today the state Duma passed in the first reading the bill on remote employment. To the delight of all who dream and after a pandemic COVID-19 to work from home, from a document left the most complex and controversial rules. For example, employees will need enhanced digital signature, and your free time freelancers legally declare inviolable.
the Main points of the bill: the working time “udalenie” cannot be stretched indefinitely, but calls the chief, the latter must react with lightning speed. The salary for translation into a work from home can not be cut down, but under condition of preservation of volume of work. If the employee works on my personal computer, with its Internet and mobile communication costs, it is necessary to compensate for – but if it is written in the order of the company. Workplace in the employment contract will still be set the office, but… can it at all be omitted.
Lawyers for the bill in General like, even with such an impressive number of different “but”. They call the idea of parliamentarians openly crude. For example, it is still unclear, what if the boss suddenly decides in the middle of the day to call “udalenie” in the office. Whether spent on the road time is counted in the waste? You will move the deadlines exactly as much as the worker stood in traffic? And what if hurrying to the office of home-based employee with the habit slipped on the stairs in the subway and broke my leg?
the Current version of the bill answers to these pressing issues does not. Experts of the Russian popular front has swept in and sent to the state Duma its version of the amendments. They need to make the new act clearer and to workers and employers. The deputies will listen to the ideas of the popular front or not, will become clear before the second reading.
– We propose to amend the bill by item on the right of the employer to cause the employee to the office of the company in case of need, – said the co-Chairman of the Central headquarters of the popular front Alexey Komissarov. – If such a trip would require registration as a business trip, the employer will reimburse travel costs and provide other safeguards. However, it is proposed to define a simplified procedure for remote work order of the employer, selecting the cases where obtaining the consent of the employee is not required, but notification may occur remotely.
If remote worker during a trip on the instructions of the boss of the accident – will get in an accident, a fall on the street – the employer will have to consider the incident an occupational injury and to pay compensation, the lawyer on labor disputes Dmitry Matveev.
– In such cases, importantly, the fact that the call to the office was recorded – said Matview – It can be an e-mail message in the messenger or recorded on tape a phone call. Directly the bill does not say this, but follows from other provisions. For example, it says that any messages of the employer, the employee must respond with a confirmation of receipt. Fix better not only obtained from the authorities of the task, but any request to urgently come. In General, all conversations with the boss to be written.
Another raw moment in the bill for travel for remote employees. Is it possible to send them to business trips to other regions and countries, how to do it, none of this is not spelled out. Can a “remote” worker from a business trip to give, is also unclear. Experts fear that the time travel rules for the new format there are no jobs, then the employers will decide: such employees are better from home do not tear, and promising trips to equip those who remained in office the ranks.
– From remote employees also need to be able to travel in the direction of the employer. Propose to enshrine it in the Labour code, specifying the wording with the features of remote work, – said Commissioners.
Finally, onf proposes to enshrine in law an exhaustive list of grounds for dismissal of a remote employee. It is necessary to protect workers – that they are not removed udalenke at the whim of the chef. While no such list. Although the problem was declared by the parliamentarians-the developers of the law on remote employment.
“From the judicial practice, there are situations where unscrupulous employers in a conflict situation recorded temporary “udalenka” like truancy, and unscrupulous workers tried to convince the court that he worked from home with the consent of the employer, and such was not” – complained the deputies in the explanatory note to the bill.
