In the state Duma a bill on the peculiarities of the remote work. It refers to an electronic document, the right stay-at-home employee on personal time, and in certain circumstances and for compensation of expenses for electricity and Internet. The application of these rules in the semi-wild Russian labour market no problem no cost.
the explanatory note says that the current situation “revealed the problems of the Russian labour law”, which is “insufficiently flexible.” So, in the Labour code since 2013 there is a Chapter about remote work, but it using features — for example, to bind the prisoners in electronic form agreements should be qualified electronic signature, which is worth several thousand. According to Rosstat, in 2019 from 67.1 m employed Russians, only 30 thousand legally work remotely.
During the epidemic of the coronavirus workers EN masse were sent to udalenku on the basis of orders of heads of the enterprises. But temporary remote employment in our TC in General is not provided!
the June 16 briefing, the leader of the faction “United Russia” Sergei Neverov reminded that the work is specifically designed to write a bill of the group was attended by representatives of the labor Union and FNPR, as well as experts on employment law. Of course, I recognized in a conversation with “MK” head of the group, Andrei Isayev (United Russia), we cannot say that trade unions and employers are fully satisfied with what happened, but as a compromise, the document was supported and ready to work on it further. “Employers think it’s all too regulated, and trade unions — that insufficiently regulated”, he explained.
now, in TC it is proposed to include the possibility of three different formats of work: remote, by definition, that is, when signing an employment contract, the employee already knows what will work remotely, temporary, remote (usually when working in the office becomes the “homeworkers”), and combination remote operation (when a person works in the territory of the employer, then at home). Temporary full or partial remote work during different disasters, epidemics and other extraordinary circumstances, is fast, time to amend contracts of employment simply do not have — and given the right to solve all the orders of the authorities, taking into account the views of the trade unions.
New forms of work are supplemented by maximum use of electronic document management. The employment contract can be signed remotely, too, and no qualified digital signature is not required. But the employee is given the right to recover from the employer any agreement, order or instruction in the form of a paper certified copy. And the employer can request the employee a paper copy of the diploma of higher education, for example, if unsure of its authenticity.
the Authors believe that the right remote workers to be on call around the clock with their employers and not to respond to emails and calls in certain time periods should be stipulated in advance. If anything was not specified, head shall not be entitled to make a claim due to the fact that he did not respond to the Sunday letter, or night bell. In the case of production necessity or extraordinary circumstances, the employer will be able to recruit at any time, but will have to pay like overtime, that is multiple size.
of Course, if the working day is irregular, the question about personal time becomes problematic.
If the contract on remote work is your work space where there is Internet, and payment of equipment and services to mobile operators at the expense of the employer may be separately specified in the contract, but not necessarily (after all, people have the right to work for another 10 firms, and how to find out how much he spent on each of them?). But if the employee is sent to a temporary remote work — the question of who bears the costs of the equipment of a workplace should be spelled out in the supplementary agreement to the employment contract.
many questions are to be solved “based on the views of” trade Union organizations. But the trade unions of the Russian major force are not, and many small and medium-sized enterprises and they did not.
the head of the relevant Duma Committee for labor and social policy Yaroslav Nilov (LDPR) said “MK”, now that the bill will send out to regions for feedback and to the government: “we understand that remote work is a reality today, but with the introduction of new regimes need to balance the interests of employers and workers”.
the First reading of the bill could take place in late July, and by law he will be until the autumn.