New rules for remote work: the law is signed

LEGAL DIGEST \ 14.12.2020

Starting from January 1, 2021, amendments to the Labour Code of the Russian Federation will come into force, specifying new rules for remote work between an employee and an employer.

According to the amendments, the Labour Code will contain the following provisions regulating the process of remote work.

New types of remote work

Starting from the next year, 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 work 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;
• the procedure for providing all the necessary tools to perform work remotely.

Order of interaction

The employer will need to use an enhanced qualified electronic signature (ES), and the employee will need to use a similar or enhanced unqualified ES when entering into, changing or terminating electronically such documents as:

• labour contract;
• supplementary agreement to the labour contract;
• financial liability contract;
• apprenticeship contract for education.

In other cases, the exchange of electronic documents can be carried out in any way that allows to record the fact of receipt of such a document. The chosen method should be stipulated in the internal documents of the organization (internal regulatory documents, labour or collective contracts).

Also, the employee has the right to apply to the employer with a written statement for the provision of:

– a copy of the labour contract in the paper form

– copies of documents associated with work (in accordance with article 62 of the Labour Code of the Russian Federation) in the paper form or in the form of an electronic document.

The deadline for submitting documents is 3 working days from the date of receipt of the statement from the employee.

Organization of work

Employers will be able to define in the labour contract:

• the employee’s working hours, including the duration and (or) frequency of performing the employee’s job function remotely;
• procedure for transmitting work results and a report on it (at the request of the employer);
• conditions and procedure for calling a remote acting employee to the office to perform job functions at a permanent workplace;
• procedure for granting annual paid and other types of leave;

The time of interaction between the remote acting employee and the employer will be included in the working hours.

Use of equipment

When performing work remotely, the employer has to provide the employee with the necessary equipment, software and hardware tools, information security and other tools.

However, a remote acting employee may use their own or leased tools with the consent of the employer. In this case, the employer pays the employee compensation for the use of such tools.

Procedure for dismissal of remote acting employees

Apart from the grounds currently provided for in the Labour Code of the Russian Federation, a labour contract with a remote acting employee may be terminated for the following reasons:

– if the employee does not interact with the employer on labour issues for more than 2 working days without a clear reason

– if an employee who works remotely on a permanent basis moves to another region where it becomes difficult to perform work under the same conditions.

If the Order for dismissal was read in electronic form, the employer is obliged to send a duly executed copy of this document in the paper form by registered mail within three working days from the date of issuance of the Order.

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