This is just one of the innovations we can expect in the case of the adoption of the draft law on telecommuting. “The basic ideas of the new amendments – two, – said “RG” Elena Kozhemyakina. – To introduce a combined remote work and to abandon the mandatory enhanced digital signature (EDS) in the exchange of documents. The stated goal of the initiators is to simplify the employment relationship for employees and to normalize the interaction between the company and the employee.”
Recall that it is proposed to introduce three types of remote operation: basic, timed, and combined. And the first – permanent remote work is fixed. We have added two types – temporary and combination remote control. But de facto, employers have already started to use it during the quarantine. And some used in the past. In other words, the amendments need to legitimize what in life is already running.
– another Question – how to formalize the relationship, – says Elena Kozhemyakina. Standard remote work is made in the contract or additional agreement. And what to do with time – the new amendments do not record, but apparently talking about an additional agreement. Plus for employers is that the minimum requirements for the protection of labour will apply to new types of work. While the employee works from home, coaching, training on labor protection is not needed. But as soon as I return to the workplace and spetsotsenka, and briefings. How it will work in practice is not very clear”.
there is Also the question how to sign documents remotely. If the mandatory enhanced EDS will cancel, this simplifies the process. But to “communicate” legally can now, without waiting for amendments. Will take orders on electronic document management. Reinforced EDS – a very expensive project, and in 95 percent of cases, a simple electronic signature. As a rule, as it is the username and password so you need only to build a system of document management in the interaction with the staff and “legitimize” e-mail as the official channel of communication.
“first, it will be enough with any option that will allow you to identify one of the parties, – said Elena Kozhemyakina. For example, signature or address in the document. Secondly, innovation is, in fact, legalizes a standard email. So correspondence by email can be accepted as an official was sent, advised, said. And will have official status”.
a number of rules according to the expert, also just fix what is actually already used. For example, not meet the Director after hours, the lack of a clear designated remote work, the choice between paper and electronic documents. The caveat however is that legislators propose to set operating modes, i.e. schedule of work: any temporary interval�� or days to work from the office and remotely. This “coin” has two sides. Previously, employers tended to offer udalenku as a privilege for employees, talked about it individually each time, but now – it will have to commit, and so flexibility is lost.
on the other hand, with the establishment of the graphics companies have more opportunities for control. But do like the change to employees – the issue, said Kozhemyakin. And he continues: “Previously, people on remote can freely plan your workday, and now I have to strictly follow the schedule or individually to negotiate the change.”
the lawyer, another disadvantage for the employer plus the employee – the proposal to remove the additional grounds for dismissal of a telecommuter. This is enshrined in article 312.5 of the LC RF. She says that the parties to the employment contract may establish other reasons for sanctions and dismissal. It may be, say, “keeping in touch day”. If this possibility will be removed, additional grounds will remain, will have to rely on the basic norms of the labour code in matters of dismissal. That is, fire will be more difficult.
