The Government of St. Petersburg has established for employers the obligation to transfer employees to remote working mode. These measures are being introduced owing to the spread of coronavirus infection.
The Decree comes into force starting from November 9, 2020 and amends the current Resolution No. 121 of the Government of St. Petersburg dated March 13, 2020. According to the amendments, it is necessary to transfer to the specified mode:
- at least 30% of employees;
- all employees over the age of 65 and individuals who have diseases, the list of which will be determined by the Saint-Petersburg City Health Department on November 7, 2020.
And it does not matter which type of contract has been concluded with an individual (labour contract or civil law contract (Russian acronym – GPH)). This requirement applies in respect of all employees of the company.
At the same time, it is not possible to transfer an employee to remote working based only on an order or a direction from the employer. Such action will require signing supplementary agreements on changes to the conditions of the labour contract under article 72 of the Labour Code, in which:
- it is necessary to stipulate a new condition about the remote nature of the work performed;
- it should be noted that the job function is performed not at the company’s office, but at the address of residence or stay (letter No. 03-03-06/1/30978 of the Ministry of Finance dated August, 8, 2013);
- it is important to stipulate the procedure for providing the employee with the necessary means for performance of job functions;
- it is recommended to specify the conditions for electronic document flow between the employee and the employer, as well as with other employees of the company;
- it is necessary to specify in what order and in what terms it is required to provide reports on the work performed;
- it is necessary to stipulate the amount and term for payment of compensations for the use of personal property for performance of work (equipment, software, means for protection of information) and other expenses (for example, Internet payment). If you hand over company-owned inventory to an employee (notebook computer, corporate phone), do not forget to sign certificates of transfer of such items with the employee.
In the matters of registration of remote working mode of employees, please contact Acsour’s specialists.
Documents: Resolution No. 121 of the Government of St. Petersburg dated March 13, 2020, Resolution No. 901 of the Government of St. Petersburg dated November 5, 2020.