Amendments to the Labor Code on Freelancers will be considered at the autumn session of the State Duma

    In the autumn session, the State Duma will consider amendments to the draft federal law “On Amending the Labor Code of the Russian Federation”. This was reported to "Marker" by the First Deputy Chairman of the State Duma Committee on Labor and Social Policy, Ildar Gabrakhmanov.

    The draft law was submitted to the State Duma in April 2011 (text under the cut). For the first time in it, the Labor Code defines a freelancer (in the law it appears as “a worker performing work remotely” - earlier there were only “homeworkers” in the labor code), and he is also guaranteed a free work schedule and annual leave in accordance with applicable labor laws. So far, nothing has been said about taxes in the draft; at the autumn session of the State Duma, it can make appropriate amendments.

    Experts believe that after the legalization of remote workers, much more customers may appear on the market: up to 20% of Russian employers want to work with freelancers.

    The text of the draft federal law “On Amendments to the Labor Code of the Russian Federation (in terms of regulating the labor of workers performing work outside the employer's production facilities)”. ( Doc )

    “Chapter 49. FEATURES OF REGULATING LABOR FOR WORKERS EXECUTING REMOTE WORK

    Section 310. Workers performing work remotely

    Workers performing work remotely (homework and other work with the possibility of remote access) are considered to be persons who entered into an employment contract without determining the place of work and performing work outside the employer's premises. Unless otherwise provided by the employment contract, the employee allocates working time at his discretion and may perform work involving members of his family or other persons (in this case, labor relations between the employer and the persons involved in the work do not arise).

    The procedure and conditions for providing employees performing work remotely with equipment, tools, documentation and other means necessary for them to perform labor duties are determined by the employment contract.

    Workers performing work remotely are subject to labor law and other acts containing labor law standards, with the features established by this Code.

    An employee who performs work remotely concludes a fixed-term employment contract.

    Article 311. Conditions under which remote

    work is allowed Work performed remotely by an employee cannot be contraindicated for health reasons and must be performed by the employee in conditions that meet labor protection requirements.

    Responsibility for the implementation of these requirements lies with the employee.

    Article 312. Termination of an employment contract with employees performing work remotely

    Termination of an employment contract with employees performing work remotely is carried out on the grounds stipulated by the employment contract. ”

    Obviously, the final version of chapter 49 of the Labor Code of the Russian Federation will be quite different. For example, some people propose to separate the concepts of a remote worker and a homeworker in a bill so that the former does not have the right to involve family members in the work. There are other proposals for regulating the work of freelancers: for example, see the list of proposals of the Russian Union of Industrialists and Entrepreneurs (PDF).

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