for the First time the idea to give official status of the remote job was made during a special seminar on labor law at the Institute of legislation and comparative law under the government of Russia. It is the leading governmental expert institutions on legal issues. Not surprisingly, the idea was picked up by representatives of the legislature. The state Duma has said that it plans to regulate the permanent remote work.
According to experts, the amendments to the Labour code needs to clearly define: what is the duration of the working day on remote. Can a boss call the employee and to load it at an odd hour, and, most importantly, if a person works at home, can I make it work without a lunch break.
very life today forces us to change well-established routines for centuries. From the classical scheme of “Wake up – wash up – Breakfast – go to work” removed link “to go.” But once it seemed fundamentally important, everything else like you can skip. Today, on the contrary, it is a trip to work becomes the weakest link.
Decide which mode to operate after the lifting of restrictive measures would be employers. If the employee voluntarily stays home and tries, as before, to perform your duty from your sofa, it can be fired for absenteeism. However, if there is a good will of the chief, a temporary remote mode can turn into permanent.
to apply for the order officially, you will need to enter into additional employment agreements. Here the problem arises: such thing as “remote work”, in law no.
“In Labor code Chapter 49 and Chapter 49.1. The first of them regulates domestic work, the other remote. But neither the one nor the other is not suitable to the current situation”, – explained the “RG” leading researcher of Department of labour law and social security of the Institute of legislation and comparative law under the government of the Russian Federation candidate of legal Sciences Tatyana Korshunova.
Home work assumes that people make something that is at home with his own hands. For example, sew hats out of the material of the customer. It’s a rather old rule, come from earlier times.
“as for remote work, that’s a different kind of work: sign a contract, the employee does not appear in the office – says the candidate of jurisprudence Tatyana Korshunova. We can exchange electronic documents at the conclusion of the contract. That is, the employer and the contractor might not meet each other”.
for example, a company may operate with a proofreader or editor. The texts of some technical documentation, will be sent by e-mail. The management and staff of the company can get for it and n�� to see the man’s face,to appear in the office he makes no sense. And the work he performs on his equipment.
under the agreement of parties the employment contract on remote work information about the remote work may not be made in the work book remote employee.
“Here, too, there are a number of limitations, which does not envisage remote work, -says Tatiana Korshunova. Because we understand today, remote work is a kind of hybrid form. Not home, not remote. Employee feature for the workbook, some work he can do at home, but some Affairs have to come to the office.”
for Example, accountants can sit at home and do their work, but sometimes they still have to come to the institution. The employee at the remote work still needs to observe the regime of the day, he is likely to need to have remote access to the internal electronic dokumentooborota the company. And from time to time the person must appear at the office. This distinguishes it from the remote worker. Accountants, HR and many others can’t in principle be remote employees, but some job to run remotely – is quite acceptable. The remote employee has the right to expect that his own company provides his or her technique for working from home.
“there is a need to amend the Labour code provision on the possibility to work from home, remotely, – said Tatyana Korshunova. This form of work, of course, require some events, including for the protection of labor. We can’t not to remember an important point. Employee at home should feel safe. There are limitations, for example, working with the computer. Combined “remote” work can be considered as working hours along with shift work, and the parties of the employment contract are free to decide how to organize it. General restrictions should remain: for example, 40 hours a week.”
At the same time, the lunch time may not be, if the employee is at home.
“In compelling circumstances in the country in fact there is a pilot project of labour – mass transfer to remote work, – said one of the experts of the Chamber of young legislators under the Council of Federation. – Although it is caused by an emergency situation and for many the enforced sitting of the house was a serious challenge, many workers would be happy and after the pandemic to keep the home mode. Employers also made sure not necessarily to all employees every day to come into the office and sit there for eight hours to move”.
by the Way, in early April the speaker of the Federation Council Valentina Matvienko has proposed to introduce provisions allowing to combine a stationary work with dis��ancianos, including for civil servants.