Remote workplace of an employee in the office. Remote work: the nuances of formalizing labor relations

Job seekers and existing employees are increasingly showing a desire to work remotely, some employers greet this offer with a smile, and some are wary. The article discusses the opportunities that distance employment offers and what consequences it is fraught with. The question is very twofold, in the USA this way of working is very popular, and in Russia it is only gaining momentum.

What is teleworking

The official definition says that this is an employment relationship between an employer and an employee in which the latter performs his duties outside the office.

Remote worker has a free schedule, is not always bound by an employment contract. The term “freelancer” is increasingly common - it is a synonym for “remote employee” abroad, in essence, he is hired for hourly or piecework work.

V Civil Code there is a concept Homeworker, which speaks of the legitimacy of this interaction format.

Who is remote work suitable for?

It is important to realize that home-based employees are not suitable for every task and, before deciding to transfer the office to remote work, it is necessary to assess how appropriate the decision is. For some professions, distance learning will serve as an impetus for development, and some will ruin in the bud.

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

Increasingly, adherents of the IT sphere are making a choice in favor of remote control, because there is no need to organize workplaces within the walls of the office. Through progress information technologies, software developers and webmasters, system administrators and many others easily cope with tasks without leaving home.

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

Working from home offers opportunities for the employment of people with disabilities and women on maternity leave. This category of people is highly motivated, works efficiently, but does not have the ability to get to offices and work out eight-hour workdays.

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

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

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

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

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

Economic efficiency

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

The cost of an office worker for a company

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

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

Remote employee costs

When calculating the cost of a homeworker, the financial side is much more interesting for the employer. Hiring a designer to work remotely, the average salary is set at 25 thousand rubles a month. If we talk about official employment, the contributions here will cost approximately 8.6 thousand rubles. There is no need to spend money on a workplace, they have computers, roofs over their heads and the Internet. There is a possibility that the costs of stationery and communications (including the Internet) will have to be reimbursed, but this is much cheaper - 1.5 thousand rubles. Thus, a designer will cost 35.1 thousand rubles a month.

The calculation clearly demonstrates the monthly savings of 39.9 thousand rubles, translating into a year - this is roughly 480 thousand rubles. Even if you have to spend more than the indicated amounts in some way, for example, to set up the Internet, the employer's benefit will still remain impressive.

Pros and cons of telecommuting

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

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

Disadvantages for the employer:
- There is no way to quickly transfer the arisen task.
- Difficulties with the control of work.
- Less team responsibility and collective influence.
- The risk of lowering the credibility of the company among clients due to the virtual office.

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

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

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

How HR should organize work with remote employees

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

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

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

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

As compelling as the prospect of telecommuting may be, it is important to act with awareness, considering each step before making a decision. To understand how suitable it is for a company to start hiring a small group of people, and try new format work for the company. Then you can try to develop the project and expand the remote state.

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

Remote employees working remotely are no longer a rarity today. Nowadays, you do not always need to be in the office in order to fulfill your work duties. Going towards progress, legislators have made changes to the Labor Code of the Russian Federation concerning teleworkers (freelancers).

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

Who benefits from telecommuting?

Remote work- the dream of any employee, because you can perform work duties at home, in a comfortable environment and get paid for them. You don't need to get up early in the morning, drive in any weather, get stuck in traffic jams, waste your time.

Is it convenient for the employer?

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

The peculiarities of telecommuting are that the employee and employer can be located in different settlements, cities and even countries. You can find a really competent specialist.

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

Federal Law No. 60-FZ of April 05, 2013 introduced an additional Chapter 49.1 to the Labor Code of the Russian Federation, which regulates the work of remote workers.

This chapter reinforces such concepts as “teleworking” and “teleworking”.

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

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

An employment contract with a remote worker

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

Text employment contract must include the nature of teleworking, that is, it must be specified that the employee must perform his work duties outside the employer's territory.

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

Duration working week for telecommuting workers the same as for ordinary workers, that is, a 40-hour work week in the standard case. All deviations from the standard working week must be recorded in the contract.

What other information needs to be included in the employment contract:

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

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

If a remote worker needs to be sent to another locality to perform a task related to the activities of the organization (on a business trip), then the employer draws up the same documents as in relation to sending ordinary workers on a business trip. About registration business trip read.

Everything travel expenses remote workers are accounted for in a standard way.

V Lately An increasingly widespread form of employment is remote work, in which the employer and the employee maintain contact at a distance from each other, and the transfer of technical specifications, work results, and often, payment is made using payments via the Internet.

The concept of remote employment was first applied in the 1970s in the United States. The advent of the Internet has fueled an increase in the number of remote workers.

Many people today mistakenly believe that remote workers and freelancers are one and the same thing.

In fact, the de facto freelancer is individual entrepreneur: he provides himself with work, interacting with several employers, he himself pays taxes and contributions to the pension fund.

A remote employee is included in the staff of a particular enterprise or company, and his relations with the employer are regulated. The “remote worker” is subordinate to a specific leader and fulfills his orders, receives the agreed salary. The employer also makes all necessary fund deductions from wages... From other employees of the company remote employee differs only in that it is not geographically located in the office.

Official registration labor relations has many advantages. First of all, it is completely legal income, social security and guaranteed receipt of insurance payments. A remote worker, based on an employment contract, can defend his interests in emerging controversial situations.

Official registration of remote work

At the beginning of 2013, an additional Chapter 49.1 appeared in the Labor Code of the Russian Federation on the specifics of regulating the labor of remote employees. The articles in this chapter describe in detail the mechanism for employing an employee on remote access.

For the official registration of the employee, an employment contract is concluded between him and the employer, which spells out the rights and obligations of both parties. The same document allows to formally resolve all issues arising in the process labor activity... The law also stipulates compulsory social and health insurance for employees who work remotely.

The official registration is as follows:

1. The applicant provides the employing party with a standard set of documents for employment: a passport, documents on education received, data on an individual personal account, etc. (in electronic or "paper" form).
2. The employer draws up and sends it to the applicant for review.
3. After agreeing on all the rights and obligations prescribed in the contract, the contract is concluded, and an electronic signature can be used.

After signing the documents, the official place of work of the employee is the location of the hiring party. If necessary, the employer provides the employee necessary equipment or software, technical means of information protection.

The law does not spell out the obligatory, therefore, this point is negotiated by the parties separately. More details on the provisions of the Labor Code regulating distance employment can be found in the corresponding chapter.

Features of the conclusion of an employment contract

Official remote work differs from office work in the absence of "live" control of the employer over the activities remote employee... Therefore, the contract can clearly stipulate the modes of work and rest, describe the mechanisms of management and control. The more detailed the conditions of remote work will be spelled out, the less controversial situations will arise in the process of interaction between the parties.

So, the contract can clearly indicate work time... This is necessary for and so that the employer can contact the employee without any problems within the specified period of time. In this case, the schedule may coincide with the company's work schedule or differ from it if the employee is in a different time zone.

So that the employer does not have any suspicions about a possible failure to meet the deadline or improper fulfillment of the task, the contract may stipulate the periodic provision of a report on the work done.

In some companies, teleworkers are involved in planning meetings and meetings in order to get involved in the work process, both in person with the arrival of the "remote worker" at the office, and using video communication. The contract may also provide for additional distance learning.

In cases where the employer does not provide his equipment, software and other technical means for carrying out labor activities, the contract may specify the size and procedure for payment of compensation for the depreciation of the equipment owned by the employee.

Remote recruitment

Before you start looking for a remote employee, you should clearly define the list of requirements for the applicant and outline the responsibilities that will be assigned to him in case of hiring.

The next stage of selection is an interview with applicants. It can take place in several stages: execution test task, express testing by phone or video interview.

In the selection process, one should take into account the specifics of remote interaction with an employee and the lack of full control over activities. In this regard, apart from general requirements, it is recommended to discuss with the candidate whether he has such qualities as the ability for self-organization and self-discipline, purposefulness, responsibility.

Remote workers usually incur certain costs associated with the performance of work duties. Including - and in connection with the use of personal property for these purposes. Can the employer reimburse his employee for such costs? What problems do this arise? If we turn to Articles 188 and 310 of the Labor Code of the Russian Federation, we can conclude that the parties to the employment contract have every right to independently determine the procedure for reimbursing such expenses of the employee. Moreover, the amount of compensation must correspond to the degree of wear and tear of the property owned by the employee. The Russian government makes one exception to this rule: depreciation of an employee's car. If the parties to the employment contract decide to fix in this document other grounds for reimbursing the employee's expenses, then in accordance with the letters and the Ministry of Finance of Russia dated 04/11/13 No. 03-04-06 / 11996, appropriate documents will be required to confirm the presence of deterioration of the property, but ( attention!) with the differentiation of the degree of wear and tear for the use of property for labor and personal purposes. Thus, the tax authorities get certain opportunities to challenge such compensation. Those expenses of the employee that are difficult to differentiate according to their goals can become controversial: to separate the wear and tear as a result of the use of property for personal needs from wear and tear when it is performed by the owner of his professional responsibilities... For example, any employee can use the Internet access both for personal purposes and for professional activity... And the proportion of its use for certain needs can be difficult to establish and, accordingly, questions arise regarding the payment of such costs.

Are "remoteness" and "isolation" the same thing?

For tax purposes, it may matter where the employee works, can the place of performance of his labor duties be considered a separate division of the enterprise? By general rule a remote workplace cannot be considered a structural unit. fixes the requirements that apply to a stationary workplace. When remote work there is no stationary place. And if there is no workplace, then, therefore, there is no separate place of work. The same thing, but in other words, is also stated in clause 2 of article 11 of the Tax Code of the Russian Federation. It says that in a separate subdivision the activities of the organization should be carried out. The work of a single homeworker does not meet this definition. But there is one exception, which follows from the letters of the Ministry of Finance of Russia (from 23.05.13 No. 03-02-07 / 1/18299 and dated 18.03.13 No. 03-02-07 / 1/8192), and is confirmed jurisprudence: location of employment in remote access(homeworker) may in some cases be recognized stand-alone unit organizations, if the employer creates stationary jobs for such workers for a period of at least a month.

Is a homeworker in the office a business trip?

An employee performing his duties remotely visited the office of his employer in connection with the performance of his labor function. Can we say that he is on a business trip and, accordingly, pay him travel expenses? The Ministry of Finance of Russia has repeatedly (see letters dated 01.08.13 No. 03-03-06 / 1/30978, dated 08.08.13 No. 03-03-06 / 1/31945, dated 14.04.14 No. 03-03-06 / 1 / 16788) gave a legal interpretation of Articles,, and 312.1 of the Labor Code of the Russian Federation. These documents expressly state that all guarantees of labor legislation, including those related to the employee's stay on a business trip, including reimbursement of expenses incurred by him in connection with the trip, such as travel and accommodation, as well as daily subsistence allowance, also apply to those , who performs their labor function remotely, remotely, with a home-based way of performing the duties enshrined in the employment contract. At the same time, there is a conflict of labor legislation, which arises when interpreting the provisions of Art. 209 of the Labor Code of the Russian Federation. Tax authorities sometimes believe that since the homeworker's place of residence can be considered a homeworker (and for those who work remotely, the place of work may not appear in the employment contract at all), then the payment of expenses in connection with the trip to the head office and living in foreign locality can be made in accordance with the provisions of article 188 of the Labor Code, but not as payment for the expenses of a posted employee. In cases where the place of teleworking and the location of the head office coincide within the same locality, this point of view is likely to be supported in a disputed case by the court.

How to correctly account for the results of remote work as expenses in the form of salaries

On this score, there are two polar points of view, since there is a certain competition in labor and tax legislation. Let's designate both positions, which can become the basis for the resolution of disputes in court. One of the key principles of labor law is the prohibition of discrimination against certain categories of workers. That is, remote employees of the organization cannot be required to do what is prohibited in relation to office workers... And the peculiarities of the working conditions of workers "at a distance" are enshrined in the Labor Code of the Russian Federation. Going beyond this will mean discrimination.

Article 312 of the Labor Code of the Russian Federation. General Provisions(extract) Remote work is the performance of a labor function defined by an employment contract outside the location of the employer, its branch, representative office, or other separate structural unit(including those located in another locality), outside the stationary workplace, territory or facility, directly or indirectly under the control of the employer, provided that it is used for the performance of this labor function and for the interaction between the employer and the employee on issues related to its performance, information - telecommunication networks of general use, including the Internet. Teleworkers are considered to be persons who have entered into an employment contract for teleworking. Remote workers are subject to labor legislation and other acts containing norms labor law, taking into account the specifics established by this chapter. In the event that this chapter provides for the interaction of a remote worker or a person applying for remote work and the employer through the exchange of electronic documents, reinforced qualified electronic signatures a remote worker or person applying for remote work, and the employer in the manner prescribed federal laws and other regulatory legal acts Russian Federation... Each of the parties to the specified exchange is obliged to send in the form electronic document confirmation of receipt of an electronic document from the other party within the time period specified in the labor contract for remote work.

As a general rule, the relevant provisions of the employment contracts and the relevant provisions of the employment contracts and job descriptions... Consequently, there are no additional reports, other evidence of the employee's performance of his job duties. In this regard, there is also arbitrage practice(see, for example, the ruling of the Federal Arbitration Court of the North-West District of April 17, 2013 No. A13-6626 / 2012). At the same time, clause 1 of article 252 of the Tax Code of the Russian Federation states that expenses (including salary payments) need documentary evidence. For office workers, such confirmation is data personnel records, including the amount of time actually worked by a person. And established in Art. 312.4 of the Labor Code of the Russian Federation, the right to independently determine the working time regime for those who work remotely does not at all cancel the employer's obligations to record the actual hours worked. Since there is no relevant data for the "remote users" - please, provide other evidence. No discrimination, but only a forced reflection of the specifics of this kind of labor relations. One of the ways to solve this problem is to fix the methods of accounting for hours worked directly in the employment contract. As such methods, you can use printouts of test telephone conversations. This is not a troublesome matter, but it will help in the future to save the employer from unnecessary disputes with the tax authorities.

The interest of employers in the format of remote collaboration is quite understandable: the transfer of employees to remote work significantly reduces costs. After interviewing companies, experts from Hays and Comunica found that in 67% of organizations, remote work saves on overhead costs, in 14% - on payroll, and 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 teleworker and how best to do it?

You need to build on the tasks and the expected duration of cooperation. If you are determined to permanent 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 complete a task or for a short-term project, then you can get by with a civil contract.

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

Telecommuting and legislation

In April 2013, the president signed an order that obliges employers to enter into labor contracts with remote employees. The 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 did remote employees have thanks to the adoption of the law:

• conclusion of employment contracts and amendments to them via the Internet;
• familiarization in writing, including against signature, with the adopted local regulations directly related to labor activity, orders (orders) of the employer, notifications, requirements and other documents, can be carried out through the exchange of electronic documents between the employer and the remote worker;
• contacting the employer with an application, providing an explanation or other information in the form of an electronic document;
• sending the original documents to the employer by mail 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 maternity;
• when a remote worker submits an application for the issuance of duly certified copies of documents related to work, the employer must send these copies to the remote worker by registered mail with notification or, if specified in the application, in the form of an electronic document no later than three working days from the date of submission of the application ...

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

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

Remote work is performance of a labor function defined 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 facility, 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.

Remote workers are considered persons who have entered into an employment contract for remote work.

Remote workers are subject to 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 / she receives the insurance certificate of compulsory pension insurance independently;
• familiarization 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 activities, collective agreement), can be carried out through the exchange of electronic documents;
• by agreement of the parties, information about remote work may not be entered in the work book of a remote worker, and when concluding an employment contract for the first time employment history a remote worker may not be issued (the main document on labor activity and seniority will be a copy of an 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 employee's obligation to use equipment, software and hardware tools, information security tools provided or recommended by the employer in the performance of work duties.

Labor protection of teleworkers: what are the features?

The labor contract for teleworking defines the procedure and terms for providing employees with the necessary software and hardware tools, 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 payment of compensation for the use by employees of their own or leased software and hardware tools, equipment, information security tools, etc.

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

• sanitary and domestic services and medical support for workers in accordance with the requirements of labor protection, as well as the delivery of workers who fall ill at the workplace to medical organization in case of need to provide them with urgent medical care;
• compulsory social insurance of employees against industrial accidents and occupational diseases;
• familiarization of employees with labor protection requirements.

Working hours, time off for a remote employee

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

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

Registration under a GPC agreement

This option is convenient for employers who are aiming at short-term cooperation with a remote worker or intend to hire a specialist for 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 contains 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 remuneration.

The GPC agreement prescribes 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 the 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 mandatory.

How is it beneficial for an employer to register under a 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 plus points that save companies money. This type of cooperation does not oblige the employer to organize the employee's workplace, compensate for the costs of additional expenses in connection with work trips and provide labor guarantees, except for contributions to the Pension Fund and the MHIF.

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

For more details about the differences between an employment contract and a GPC contract, see the articles "" and "".

Registration of an employment contract with a remote worker

Unlike a GPC agreement, the registration 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 basis);
• insurance certificate of state pension insurance;
• documentation military registration- for those liable for military service and persons subject to conscription;
• a document on education, qualifications or special knowledge (if a person enters a job that requires special knowledge or training);
• a certificate of the presence (absence) of a criminal record and the fact of criminal prosecution or of the termination of criminal prosecution on rehabilitating grounds (when applying for a job related to activities that are not allowed to be carried out by persons who have had a criminal record or have been subject 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 "Subject of the contract" section: performance of labor functions outside the workplace controlled by the employer and the use of public information and telecommunication networks for work and interaction with the employer.

The employer should indicate the method of communication with a remote worker (phone, Email or Skype, designate the tools, technical means, software that the employee will use to perform labor functions. It will not be superfluous to prescribe who ensures the availability of these tools - the employee himself or the employer.

Dismissal of a remote employee

According to the 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 familiarization of the remote worker with the order (order) of the employer to terminate the employment contract on remote work is carried out in the form of an electronic document, the employer, on the day of termination of this employment contract, is obliged to send the remote worker by registered mail with notification a duly executed copy of the said order. (orders) on paper ".

The grounds for termination of an employment contract may not differ in any way from those that apply to employees performing labor functions in the employer's territory (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.

Dismissal of a remote employee is carried out according to the standard algorithm. The document required for the procedure is a dismissal order. 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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