators efficiency (KPI). Moreover, the assessment system should be understood not only by you, but also by the remote employee.

The principle of operation is as follows:

  1. An employee enters his monthly and quarterly plan into a Google Docs spreadsheet.
  2. At the end of the reporting period, the results are summed up (the employee notes completed and outstanding tasks).
  3. The manager, looking through the data, sees how things are going for each employee.
  4. A remote employee knows what to focus on and what the management's expectations are.

In addition, you will be able to know about the tasks completed for a specific period if you regularly conduct operative reports and get acquainted with the reports of subordinates. This approach to the organization of accounting and control will avoid the risk of dismissal of a really valuable employee.

Work on team development

It may happen that remote employees have different qualification level- this is not very convenient, so it is worth training them. Keep track of thematic online courses and educational programs, especially since there are currently enough of them - this is copywriting, and SEO, and marketing, and much more.

You can learn:

  • Online university "Netology". Specialization: internet marketing various levels(from beginner to expert).
  • Lecture hall "Theory and Practice". Specialization: business, art, design.
  • Interactive courses "HTML Academy". Specialization: HTML and CSS.
  • Online catalog "Coursera" offers the most numerous list of training courses (and not only Russian, but also other countries).
  • Academic educational project"Lectorium".

Don't forget that communication involves two-way contact: you and the remote employee must be in regular contact. This will help you to verify the effectiveness of the chosen system and suggest ways to improve the company.

Ask, conduct online meetings and surveys. All in your hands!

Remote Employee Management: 6 Best Tools

  • Basecamp

Basecamp is a service that provides a platform for organizing and discussing joint work. Here, a remote employee can find not only like-minded people and support, but also tools to help organize work: file sharing, tasks, time control.

Free use is not provided. The cost of one month of use is $29.

  • PivotalTracker

PivotalTracker is a project management service. It is designed to plan and control the work of remote employees, tracking the effectiveness of each of them. Using PivotalTracker allows you to follow the development of the project at each stage.

The service offers analytics and visualization tools, which helps to quickly identify and evaluate problem areas, set the most successful moments and stages that are ahead of schedule.

The service can be used by a team of three people for free. In other cases, you will have to pay from 12.5 dollars.

  • Kanbanery

Kanbanery is a service used by team members. It is a "task board" that can be used for any type of work that requires close collaboration between employees. Using this service, you can identify problems and errors, generate reports, search for information about any stage or section of the project.

The trial period - 30 days - is provided free of charge.

  • Jell

The trial period - 14 days - is provided free of charge. Monthly tariff - from 4 dollars.

  • Proofhub

Proofhub is a service suitable for both remote employees and freelancers. It has a rather advanced functionality and it is possible to carry out managerial functions (task management, performance monitoring, time tracking). Proofhub allows you to integrate other programs. Also have mobile app, thanks to which the remote employee can always be in touch.

The trial period - 30 days - is provided free of charge. The most profitable is the individual tariff, which allows you to simultaneously manage 10 projects with a different number of participants. The monthly cost of using the service is $18.

  • Jira

Jira is a tool that includes many different features that allow you to effectively manage projects. It is suitable for teams with a different number of remote workers (from a few people to 50,000 employees). With Jira, you can create a plan that suits every team member.

Among the variety of tools, there is an accurate assessment function, thanks to which a remote employee can work “in time” with the rest of the team. Using the reporting system, you can control the project at any stage of work.

There is no free period. The monthly cost of using the service is $10.

How to control remote employees

Regardless of the field of activity and the complexity of the tasks, each remote employee must follow the structure of the process, and you must control this. Only with a well-established management system can you know how your subordinate solves the tasks assigned to him, how effective his work is, how the work on the project is progressing, etc.

If each employee has a clearly formulated task (with a description and a deadline), then it will be quite difficult to do something wrong. You can create a visual work plan and streamline the sequence of tasks using the scheduler or CRM system.

But it is important not to go too far with the degree of control. Keep in mind that a remote employee consciously chooses this form of work, he wants to feel more or less free in his actions. Such employees are ready to provide the company with their abilities, offer original solutions, so excessive control can cause them negative emotions, dissatisfaction and push them to quit.

In many ways, it is the nature of the tasks to be solved that determines the level of control. Sometimes you can just check the progress of the process and request statistics. It’s easier if the employee works “for the result”: use the deadline and check compliance with the established criteria. That's all control.

Naturally, many managers are afraid that a remote employee is shirking work, having a lot of rest, and so on. But competent employees plan their work in such a way as to spend less time on it. So don't get hung up on HOW MANY people work. The main thing is HOW he does it (does he meet the deadlines, does the quality match, etc.).

Dismissing a Remote Employee

The dismissal of a remote employee is regulated by chapter 49.1 of the Labor Code of the Russian Federation. The dismissal procedure is similar to that which an employee goes through during normal work: first of all, a remote employee must write a corresponding application in any form.

The structure of the application is standard:

  • In the upper right corner, the employee writes to whom the document is intended (name of the company and full name of the head) and indicates his data (full name and position).
  • Centered "Statement".
  • The text must include the reason for dismissal ( own wish or mutual agreement of the parties).
  • Date and signature below.

In order to avoid controversial issues, the application is certified by a notary, a color scan is made and sent to the employer.

A remote employee must inform the manager of his intentions no later than 2-3 days before submitting the application and work for two weeks from the date of its submission (if necessary, and the employee leaves without good reason).

In addition, the manager has the right to send the employee's work book by mail only if he has an application indicating the delivery address.

It happens that the employer is the initiator of the termination of the employment contract (this option should be provided for by the terms of the contract). Article 312.5 of the Labor Code states that such a dismissal will be legal if the employment contract is signed by both parties. This fact is taken into account in the case of resolving disputes in court.

According to Article 57 of the Labor Code of the Russian Federation, a remote worker should not be infringed on his rights: he has the right to protection from arbitrary dismissal and payment of compensation. The dismissed "remote worker" is supposed to severance pay in the amount of a monthly salary (this will reduce the risks of litigation and maintain a loyal attitude towards the company).


- Article 312.1 of the Labor Code

The Labor Code contains the term "remote work". it 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 the same for a remote employee as for an office employee. 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. The first is a workbook. 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. 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.

An employment contract for a remote employee is not much different from a regular one. 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 required condition contracts. 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 per 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, "An employee's manager sends work assignments and the necessary information to complete them to email 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 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, a financial director and a cleaner. 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.

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

Remote and home work: differences, similarities, legal requirements

Everything today more workers"go online" and start working remotely via the Internet. Web-designers, copywriters, managers, programmers, consultants and representatives of many other professions now have the opportunity to work from home and from anywhere in the world.

For employers, the registration of such employees “on a distance” has a number of significant advantages. For example, there is no need to rent an office in order to keep the staff, buy office furniture, office equipment, pay utilities and pay taxes. Today, representatives of many professions can simply work remotely, but at the same time officially be on the staff of the company.

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

Characteristic/

remote work

home work

Concept definition

Teleworkers are individuals who have entered into a contract with an employer labor contract about remote work. Remote work is the performance by an employee of a function defined by an employment contract outside the location of the employer, its branch, representative office, or other separate structural unit, outside a stationary workplace, territory or object directly or indirectly under the control of the employer, provided that information and telecommunication networks, including the Internet, are used to perform this labor function and interact between the employee and the employer, including the Internet (Article 312.1 of the Labor Code RF).

Home workers are persons who have entered into an employment contract for the performance of work at home. The work is performed from materials and using tools and mechanisms that the employer will allocate to the employee or that the employee will buy on his own at his own expense. (Article 310 of the Labor Code of the Russian Federation).

Activity

Remote workers, as a rule, are engaged in creative work or intellectual activity. Designers, journalists, copywriters, programmers, accountants, etc. can work remotely.

Home workers are engaged in the production of certain products at home, that is, handmade. For example, seamstresses, packers, pen assemblers, etc. can work at home.

Working mode

If the employment contract on remote work does not specify the specific time of work of the remote worker of the company, then he has the right to set the time and mode of work on his own. (Article 312.4 of the Labor Code of the Russian Federation). At the same time, the employer has the right to keep records of the time worked by a remote worker, and a time sheet can be kept based on the remote worker's report.

Home workers are not subject to the regime of work and rest established by the organization, and they have the right to perform their labor functions at any time convenient for them. That is, home-based workers set their own working hours. This is possible because wage depends on the volume of work performed, delivery on time finished products rather than the amount of time worked.

Place of work

Remote work is carried out outside the location of the employer, branch, department, representative office, separate subdivision, outside a fixed workplace, territory or facility that is under the control of the employer. That is, a remote worker can work from anywhere in the world, at home or on the street - it does not matter. The only condition for the implementation of remote work is the availability of the Internet.

Home work, as the name implies, is carried out at home.

Assessment of workplaces

The employer is not obliged to certify the workplaces of his remote employees. (Article 312.3 of the Labor Code of the Russian Federation)

The employer is obliged to certify jobs home work nicknames, because homeworkers are subject to labor legislation and other acts containing labor law norms. (Articles 310 and 212 of the Labor Code of the Russian Federation)

Providing workers with means of labor

A remote worker, as a rule, independently provides himself with the necessary office equipment at his workplace. At the same time, the employment contract with a remote worker should reflect such aspects as: the procedure and terms for ensuring necessary equipment, software, information security tools (if an employee needs them to perform work). If necessary, labor tools and other equipment can be transferred by the employer to his remote worker on a rental basis.

Work is performed at home from materials using tools, mechanisms that were allocated by the employer or purchased by the homeworker at his own expense. Members of his family may participate in the work assigned to the homeworker. In this case, labor relations between the employer and family members of the home-based worker do not arise. An employment contract with a homeworker determines the provision of raw materials necessary for the implementation of work, materials, semi-finished products, as well as payment for manufactured products, reimbursement of funds spent by the homeworker on materials, as well as the procedure and terms for the export of finished products.

Equipment depreciation compensation

The amount, procedure and terms for payment of compensation for the use by remote workers of equipment belonging to them or rented, software and hardware, means of protecting information is determined by the employment contract on remote work. (Article 312.3 of the Labor Code of the Russian Federation)

In the event that a home-based employee of an organization uses his own mechanisms, devices, equipment and tools for work, the employer is obliged to pay him compensation for their wear and tear. (Article 310 of the Labor Code of the Russian Federation). An employment contract with a home-based worker must stipulate the procedure and terms for paying compensation, reimbursement of other expenses associated with the performance of work at home.

Labor protection of workers

In relation to its teleworkers, the employer is obliged to conduct an investigation and record of accidents at work and occupational diseases; comply with the instructions government agencies those exercising supervision in the sphere of labor; carry out compulsory social insurance of employees against accidents at work and occupational diseases; familiarize employees with labor protection requirements. (Article 312.3 of the Labor Code of the Russian Federation). Other obligations to ensure safe working conditions and labor protection apply to the employer only if they are prescribed in the employment contract for remote work.

The employer is obliged to provide working conditions and labor protection to the employee doing work at home in full and in the same way as to any other employee of the organization. This requirement provided for in Article 212 of the Labor Code of the Russian Federation "Obligations of the employer to ensure safe conditions and labor protection." It is also necessary to remember that the work assigned to home-based employees of the company cannot be contraindicated for them for health reasons, and all types of home-based work must be performed only in conditions that meet the requirements of labor protection (Article 311 of the Labor Code of the Russian Federation).

Document flow

Both paper and electronic document management can be carried out between the employer and the remote worker. In cases where, when hiring, a remote worker must be in writing familiarized with the local regulations of the company, orders of the employer, orders, notifications, requirements against signature, then the remote worker has the right to get acquainted with them by electronic document management, as well as use your enhanced qualified electronic signature to sign the necessary documents. To get a job, a remote worker can send documents to the employer either in person or by e-mail. That is, an employment contract with a remote worker can be concluded via the Internet, and the employer must send a certified copy of it to his employee by registered mail with notification within three days (Article 312.2 of the Labor Code of the Russian Federation). All documents necessary for the employer to draw up an employment contract with a remote worker can be sent to him by registered mail with notification.

The employee delivers all the documents necessary for the employment of a home-based worker to the employer in person and in printed form. In the office of the organization, the home worker must familiarize himself with documents, regulations, official duties, collective agreement. An employment contract with a homeworker is concluded only in writing, and the nature of the work must be indicated in the contract itself - “Work at home”. When working at home, all documents between the employer and the employee are transferred on paper.

Entry in the work book

Information about remote work may not be entered in the employee's work book by agreement of the parties.

An entry about work in the work book of a home-based worker is made the same as for all other “Non-home-based” employees of the company. At the same time, there is no need to make any special explanations and clarifications that the employee will perform his duties at home.

Termination of the employment contract

The Labor Code allows the employer to terminate the employment contract with his remote worker at a distance, that is, his personal presence is not necessary. To do this, an order of dismissal must be sent to the employee's e-mail. After the remote worker certifies the order with his electronic signature, he must send the document back to his employer. A certified copy of the order must be sent to the remote worker by registered mail with notification (Article 312.5 of the Labor Code of the Russian Federation). Next, the employee must be made a full cash settlement. A remote worker may be dismissed on the general grounds provided for in Article 77 of the Labor Code of the Russian Federation, and on other special grounds provided for in his employment contract.

The grounds for terminating an employment contract with a homeworker must be provided for in his employment contract. (Article 312 of the Labor Code of the Russian Federation). In general, labor relations with a home worker, as with any other category of workers, may be terminated in accordance with the reasons provided for in Article 77 of the Labor Code of the Russian Federation. When terminating the employment contract, the personal presence of the employee is mandatory, as well as his personal signing of all documents. When dismissing a home-based worker, the employer must adhere to general order in accordance with the labor code of the country.

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

Important to remember!

Many employers ask themselves the question: is the place where a remote worker works, a separate structural unit of the organization? This issue is important primarily because, in connection with the emergence of a separate structural unit, the employer has new duty for the payment of taxes and registration with the tax authorities of such a unit. In accordance with the Tax Code of the country, stationary jobs must be created at the location of a separate structural unit. The workplace is stationary if it is created for a period of more than one month. But is the remote worker's workplace a stationary one?

Based on the definition given in Article 312.1 of the Labor Code of the country, remote work does not have signs of the work of a separate division of the organization, which means that the conclusion of an agreement on remote work with an employee does not lead to the emergence of a separate division. Therefore, it is not necessary to register a remote worker as a separate structural unit of the company with the tax authorities.