The obligation to draw up an internal document when transferring employees to a remote working mode

LEGAL DIGEST, NEWS \ 26.01.2021

Starting from January 1, 2021, the Labour Code of the Russian Federation has been amended to require employers – non-profit organizations and small business entities – to draw up an internal regulatory document in the case of transferring an employee to temporary remote working.

According to the text of the new version of article 48.1 of the Labour Code of the Russian Federation, employers – non-profit organizations (NPOs) have the right to conclude fixed-term employment contracts similar to employers – small business entities that are classified as micro-enterprises (SMEs).

Both an employer – a SME, and a NPO has the right to in full or in part refuse to draw up an internal regulatory document (IRD) regulating the norms of labour law (on labour procedure, regulations on payment for labour, awarding bonuses, shift schedule of employees, etc.). However, new amendments introduced the following restriction: this category of employers is obliged to draw up an IRD if an employee is subject to temporary transfer to remote working mode in accordance with article 312.9 of the Labour Code of the Russian Federation.

At the same time, in order to regulate labour relationships, the employer – the SME and NPO – have to include in the labour contracts with employees the conditions regulated by internal regulatory documents. These labour contracts are concluded on the basis of a standard form of labour contract approved by the Government of the Russian Federation taking into account opinion of the Russian Trilateral Commission for the Regulation of Social and Labour Relations.

An NPO employer is a non-profit organization whose average number of employees and income for the previous calendar year do not exceed the limits set by the Government of the Russian Federation. If the employer NPO ceases to comply with the requirements, then, not later than 4 months from the date of posting information about it on the Internet, the regulation of labour relationships of such NPO should be carried out in accordance with the Labour Code of the Russian Federation excluding special characteristics provided in this article.

Please be reminded that starting from this year, new rules for remote working have become effective. According to the rules, when concluding a labour contract or a supplementary agreement, it may be indicated that the employee is employed or transferred to one of the following remote working modes:

• Permanent (during the term of the labour contract).
• Temporary (for a period not exceeding 6 months).
• Periodic (if the periods of working remotely and in the office are alternated).
• Temporary at the initiative of the employer.

It is possible to transfer employees to the last remote work mode in the following cases:

• If the relevant decision was made by a state or local government body.
• If the life or living conditions of the population (or part of it) are under threat (natural or man-made disasters, epidemics, acts of elements).

The employer has to issue an internal regulatory document containing the following information:

• The reason and term of transfer.
• List of employees temporarily transferred to the working in the remote mode.
• Procedure for organizing the labour of remote acting employees.
• Procedure for providing all the necessary tools to perform work remotely.

In the matters of the application of employment legislation and registration of remote acting employees, please contact Acsour specialists.