Distance employment contract. Sample employment contract on remote work (with a remote worker)

What is remote work, how does it differ from home work, what advantages does an employer have when hiring a remote employee?

The specifics of regulating the working conditions of remote employees are determined by Chapter 49.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) in Articles 312.1-312.5. Distance work, in accordance with this standard, is work that can be performed away from the workplace. At the same time, the legislator does not determine the list of places where it is possible to perform a labor function, i.e. such an employee can work at home, in a cafe, in transport, in another city, abroad, etc.

The Institute of Remote Work is relatively new for Russia, introduced by the Law “On the Introduction...” of April 5, 2013 No. 60-FZ.

At the same time, in practice, many people confuse remote work and home work, which is regulated by Chapter 39 of the Labor Code of the Russian Federation. From Art. 310 of the Labor Code of the Russian Federation it follows that homeworkers are engaged in the manufacture of products in natural material form, that is, they perform exclusively a production function (tailoring, assembling any products, etc.). Remote employees do not produce anything tangible; the result of their activities is not material assets, but information, information or intellectual property. As a rule, designers, editors, auditors, proofreaders, etc. work remotely.

Benefits for the employer

The advantages of remote work for employers include the following:

1. Minimizing costs: there is no need to organize a workplace, provide technical means for work (computers, office equipment), their maintenance, or office rental.
2. Less paperwork and legally significant actions: no need to obtain permits from government authorities (for example, fire safety authorities or sanitary inspection), there is no need to comply with labor protection requirements in full.
3. Less likely to be brought to administrative and other liability: since the employer has fewer responsibilities, there is less chance of being held accountable for non-compliance.
4. The opportunity to work with specialists who are located outside the locality - the employer’s location.
5. No transport problems.

Parties to an employment contract on remote work

Consideration of the parties to a remote employment contract is important in order to understand whether all categories of employers have the right to hire employees to work remotely and whether all workers can work in this mode.

The law does not provide any restrictions on the status of the employer. Thus, it can be any person or organization from those listed in Art. 20 of the Labor Code of the Russian Federation (legal entities, individual entrepreneurs, individuals, notaries, lawyers, etc.).

As for employees, these may be citizens of the Russian Federation who have reached the age of 16 (Part 1 of Article 63 of the Labor Code of the Russian Federation), although with the permission of parents and guardianship authorities it is also possible to conclude contracts with persons who have reached only 14 years of age. However, this does not apply to foreign citizens who can work in the Russian Federation only upon reaching their 18th birthday. The maximum retirement age for this category of employees has not been established, which indicates the possibility of concluding employment agreements with employees who have crossed it.

Features of an employment contract when working remotely

Due to the abundance of specific features of remote work, the content of the employment contract with employees in this case also differs significantly from the standard one. Moreover, the form of the agreement may also differ.

By virtue of Part 1 of Art. 312.2 of the Labor Code of the Russian Federation, an employment contract with a remote worker may (but should not) be concluded by exchanging electronic documents between the parties. When choosing this method of formalizing the relationship, the employer is obliged to send a written copy of the employment contract to the employee by registered mail with return receipt requested. This must be done within three days from the date of conclusion of the contract.

To sign an electronic contract, the parties to the labor relationship must have electronic digital signatures (Part 4 of Article 312.1 of the Labor Code of the Russian Federation). You can read about the procedure for obtaining an electronic signature in one of the subsequent sections of our article.

Specific terms of the contract

The contract must provide for the following specific conditions:

1. An indication that the nature of the labor relationship is remote, which follows from Part 2 of Art. 57 Labor Code of the Russian Federation.
2. Information about the period during which the parties must send each other confirmation of receipt of electronic files from each other, which follows from Part 4 of Art. 312.1 Labor Code of the Russian Federation.
3. An instruction to an employee that he is obliged to use equipment and software provided by the employer or recommended by him. This condition is optional, that is, it is not necessary to be included in the contract. In addition, the contract may include information on the procedure for the employer to reimburse the employee’s expenses for equipment and software. If a worker uses the employer’s equipment and programs, the latter is obliged to familiarize him with the labor protection requirements when working with them.
4. Information on the procedure and timing for the employee to submit reports on the work done (Part 1 of Article 312.3 of the Labor Code of the Russian Federation).
5. The procedure for terminating the contract at the request of the employer, which is provided for by agreement of the parties (Article 312.5 of the Labor Code of the Russian Federation).
6. Notification that information about the employee’s work is not entered into the work book if there is an appropriate agreement (Part 6 of Article 312.2 of the Labor Code of the Russian Federation).

In addition, the contract can (but is not required) specify the employee’s working hours and rest hours. If this is not specified, the employee chooses the procedure for performing duties independently. Additionally, it is necessary to stipulate the procedure for granting vacations.

Rights and obligations of the parties

Almost all requirements of the Labor Code of the Russian Federation apply to remote employees, but subject to the exceptions provided for in Chapter 49.1 of the Labor Code. This applies to the rights and obligations of employees specified in Art. 21 Labor Code of the Russian Federation. We will not repeat them, since those who wish have the opportunity to familiarize themselves with them in the corresponding article (in addition to the rights and responsibilities of employees, it talks about the rights and responsibilities of employers).

A feature of remote work is that the employee is obliged to comply with labor protection requirements only if he works with equipment and tools that were provided by the employer or recommended by him, which follows from Part 2 of Art. 312.3 Labor Code of the Russian Federation. The employer, in turn, in all cases is responsible for conducting an investigation of accidents and recording occupational diseases, as well as fulfilling the requirements of State Labor Inspectorate officials. In addition, he is obliged to provide compulsory social insurance for employees against industrial accidents and occupational diseases.

It is important to note that in fact the employee is deprived of the right to a workplace, but this cannot be attributed to circumstances that infringe on his labor rights due to the remote nature of work. An essential feature in this case is that the worker’s place of service is not subject to special assessment (SEAT). In addition, due to the possibility of an employee establishing a work schedule on his own, he can overwork, that is, violate his right to normal working conditions, however, due to the peculiarities of remote work, this will not be recognized as a violation.

How to draw up an employment contract for remote work. Contract structure

A distance contract with an employee is drawn up according to the general rules provided for by the Labor Code of the Russian Federation, taking into account the specifics of Chapter 49.1 of the Labor Code of the Russian Federation. The content of the employment agreement is determined by the provisions of Art. 57 of the Labor Code of the Russian Federation, the legislator does not establish the form of the agreement, leaving the parties the opportunity to develop it independently. At the same time, it is necessary to pay attention to the fact that the legislator does not highlight separate requirements for the content of the contract in electronic form, i.e. it is identical to the content of the paper contract.

In any case, it is advisable to include the following sections in the contract (the sample contract with a remote worker, presented at the link below, has a similar structure):

1. A header in which it is necessary to reflect the place, date and number of the agreement, as well as the data of its parties.
2. General provisions and information about the subject of the agreement. This section specifies:

• place of work;
• labor function;
• address of the workplace;
• information about the duration of the contract, the start date of work;
• procedure for exchanging electronic documents;
• conditions for filling out/non-filling out the work book by the employer.

1. Rights and obligations of the parties (taking into account the above features).
2. Time of work and rest.
3. Payment procedure.
4. Responsibility of the parties.
5. Procedure for changing and terminating the contract.
6. Final provisions.
7. Addresses and details of the parties.

A sample employment contract with a remote worker can be downloaded from the link:

Electronic digital signature for concluding an agreement with a remote worker

Since an essential feature of concluding this type of agreement is the possibility of their execution in electronic form, it is necessary to clarify what an electronic digital signature is. To draw up an employment agreement, the employee and the employer are required to have an enhanced qualified electronic signature (hereinafter referred to as ECES), which follows from Part 4 of Art. 312.1 Labor Code of the Russian Federation. A document signed by UKEP is equivalent to a paper one, i.e. with handwritten signatures of the parties, which follows from the provisions of Part 1 of Art. 6 Federal Law “On Electronic...” dated 04/06/2011 No. 63.

To use UKEP, you must obtain a qualified signature verification key certificate, which is issued by an accredited certification center. You can read about the procedure for obtaining UKEP in the corresponding article.

Features of an employment contract with a part-time remote worker

By virtue of Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote employees are subject to the requirements of the Labor Code of the Russian Federation and other acts, taking into account the features enshrined in Chapter. 49.1 of the Labor Code (in the sample employment contract with a remote worker presented above, we took these features into account). It is also worth noting that, within the meaning of the provisions of Part 3 of Art. 312.1 of the Labor Code of the Russian Federation, remote workers are also subject to the requirements of the Labor Code of the Russian Federation for part-time work.

The general requirements of labor legislation apply to hiring an employee for part-time service. In this case, the contract must additionally indicate that the work is a part-time job and not the main one. The question arises: how to reflect the conditions on the part-time work regime, if during remote work it can be determined at the discretion of the worker? In this case, you can specify any operating mode, taking into account the provisions of Part 1 of Art. 284 of the Labor Code of the Russian Federation, since it is assumed that the employee is engaged in remote work in his free time from part-time work.

Thus, an employment agreement with a remote employee differs in content from a similar agreement with a regular employee. When concluding it, it is necessary to be guided by the provisions of Chapter 49.1 of the Labor Code of the Russian Federation, which are special in relation to the general norms of the labor code. A sample remote employment contract, available for download from the link above, will allow you to draw up an individual, legally competent document with minimal effort.

An employment contract on remote work must be concluded with an employee of an enterprise who performs his duties outside the employer’s territory. A sample of this document will be discussed in detail below.

What is remote work

In the Labor Code of the Russian Federation, remote work is highlighted in a separate chapter 49.1, which was introduced in 2013. It provides signs by which you can distinguish remote work.

The main sign that the work is remote: the employee will perform his work functions in a place to which the employer has no connection. If the employment contract does not specifically specify the place of work (for example, home address), then the employee determines it himself.

The same applies to the work schedule: either it is established in the contract, or the employee himself determines his working hours.

The following issues are also regulated here:

• The procedure for concluding, amending and terminating employment contracts;
• Labor protection rules for remote workers;
• Working hours when working remotely;
• Rules for drawing up and signing an employment contract and other documents.

Another feature of remote work is that, with the consent of the parties, a work record book may not be kept.

Remote work agreement

The text of the employment contract for remote work must contain all the conditions provided for by the Labor Code.

Employment contract for a remote worker

A sample of such an agreement can be drawn up on the basis of a regular one, making changes to the following points:

• Place of work: regular contracts indicate the name of the organization, or the location of the workplace if it differs from the legal address of the employer. When working remotely, you can indicate any place to which the employer has no connection, or give an explanation that the employee is remote and decides where he will work;
• Work schedule: When working on the employer’s premises, the work schedule is a mandatory requirement. For a remote worker, a schedule can only be established if it is specified in the employment contract; if this clause is missing, then the employee will determine the work schedule himself.

Note! In order for the content of the employment contract to meet all the requirements of Art. 57 of the Labor Code of the Russian Federation, it is better to include a clause on the work schedule, even if it contains a condition for independently establishing a work schedule.

An employment contract with a remote worker can also be supplemented with a clause stating that the parties agree not to keep a work record book for the employee.

Also, the text of the document may include the conditions for the provision and use of various tools for work and compensation for them from the employer if the employee uses personal ones.

Employment contract with a remote worker: sample 2017

Below are a few specific entries that may be included in a remote worker's employment contract.

Sample employment records:

Sample work schedule entry:

1. The employee independently determines the work schedule, but he must be on call from 9-00 to 12-00 every day, with the exception of weekends and holidays;
2. The employee carries out job duties from 9-00 to 18-00 hours, a break from 13-00 to 14-00 hours, a day off on Saturday and Sunday.

Sample work record entry:

The parties agreed that the Employer may not keep a work record book for the Employee.

A full example of an employment contract with a remote worker can be downloaded below.

Conclusion procedure

In order to conclude an agreement with a remote worker, a sample document is sent to him using publicly available means of communication, for example, by email. The employee signs it with an enhanced qualified electronic signature and sends it back. After this, the employer is obliged to send him a paper version of the contract within three days.

Note! Permission to conclude an agreement through the exchange of electronic documents does not mean that a remote worker cannot come to the company’s office and sign all documents in the usual way. In addition, for approval, the contract can be sent by regular mail or courier.

If a person performs his work function at home or in any other place, with the exception of the employer’s territory, then an employment contract as a remote worker is concluded with him. The sample of this document is practically no different from ordinary contracts, with the exception that the employee’s home address is indicated as a working meta, or a note is made that he has the right to independently choose the place to perform job duties.

Many companies are hiring employees who will perform their duties not in the office, but remotely. But it is necessary to conclude an employment contract with a remote worker. Check out the agreements using the 2019 Remote Worker Employment Contract sample.

Remote workers are often invited. This form of cooperation is convenient for both parties: the employee does not waste time on travel, and the employer does not waste money on providing a workplace, etc. But such personnel must be employed according to general rules. This includes drawing up an employment contract with the remote worker. Let's look at a sample employment contract with a remote worker, which will be useful in 2019 so that you can check your remote work agreements.

Distance employment contracts are subject to special legal provisions

By remote work we mean that the employee works:

• not in the company’s office or on the premises of the enterprise;
• outside the objects that the company controls in one way or another;
• without a stationary workplace.

Travel work is not remote.

To interact with each other, the company and the remote employee use telecommunications networks - in particular, the Internet. Legal regulation of the process is carried out in accordance with the provisions:

• . This law applies to cases where an employee needs to use a digital signature to authenticate documents he sends to an employer;
• general norms of the Labor Code of the Russian Federation.

Including when a company organizes remote work, employment contracts with such personnel are necessary.

Features of an employment contract with a remote worker

If an employee has to work remotely, an employment contract is drawn up according to general rules. This means that you need to create a document taking into account the requirements of Section III of the Labor Code of the Russian Federation - in particular, Articles 56 and 57. In addition, there are provisions of Art. 312.2 of the Labor Code of the Russian Federation, this article lists the features of an employment contract with a remote worker. For example, an employment contract for a remote worker includes the following terms:

• on the procedure and timing for submitting work reports;
• regarding the equipment that the employee will use (the company can provide the technical equipment, or the employee uses his own hardware and software);
• on the procedure for reimbursing an employee for expenses for communication services, etc., necessary for work;
• special regime;
• additional grounds for termination of the contract at the initiative of the employer.

Check the agreement using a sample employment contract for a remote worker

Let's consider a sample employment contract with a remote worker that can be used in 2019. Using this document as an example, you can see what is included in an agreement of this type.

The first part of the document - the preamble and the general section - indicates information about the parties and the nature of the agreement. Including:

1. The place of concluding an employment contract with a remote worker is the location of the employing company.
2. Date of document execution. If the employee began working before the agreement was drawn up, the document must be ready within a maximum of three days from the start of work.
3. Labor function and place of work. You need to enter the address of the place where the new employee will perform duties - for example, home address.
4. If a company signs a remote employment contract with a limited term, it is necessary to justify the establishment of the term.
5. Work start date. In its absence, the new employee is obliged to start working the next day after the conclusion of the contract.
6. A note that the employee has been familiarized with the rules of procedure that relate to his direct activities.
7. A note indicating whether an entry needs to be made in the work book.

The sample employment contract for remote work indicated the conditions of operation and use of equipment

The main part of the employment contract for a remote worker is the same as how it is drawn up for office employees or employees of an enterprise. But since his activities will be controlled differently than the work of incoming personnel, it must be written that the new employee will act in accordance with the procedure established in local regulations. In addition, in the case of remote work, the employment contract must contain the following note:

• what equipment will the employee use,
• under what conditions will this equipment be transferred to him?

The remote work agreement usually does not detail what schedule the employee must work according to. As a rule, such employees are given the right to independently set their work and rest schedule, taking into account the total required number of working hours per week.

The original paper document is sent to the employee by mail. The company should receive an email from the employee with the appropriate electronic signature indicating that the remote worker has received an employment contract.

Today, an employment contract must be concluded between an employee and his employer. This point has been approved at the legislative level. This also applies to employees who work remotely, remotely from the employer.

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Peculiarities

In accordance with labor legislation, interaction between an employee and an employer must necessarily be carried out within the framework of an employment agreement.

This document must be concluded without fail. Otherwise, there is a high probability of difficulties with the labor inspection.

An employment contract with remote work with a seller or an employee in another position has a large number of different features.

Typically, such features are simply reflected in a separate clause directly in the employment agreement itself.

For example, if work and all interactions with the employer are carried out via the Internet, then this item may include the following:

• to implement labor functions, the employee uses the global Internet;
• when performing his immediate duties, the employee is obliged to use the employer’s email address;
• The employee must independently provide himself with everything required for work:
  • computer;
  • telephone line with Internet access;
  • modem;
  • to others.

Usually all the above points are disclosed in detail. It should be remembered that the list of items in this section always depends on the format of the work itself, as well as other working conditions.

The employee needs to pay maximum attention to this section when reading the employment agreement. Since for the most part it is the only thing that differs from a standard employment contract.

Conditions

The terms of the agreement are also reflected in it. This item usually includes the following points:

• a certain amount of official salary is established;
• it indicates which payments can be paid additionally to a remote employee;
• compensation is established for the use of various types of hardware and software, for example:
  • for using your own personal computer;
  • for operating a telephone line;
  • reimbursement for the use of Internet provider services;
• the employee is obliged to fulfill his duties on time, the employer must transfer the established wages.

Also, the list of conditions can be supplemented with a large number of different other items. Their content primarily depends on the type of work performed and other characteristics.

The section in each case will be individual and formed depending on many factors. You just need to remember not to violate labor laws.

Otherwise, the contract will be considered illegal. Moreover, in some cases this is allowed pre-trial – if the violation is really serious.

The employer should definitely include in the type of document in question the section “grounds and procedure for terminating the contract.”

This will allow you to avoid litigation, other difficulties when terminating the agreement, or dismissing an employee. Because sometimes circumstances arise that make continued cooperation simply impossible.

This section can include:

• lack of workload from the employer;
• transfer or transfer to another position;
• violation of the rules of the agreement - if this makes further work impossible to continue.

At the same time, termination of an agreement of the type in question is possible on the basis of the relevant section of the Russian Federation.

It is important to avoid violating the procedure for dismissing an employee. Otherwise, this process may be canceled and declared illegal. And the employee will simply be reinstated in his position.

An employment contract with an employee operating remotely does not have an established format in law.

Therefore, in most cases it should be compiled individually. The situation is similar with the terms of interaction between an employee and his employer.

Conclusion and its sample

The format of this type of agreement itself has a number of features. But for the most part, it does not differ from the standard agreement with a regular employee (not remote).

The type of agreement under consideration should include the following main sections:

• date, place of conclusion of the agreement;
• names of the employee and employer;
• subject of the contract;
• contract time;
• rights and obligations of the employee/employer;
• features of remote work;
• compensation and guarantees;
• rest and work schedule;
• terms of payment for the work;
• the right to the results of work;
• grounds and procedure for termination;
• liability of the parties;
• additional conditions;
• list of applications;
• addresses and details of the parties;
• signatures of the parties - with transcript.

If possible, it is worth paying maximum attention to the “right to the result of work” section. In some cases, remote work (via the Internet, or otherwise) involves activities of an intellectual nature.

It is important to consider: who exactly will ultimately own the right to the final product of intellectual activity. Also more important is the question: will the registration of intellectual works be carried out in an appropriate manner?

Most often, labor disputes arise precisely in connection with the lack of coverage of the issue of intellectual rights.

It is important to cover this point in the agreement in as much detail as possible, avoiding various ambiguous expressions. Judicial practice on this matter is extremely ambiguous. There are many different complexities.

Features of an employment contract with a part-time remote worker

The term “part-time work” means performing any paid work in your free time. It is important to remember: in the case of part-time work, the employment contract may be concluded for a fixed-term period.

This is provided for and permitted by labor legislation. Often there is such a format of employment agreement as remote part-time work.

It is important to remember that such an agreement is regulated by the relevant sections of the Labor Agreement of the Russian Federation:

Part-time work has the following main features:

• Part-time employment with different employers is allowed - if this does not contradict current legislation;
• in the above case, two employment agreements are required;
• if part-time work takes place with one employer, then the work must be performed within the framework of one profession;
• the contract must reflect the type of part-time job:
  • external;
  • interior;
• an agreement can be concluded only upon provision of certain documents;
• making a corresponding entry in the employment record is not necessary, but it can be done if the employee wishes;
• wages are usually set in proportion to the time worked;
• There is a limit on working hours:
  • 4 hours a day;
  • 16 hours per week;
• a part-time employee has the right to all social guarantees reflected in the Labor Code of the Russian Federation (sick leave, etc.).

There are quite a large number of different specific points. It should be remembered that a part-time employment contract differs from a similar document, but drawn up in the case of combining positions. These two agreements constitute different agreements.

With a foreigner

Today it is allowed to draw up an employment contract with a foreign remote worker. This point is covered in sufficient detail in the legislation in force on this matter. The fundamental legal act is Federal Law No. 115-FZ of July 25, 2002.

In accordance with current legislation, the employer has the right to attract foreign citizens only to perform certain job duties.

In this case, when concluding a part-time employment contract with a foreign worker, you will need to provide the following documents:

• passport, any other document that confirms identity;
• work book;
• SNILS;
• document confirming qualifications.

Also, when concluding an employment contract, a foreign worker will also need to submit the following documents:

• VHI policy;
• special work permit or patent.

All aspects of concluding an employment agreement with a foreigner or stateless person are considered in as much detail as possible in the Labor Code of the Russian Federation.

In accordance with this regulatory document, the following must be specified in the agreement:

• about a patent or permission to carry out labor activities by a foreigner;
• for a temporary residence permit in the country - if this is required for remote work.

It will also be necessary to reflect in the employment agreement all the points specified in the Labor Code of the Russian Federation. It should be remembered that compliance with the points outlined in this regulatory document is strictly mandatory.

Violation of articles of the Labor Code of the Russian Federation is not allowed. Otherwise, the employment contract will be declared invalid and illegal.

Urgent

Forms of employment contracts for remote work have different types. It is also possible to conclude a fixed-term employment contract.

Such an agreement concluded with a remote working employee has the following main features:

• if at the time of expiration of the agreement it was not terminated, then the contract from a fixed-term one automatically becomes indefinite;
• it is not allowed to establish a probationary period if this agreement format is used;
• if the contract was concluded for a period of less than 2 months, then severance pay is not assigned;
• all compensation and vacations are calculated using the formula “two days for 1 month of work”;
• if the employee, on his own initiative, decides to terminate his employment relationship, he must notify his employer no later than 3 days in advance;
• The duration of an agreement of this type must be specified - otherwise, immediately after signing, the agreement will be recognized as unlimited;
• The legislation does not provide for the possibility of extending the type of contract in question - only its termination is possible or it can be immediately converted into an open-ended one.

Taking into account all the existing features, it will be necessary to take into account the effect of all other provisions of the Labor Code of the Russian Federation when drawing up a fixed-term employment agreement.

We’ll look at how to correctly draw up an employment contract on remote work together with Irina Savelyeva, head of HR projects at SKB Kontur.

Let's denote the distance

The HR department employee and the head of the enterprise need to understand that such an employment contract can only be concluded with those employees who can perform their work remotely, via the Internet. Therefore, in the “Subject of the contract” section, be sure to write down the main characteristics of a remote worker:

• the employee performs his labor functions outside a stationary workplace controlled by the employer;
• For work and interaction between employer and employee, public information and telecommunication networks, including the Internet, are used.

The hiring date and probationary period are documented in a standard manner. But in the “Place of work” column you should indicate the employee’s address. This is not necessary, but it is important if the place of residence of the “remote worker” is one of the regions of the Far North or an equivalent area. You will have to pay all the required allowances to such an employee. In addition, the location of the remote worker, different from the location of the employer, will allow trips to the parent organization to be registered as business trips with all payments due.

Rights and responsibilities: how to protect yourself?

Most of the provisions of the “Rights and Obligations of the Parties” section of the contract with a remote employee do not differ from the provisions of a standard employment contract, but it should include several additional clauses. We are talking, for example, about the employee’s obligation to use equipment, software and hardware, information security tools and other means provided or recommended by the employer. This is necessary if the information that the remote employee will work with is a trade secret or contains data on any know-how.

If you need to strictly control a remote employee, record the timing of contacting you through available means of communication: “The employee must be available for requests from the Organization using the telephone or Skype from 10:00 to 16:00 on weekdays.” Here, in the employee’s responsibilities, indicate the procedure and deadlines for submitting reports on the completion of work. The more specifically you write: before the 15th of each month, every Monday, second and fourth Friday of the month, the fewer controversial situations will arise in the future.

Since communication with the employer, setting tasks, transferring the finished product and/or reporting in most cases occurs via the Internet, the employment contract for remote work should define the format of feedback and the timing of confirmation that the other party has received the information. This could be a reply letter, SMS message, phone call.

In the “Employer's Responsibilities” section, in addition to the mandatory clauses on compliance with the Labor Code of the Russian Federation, timely payment of wages, etc., indicate the conditions for compensating the employee for costs associated with the performance of labor functions: expenses for the Internet, mobile communications, rental of equipment and a workplace in a coworking space, and etc.

Particular attention should be paid to the employer’s responsibilities in the field of labor protection. In relation to a remote employee, the organization must comply with the requirements of paragraphs 17, 20, 21 of Art. 212 of the Labor Code of the Russian Federation and familiarize employees with the rules for working with equipment and tools recommended or provided by the employer. The remaining paragraphs of Art. 212 does not apply to remote workers.

In most cases, a remote worker sets his or her own working and rest hours. However, the employer may insist that the employee devote at least a certain number of hours per day/week/month to work. This clause of the employment contract may look like this: “The Employee’s working hours and rest time are established by the Employee at his own discretion, taking into account the need for interaction between the employer (Organization) and the Employee on issues related to the performance of work. The working week is 30 (thirty) hours. Days off are Saturday and Sunday."

Why do you need to so scrupulously prescribe the reporting mode and feedback format? Violation of these provisions by a remote employee may be grounds for termination of the employment relationship. The Labor Code of the Russian Federation allows the inclusion of additional conditions for its termination at the initiative of the employer into the employment contract for remote work (Article 312.5). For example, if an employee twice sent a report late, has repeated complaints about the quality of the reports submitted, does not communicate within the agreed time frame, etc. - all this is a completely legal basis for dismissing a remote worker, if this is stated in the employment contract.

Real worker - electronic “papers”

The procedure for preparing documents when hiring a remote employee is regulated by Art. 312.1 and 312.2 of the Labor Code of the Russian Federation. The employee receives the employment contract form by e-mail, enters his data into it, signs it with an enhanced qualified electronic signature - this is a requirement put forward by the Labor Code of the Russian Federation - and sends it back to the employer. This does not cancel the employer’s obligation to send a properly executed paper copy of the document by mail no later than three days from the date of execution of the electronic contract.

The documents required to hire a remote employee (Article 65 of the Labor Code of the Russian Federation): passport, diploma, work record book, military ID, certificate of compulsory pension insurance - can also be received by e-mail in the form of pdf files. You have the right to request notarized paper copies by mail.

However, the employer can specify the requirement for the personal presence of the employee at the time of conclusion and termination of the contract. Then the employee brings all the necessary documents with him.

Art. 312.2 allows for the option when, by agreement of the parties, information about remote work may not be entered into the work book; moreover, a remote employee may not have a work record issued at all, even if this is his first place of work. If the employee insists on making entries, he sends his work book to the employer by registered mail with notification. An employee working remotely receives a certificate of state pension insurance independently.

Also, via the Internet, the employee gets acquainted with local regulations (Article 68 of the Labor Code of the Russian Federation): job descriptions, provisions on remuneration, bonuses, business trips, information security, etc. The traditional familiarization signature is replaced by an enhanced qualified electronic one. In the same regime, in compliance with the deadlines established by law, the organization transfers to the employee other documents related to his activities: an additional agreement to the employment contract, notice of the beginning of annual paid leave, notice of changes in the terms of the employment contract, orders, instructions and other legal documents.

You must record all this in the employment contract: it can be included in a separate clause “Features of the organization of the employee’s work” or included in the clause “General provisions”. Don't forget to specify your email address, which will be used to communicate with the employee. Leave a field for the employee's email address.

In conclusion, I would like to repeat once again: you should not be afraid of remote employment. A remote employee means serious savings for the employer: there is no need to equip an additional workplace, spend money on a special assessment of working conditions, and much more. Fruitful and comfortable interaction largely depends on how detailed you write down all the conditions in the employment contract with a remote employee.