Signed a law regulating the work of remote workers
Federal Law No. 60, adopted by the State Duma and the Federation Council in March of this year, signed by the President of the Russian Federation on 05.04.2013, is published on the official Internet portal of legal information . The second article of this law supplements the Labor Code of the Russian Federation with Chapter No. 49.1, “Features of Labor Regulation of Remote Workers,” and expands Chapter No. 49, “Features of Labor Regulation of Homeworkers”.
Taking into account the specifics of the work of a large number of participants in the habro-community, it is impossible to ignore this law. So, what have our chosen ones prepared for us?
“Remote work is the fulfillment of a labor function defined by an employment contract outside the employer's location, its branch, representative office, other separate structural unit (including those located in another locality), outside the stationary workplace, territory or facility directly or indirectly controlled by the employer, under conditions of use for the performance of this labor function and for the interaction between the employer and the employee on issues related to its performance public telecommunication networks, including the Internet.
Remote workers are persons who have entered into an employment contract for distance work.
“Remote workers are subject to labor laws and other acts containing labor law standards, taking into account the features established by this chapter.”
Thus, the concepts of “teleworking” and “teleworker” are added to the concepts of “homework” and “homeworker”. Moreover, the concepts introduced are uniquely tied to information and telecommunication networks, as the main tool for interaction between an employee and an employer. It is clear that remote workers can be programmers, web designers, and generally all honest workers, the result of which can be sent to the employer via the Internet. Moreover, the Labor Code will protect their right to work along with other categories of workers.
2. Electronic document management
“In the event that this chapter provides for the interaction of a remote worker or a person applying for remote work and the employer by exchanging electronic documents, enhanced qualified electronic signatures of the remote worker or the person entering remote work and the employer are used in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to the specified exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the time period specified by the remote work contract.
In cases where, in accordance with this Code, the employee must be familiarized in writing, including on receipt, with the local regulations adopted that are directly related to his labor activity, orders (orders) of the employer, notifications, requirements and other documents, remote the employee may be acquainted with them by exchanging electronic documents between the employer and the remote employee. ”
A natural step in attracting the existing electronic signature mechanism for the implementation of labor relations between the employee and the employer. By the way, EDS is mentioned in the course of the text in a number of places describing the exchange of information between the parties. The point is small - the technical implementation of the mechanism. This issue is beyond the scope of this law.
3. Non-electronic document management
In a number of places of the law there is a need to exchange original documents or their certified copies. Examples:
“To provide compulsory social security insurance for temporary incapacity for work and in connection with motherhood, the remote worker sends the employer the original documents required by federal laws and other regulatory legal acts of the Russian Federation by registered mail with a notice.”
“In the event that the labor contract on remote work is concluded through the exchange of electronic documents, the employer is obliged to send the remote worker a registered copy of the labor contract in paper form not later than three calendar days from the date of conclusion of this labor contract by registered mail.”
It is proposed to use mail services as an exchange tool. Well, how can you not comment on this? It seems to me that resolving issues related to mail forwarding may take some time.
4. Workbook ...
... is not obligatory:
“By agreement of the parties to the teleworking agreement, information on teleworking may not be entered in the workbook of the remote worker, and when concluding the labor contract for the first time, the workbook for the remote worker may not be issued. In these cases, the main document on the labor activity and seniority of the remote employee is a copy of the labor contract on distance work specified in the second part of this article. ”
But if you really need it, then there is no problem:
“In the absence of the agreement specified in part six of this article, the remote worker provides the employer with a work book in person or sends it by registered mail with a notification.”
“In an employment contract on remote work, in addition to additional conditions that do not worsen the position of an employee as compared to established labor laws and other regulatory legal acts containing labor law standards, a collective agreement, agreements, local regulatory acts (part four of Article 57 of this Code), an additional condition is provided for on the obligation of a remote worker to use in the performance of his duties under a labor contract on distance work those equipment, software and hardware, information protection and other funds provided or recommended by the employer. "
It seems to be quite understandable, it seems to be right. Only the phrase "provided or recommended" leaves questions. But what if the development tools are very few and very expensive, and not affordable for the average worker, and the employer recommends that they (and) use it? After all, you are not forced to buy a development system, if you get a job in the usual way?
In general, here, in my opinion, there are more pitfalls than it might seem at first glance (rather related to corruption schemes), but an ordinary employee can get around them at the stage of drawing up the contract. By the way, the contract should also stipulate other important issues.
6. Other important issues
“The procedure and deadlines for providing remote workers with the necessary equipment, software and hardware, information protection and other means for fulfilling their duties under a labor contract on remote work, the procedure and deadlines for submitting reports on completed work by remote workers, the size, procedure and timing for payment compensation for the use by remote workers of equipment owned by them or rented by them, software and hardware, information security equipment ”and other means, the procedure for reimbursement of other expenses related to the implementation of remote work is determined by the labor contract on remote work.”
Everything is in your hands, do not hesitate to formulate your requirements at the initial stage, so as not to clutch your head.
“Unless otherwise provided by the labor contract on remote work, the regime of working hours and rest time of a remote worker is set by him at his discretion.
The procedure for granting a remote employee annual paid leave and other types of leave is determined by the labor contract on distance work in accordance with this Code and other acts containing labor law standards. ”
By the way, the issue of remuneration in this chapter is not raised at all, which means it is regulated on a common basis, and is also the subject of an employment contract on distance work.
Instead of a conclusion
In general, I want to say that this initiative of our lawmakers is one of the few lately that seemed to me more or less sane. It is designed to protect the rights of remote workers by introducing their relationships with employers in the legal field and determining the mechanisms of interaction.
But do not forget that the severity of our laws is compensated by the non-bindingness of their implementation. And this means that it will not be amiss to secure yourself with a scrupulous approach to drawing up a contract on distance work, as well as preparing an evidence base, if (God forbid!) You have to defend your interests in our court (which is already far from being as humane as in the recent past).