Remote Workers: A Complete Guide for the HR Officer and Accountant. Remote work: the nuances of formalizing labor relations

If an employee is hired in an organization who will work remotely, that is, work outside the company's office, then there are two ways to formalize an employment relationship with him. This can be the conclusion of an employment contract for telecommuting or home work. We will consider in more detail the differences between these two types of employment for “remote employees” in our article.

Telecommuting and home work: differences, similarities, legal requirements

Today, more and more workers “go online” and start working remotely via the Internet. Web-designers, copywriters, managers, programmers, consultants and representatives of many other specialties have today the opportunity to work from the comfort of their homes and from anywhere in the world. For employers, the registration of such employees "remotely" has a number of significant advantages. For example, there is no need to rent an office in order to keep a staff, buy office furniture, office equipment, pay utility bills and pay taxes. Today, representatives of many professions can simply work remotely, but at the same time they are officially on the staff of the company.

The concept of "home work" existed in the Labor Code of the country for a long time, but in the spring of 2013 Federal Law No. 60-FZ came into force, which amended certain legislative acts Russian Federation... In particular, the Labor Code of the Russian Federation was supplemented with Chapter 49.1 entitled "Features of labor regulation teleworkers". Thus, a new concept of "distance work" was introduced. Remote work has a number of legal features and important differences from home work. Let's consider them in the table.

Characteristic/	Remote work	Home work
Definition of the concept	Remote workers are persons who have concluded with an employer labor contract about remote work. Remote work is the performance by an employee of a function defined by an employment contract outside the location of the employer, its branch, representative office, other separate structural unit, outside a stationary workplace, territory or facility, directly or indirectly under the control of the employer, provided that it is used to perform this labor function and the implementation of interaction between the employee and the employer of information and telecommunication networks, including the Internet (Article 312.1 of the Labor Code of the Russian Federation).	Homeworkers are individuals who have entered into an employment contract to perform work from home. The work is carried out from materials and using tools and mechanisms that the employer will provide to the employee or that the employee will buy on his own at his own expense. (Article 310 of the Labor Code of the Russian Federation).
Activity	Telecommuters tend to engage in creative work or intellectual activity. Designers, journalists, copywriters, programmers, accountants, etc. can work remotely.	Home-based workers are engaged in the production of certain products at home, that is, handmade... At home, for example, seamstresses, packers, fountain pen collectors, etc. can work.
Working hours	If the employment contract for remote work does not stipulate a specific working time for a remote employee of the company, then he has the right to set the time and mode of work independently. (Article 312.4 of the Labor Code of the Russian Federation). At the same time, the employer has the right to keep records of the time worked by a remote worker; a time sheet can be kept based on the report of the remote worker.	Home-based workers do not obey the work and rest schedule established in the organization, and they have the right to perform their labor functions at any time convenient for them. That is, homeworkers set the work schedule independently. This is possible because wages depend on the amount of work performed, the delivery of finished products on time, and not on the amount of time worked.
Place of work	Remote work is carried out outside the location of the employer, branch, department, representative office, separate subdivision, outside a stationary workplace, territory or facility that is under the control of the employer. That is, a remote worker can work from anywhere in the world, at home or on the street - it doesn't matter. The only condition for remote work is the presence of the Internet.	Homework, as the name implies, is done at home.
Assessment of workplaces	The employer is not obliged to carry out certification of the workplaces of their telecommuters. (Article 312.3 of the Labor Code of the Russian Federation)	The employer is obliged to certify the workplaces of homeworkers, because homeworkers are subject to labor legislation and other acts containing labor law norms. (Articles 310 and 212 of the Labor Code of the Russian Federation)
Provision of workers with means of labor	A remote worker, as a rule, independently provides himself with the necessary office equipment at his workplace. At the same time, the labor contract with a remote worker should reflect such aspects as: the procedure and terms for providing the necessary equipment, software, information security means (if an employee needs them to perform work). If necessary, labor tools and other equipment can be transferred by the employer to his remote worker on a lease basis.	Work is done at home from materials using tools, mechanisms that have been allocated by the employer or purchased by the home worker at their own expense. Family members may participate in the work assigned to the homeworker. In this case, labor relations between the employer and family members of the homeworker do not arise. An employment contract with a homeworker determines the provision of raw materials necessary for the implementation of work, materials, semi-finished products, as well as payment for manufactured products, reimbursement of funds spent by the homeworker on materials, as well as the procedure and terms for the export of finished products.
Equipment depreciation compensation	The amount, procedure and timing of payment of compensation for the use of teleworkers owned or rented equipment, software and hardware, information security is determined by the labor contract on teleworking. (Article 312.3 of the Labor Code of the Russian Federation)	In the event that a home-based employee of an organization uses his own mechanisms, devices, equipment and tools for work, the employer is obliged to pay him compensation for their wear and tear. (Article 310 of the Labor Code of the Russian Federation). An employment contract with a home-based worker must stipulate the procedure, terms for payment of compensation, reimbursement of other costs associated with performing work at home.
Labor protection of workers	With regard to its teleworkers, the employer is obliged to investigate and record industrial accidents and occupational diseases; comply with the instructions of state bodies exercising supervision in the field of labor; to carry out compulsory social insurance of employees against industrial accidents and occupational diseases; to acquaint employees with labor protection requirements. (Article 312.3 of the Labor Code of the Russian Federation). Other obligations to ensure safe conditions and labor protection for the employer apply only if they are spelled out in the employment contract for remote work.	The employer is obliged to provide an employee performing work at home in full and in the same way as any other employee of the organization. This requirement is provided for in article 212 of the Labor Code of the Russian Federation "Obligations of the employer to ensure safe conditions and labor protection". It must also be remembered that the work entrusted to the home-based employees of the company cannot be contraindicated for them for health reasons, and all types of home-based work should be performed only in conditions that meet the requirements of labor protection (Article 311 of the Labor Code of the Russian Federation).
Document flow	Both paper and electronic document flow can be carried out between the employer and the remote worker. In cases where, when hiring a remote worker, he must be familiarized with the local regulations of the company, orders of the employer, orders, notifications, requirements in writing against his signature, then the remote worker has the right to familiarize himself with them by electronic document management and also use for signing required documents its enhanced qualified electronic signature. For employment, a teleworker can send documents to the employer either in person or by e-mail. That is, an employment contract with a remote worker can be concluded via the Internet, and the employer must send a certified copy of it to his employee by mail. by registered mail with a notice within three days (Article 312.2 of the Labor Code of the Russian Federation). All documents necessary for the employer to formalize an employment contract with a remote worker can be sent to him by registered mail with notification.	The employee delivers all documents required for the employment of a home-based worker to the employer personally and in printed form. In the office of the organization, the homeworker must familiarize himself with the documents, regulations, job responsibilities, and the collective agreement against signature. An employment contract with a homeworker is concluded only in writing, and the contract itself must necessarily indicate the nature of the work - “Work at home”. When working from home, all documents between the employer and the employee are transferred on paper.
Employment book entry	Information about remote work may not be entered in the employee's work book by agreement of the parties.	The record of work in the work book of a home worker is the same as for all other "Not home" employees of the company. At the same time, there is no need to make any special explanations and clarifications that the employee will perform his duties at home.
Termination of an employment contract	The Labor Code allows an employer to terminate an employment contract with their teleworker remotely, meaning that their personal presence is not required. To do this, a resignation order must be sent to the employee's e-mail. After the telecommuter has verified the order with his electronic signature, he must send the document back to his employer. A certified copy of the order must be sent to the remote worker by registered mail with notification (Article 312.5 of the Labor Code of the Russian Federation). Further, the employee must be made a full cash settlement. A remote worker can be dismissed on the general grounds provided for in Article 77 of the Labor Code of the Russian Federation, and on other special grounds provided for in his employment contract.	The grounds for terminating an employment contract with a homeworker must be stipulated in his employment contract. (Article 312 of the Labor Code of the Russian Federation). In general, labor relations with a home worker, as with any other category of workers, can be terminated in accordance with the reasons provided for in Article 77 of the Labor Code of the Russian Federation. Upon termination of an employment contract, the personal presence of the employee is mandatory, as well as his personal signature of all documents. When dismissing a homeworker, the employer must adhere to general order in accordance with the Labor Code of the country.

In general, experts note that the employer has the right to independently choose the option of formalizing labor relations with his remote employee, depending on the specifics of his work in each specific case. Both options have their pros and cons for the employer. But there are some points that employers should pay attention to when registering labor relations with remote employees.

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Important to remember!

Many employers ask the question: is the place where the remote worker carries out his labor activity, a separate structural unit of the organization? This issue is important primarily because in connection with the emergence of a separate structural unit, the employer has a new obligation to pay taxes and register such a unit with the tax authorities. In accordance with the Tax Code of the country, stationary jobs should be created at the location of a separate structural unit. A workplace is stationary if it is created for a period of more than one month. But is the teleworker's workplace permanent?

Based on the definition given in Article 312.1 of the Labor Code of the country, teleworking does not have signs of the work of a separate division of the organization, which means that the conclusion of a contract with an employee on remote work does not lead to the emergence of a separate division. Consequently, there is no need to register a remote worker as a separate structural unit of the company with the tax authorities.

It is becoming more and more popular with employers to hire employees who work remotely. This is a convenient form of relationship in cases where the specifics of work activities allow working at a distance.

Registration of a remote employee - basic provisions

Remote workers- a new category of personnel who fulfill their labor obligations outside the office. There are undeniable advantages for the employer. There is no need to maintain a large office, because the equipment of the workplace is also expensive. It is much more convenient to hire a qualified specialist who can work at home, fulfilling the terms of the employment agreement.

The recruitment of a teleworker must be in accordance with applicable legal regulations. Such workers are called freelancers or remote workers. Usually, a category of employees is invited to such work, whose duties are not associated with close contact with other specialists. Accountants, lawyers, designers, programmers and some other employees.

The registration of a remote employee is regulated by the Labor Code of the Russian Federation. In the recent past, amendments were made to the legislation that regulate the relationship of the labor process on a remote basis. Employees have the opportunity to formalize with payment wages and deduction of due taxes, pension contributions (see).

Since 2013, amendments to the Labor Code have made it possible to formalize a teleworker. Relationship form in this case between the employer and the employee - an employment contract for teleworking. All requirements on this issue can be found in article 49.1 of the Labor Code of the Russian Federation.

Not all employers know how to hire a remote employee. To conclude an employment agreement, there are some features that must be taken into account:

Availability of electronic documents for certification.
Electronic correspondence between the parties to the employment agreement is considered valid only if there is an electronic signature.
Both parties to an employment agreement must accept electronic signatures.

In order to avoid controversial points when concluding an employment contract and when it is terminated, it is better to draw up all documents in hard copy and send by mail with delivery notification.

The law contains strict requirements for regulating the conclusion of a distance contract. So that in the future there will be no controversial issues, it is necessary to clearly regulate all the subtleties of cooperation. Today, formalizing a remote employee is a requirement of the time.

An employment contract with a remote employee contains a number of mandatory clauses:

Determination that this work is remote.
The address where the employee works.
Working hours during the week.
A clear definition of the form in which the report on the work done is presented.
Social guarantees received by a remote employee.
When reimbursing the costs of paying for the Internet, mobile communications, renting a workplace and other costs that the employer pays, everything should be reflected in the employment contract.
Job responsibilities of the employee.
Responsibility of the parties under this agreement.

Hiring a remote employee - choosing a form of cooperation

Today, it is more profitable for many entrepreneurs to hire a remote employee. The legal norm makes it possible to formalize remote employees under two different contracts:

Conclude an employment contract in accordance with the Labor Code of the Russian Federation.
Conclude a civil contract (for the provision of services, a work contract, a contract for the performance of work).

The second type of contract is preferable, if necessary, to perform a one-time short-term work. After the end of the relationship, an act of completed work is drawn up, according to which the remuneration is paid.

Interesting fact! The latest landmark example of expanding remote employment is the transfer by the Beeline mobile operator of a significant proportion of its employees to work outside the office. By the end of this year, the company can switch to remote mode from 50 to 70% of its employees. In the Tinkoff company, a significant part of the employees already work outside the office.

The conclusion of an Employment Contract under Article 49.1 of the Labor Law makes sense for long-term cooperation. In this case, the employer must do the following:

Conclude an employment contract ().
To acquaint the employee with the documentation for work.
Issue all documents that will be needed to perform duties.

The contract is considered to have entered into force after it is signed by both parties. The employee must have one copy of the document, this is mandatory. If desired, a record of employment is entered into. This can be done in person, or you can send the work book to the organization by mail.

Interesting fact! Scientists have found that those who work from home have a higher risk of stress and domestic conflicts than “office plankton”.

Persons working under a teleworking agreement are subject to all conditions and benefits as to other categories of employees. They are entitled to leave, sick leave compensation, maternity leave, etc.

There are general rules for dismissing an employee, regardless of the form of work. The legislation protects the interests of the employee, dismissal is regulated by Article 81 of the Labor Code of the Russian Federation. The grounds for termination of labor relations are gross violations of discipline, failure to fulfill obligations under the contract, disclosure of commercial or official secrets that became known during the performance of their duties, and more.

At the request of the employer, the reasons for dismissing the employee are reflected in the closed list of clause 5, part 1 of Art. 81.TC:

Absenteeism without good reason (you will be interested :).
Disciplinary action.
Performance of work, appearance at the employer in a state of alcoholic intoxication, use of narcotic or toxic substances.
Providing false information to the employer.
Theft of money or other valuable assets.
Loss of trust in the employee on the part of the employer.

At the same time, the Law provides for restrictions on the dismissal of a number of categories of persons. You cannot fire a mother with minor children if there are no other breadwinners. An employee who is on sick leave or on treatment can be dismissed after recovery. Pregnant women leave only if the legal entity that hired the employee ceases to exist.

Interesting fact! 42% of employees who constantly work at home or in multiple locations admitted to having trouble sleeping.

For the dismissal of a remote employee, the reason for dismissal is the reason specified in the employment agreement when hiring. The employer, before drawing up an employment contract for the hiring of a remote employee, must reasonably consider the reasons for dismissal (see).

The only limitation may be the absence of an employee due to illness. He can only be fired after returning to work duties in recovery.

Read about the advantages of using remote teams of employees and the correct management of personnel working remotely!

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Many managers have probably had to deal with the fact that their employee wants to “work from home”. How did you react to this? Chances are, you've imagined the employee having a fun time without thinking about work at all.

Modern technologies allow the employer not to worry about the fact that their subordinate "shirks" from performing their duties. The advent of smartphones and free Wi-Fi zones keeps this issue under control. Therefore, it is best if you take care of maintaining the integrity of the company.

In this article, you will learn:

5 options for finding remote employees
Step-by-step instructions for the correct recruitment of employees
6 best remote employee management tools

Who are remote workers

Remote employee

it is a specialist hired to perform specific duties. Moreover, it can be both full-time employees with whom the company has entered into an employment contract, and freelancers, that is, private specialists who are involved in performing any specific work (for example, developing a specific project).

In fact, the concepts of a remote employee and a freelancer differ significantly from each other and should not be confused.

According to forecasts, up to 20% of Russian citizens by 2020 will acquire the status of “remote employee at home”. Already today, some companies practice this form of work.

Pros and cons if an employee works remotely

Not so long ago, a survey was conducted in which 500 remote employees took part. The researchers were faced with the task of comparing the level of satisfaction of remote and office workers.

The specialists were very surprised by the results obtained. Remote employees have identified a number of advantages in their work system:

About 91% of respondents believe that they are more productive at home.
People like to work more seven days a week, but be less busy during the day (fewer hours). They feel happier than people who work outside the box (for example, at night, Saturday to Wednesday, etc.).
When assessing their level of job satisfaction (on a 10-point scale), the average score of remote employees was 8.1 points, and office workers- 7.4 points.
When answering about whether they are appreciated by management and colleagues, remote workers scored 7.9 points and office workers - 6.7 points.

Criticism from the management and analysis of the effectiveness of work by remote workers is perceived much easier than when working in an office (as a rule, this process is quite painful and is associated with certain problems).

However, remote work also has disadvantages, which are often not given due attention either by management or by the employees themselves.

The following are the results of a study aimed at identifying the negative impact of remote work on corporate culture:

Thus, 27% of remote employees could not fully work due to the lack of support from colleagues (correspondence and chat will not replace simple human communication).
When assessing relationships with other employees, the remote employee gave 7.9 points, and the office employee - 8.5 points (on a 10-point scale).
Employees who were forced to work with a remote work system felt more unhappy than those who did it voluntarily. This fact once again testifies to the social nature of a person, confirming the need for habitual interaction with colleagues and other people.

Based on the survey results, it can be concluded that the use of a remote work system is switching to new stage development. Now a remote employee can do much more in less time than an employee in the office can do in the same time.

Of course, the management will have to make a choice between a slight decrease in productivity and a deterioration in corporate culture, which is a consequence of the fact that employees do not know each other and are deprived of the opportunity to discuss their ideas and consult.

3 common misconceptions about hiring remote workers

Remote employees compromise company data

Some people believe that information leakage is inevitable if it is transmitted through third-party servers. However, the risk of leakage can be minimized by using the services of a highly qualified IT specialist.

In the arsenal of professional IT teams, there are many ways that have received worldwide recognition. Such remote employees can protect any manager's computer from unauthorized intrusion, since the use of cloud technologies makes it possible to work with special programs. In addition, the information will be more secure with VPN and two-factor authentication.

Naturally, if an employee wants to steal data, he will do it regardless of where he works: at home or in the office. So, the office mode of work does not guarantee one hundred percent safety, it all depends on human qualities.

Remote work raises costs

There is a widespread belief among employers that a remote employee is expensive because he needs to use additional technologies. But this, as a rule, is not true. Of course, sometimes the management has to spend some money on the purchase and delivery of equipment. But these costs pay off.

This is understandable. First of all, the employer is exempted from rent (office and furniture), from providing additional benefits (coffee, tea, photocopiers, etc.). In addition, there are countries in which the reduction of the company's carbon gas is reflected in taxes, and remote workers do not need to use transport every day to get to the workplace.

Submit your application

Remote work is killing company culture

A remote employee cannot fully experience the corporate spirit - this is true. However, the success of the company directly depends on the attitude of management towards their subordinates, and not on how often they can "chat" with each other. Therefore, only properly organized communication contributes to the preservation of corporate culture.

The task of the manager is to show that the employee is very necessary for the company and means a lot to it (especially if he works remotely). So, it is not at all necessary to regularly communicate personally with subordinates in order for employees to be positively disposed, and a friendly atmosphere reigned in the company.

Who is most often looking for remote work

A telecommuter typically falls into one of the following categories:

Women on maternity leave

Young mothers who want to earn some money. They can live in any city, and not necessarily in Russia. They are most suited to work with a free time schedule, to which they can devote about five hours a day.

This mode allows them to combine childcare, family life and earnings. Such women can be involved in both administrative and collective activities. The main thing is that the duties performed do not require adherence to a clear schedule (for example, communicating with clients by phone, accepting applications, etc.).

Main criteria: women under 38 years old living in the regions.

Preferred vacancies: social network administrator, operator of incoming / outgoing calls.

Possible risks: lack of work experience, failure to comply with the deadlines for completing the order.

People constrained by the labor market

We are talking about people who cannot find offline work due to the fact that they live in small settlements or are disabled. Often, the employability of such people is practically zero. Of course, life does not stop there, so they have to look for a way out of this situation, and remote work is a very good solution to the problem.

These can be specialists of completely different orientations and qualifications, who are suitable for any work schedule, since often this is the only way to make money and survive. For an employer, such a remote employee can be a real godsend. They often have to retrain because their previous work experience may not match what is required for online.

Main criteria: men and women of any age, without restrictions on the place of residence.

Preferred vacancies: any work. The main thing to pay attention to is the desire to work and the potential of the applicant, since these people are characterized by high self-organization and a sense of responsibility.

Possible risks: low professional skills.

Free artists

This category includes people who need to be free at a given period of time, or they like to travel. They feel comfortable when they can do the job with a cup of coffee in their hands, sitting in a cozy cafe.

Such a remote employee knows how to combine personal life and the process of "earning" for its worthy support. For some time we observed such people and came to the conclusion that they, as a rule, master such a field of activity, where “direct” communication with people is not required.

Main criteria: men and women of any age, without restrictions on the place of residence, with creative thinking.

Preferred vacancies: marketers, content managers, technologists or executive assistants.

Possible risks: low level of self-organization, violation of the deadlines for the delivery of work, a decrease in labor efficiency.

Experts

These are highly qualified specialists, true masters of their craft. Such employees use every opportunity for self-improvement and self-development. Of course, they can work equally effectively both at home and in the office, because the only thing that interests them is their work. They guarantee high-quality results because they have high professional skills.

Main criteria: most often, men who have a responsible attitude to work and have a high level of self-organization. They guarantee high quality of work.

Preferred vacancies: programmers, intellectuals, technicians, managers who manage remote employees, specialists of a narrow focus.

Possible risks: there are no professional risks, but they need to ensure high wages.

Search for remote employees: 5 options

Labor exchange

Various sites with job offers. Be sure to indicate in your ad: work from home or require a remote employee. Some recruiting resources and sites have separate sections that are labeled “teleworking”. For example, "From hand to hand", HH.ru, Rabota.ru and some others.

Social network

Enough efficient way if you need employees for remote work. You will need to develop a banner with a message about the vacancy. Then you launch targeted ads in popular social networks(Facebook, VK and OK). Also, you can place paid and free job advertisements in the thematic community.

In addition, you can visit the communities in which applicants post their resumes and get acquainted with the materials of users, leading groups, the subject of which is similar to your field of activity.

Territory of vacancy placement

It is very important to respect the geographic aspect of your search. For example, companies located in Moscow, when recruiting remote employees for regular positions, should pay attention to the regions. But, if you need a specialist high category then of course focus on large cities, because you are interested, first of all, in the professionalism of the applicant.

If you need an IT specialist, then it is better to use Ukrainian sites, practice shows what is concentrated there. a large number of very intelligent programmers.

If you need remote employees to work in a call center or other specialists whose duties will include communicating with customers by phone, then, of course, only Russian resources should be used here. It makes no sense to look for a literate and clean Russian speech in any other country or in the Russian outback (dialects, dialects and pronunciation may not have a good effect on work efficiency).

Specialized resources

There are many portals and resources that facilitate the search for highly qualified specialists, experts in their field. It is not difficult to find them if you enter the corresponding query into the search engine. Among them are such as Zarplata.ru, VC.ru and many others.

Freelance exchanges

Today, labor exchanges are becoming more and more popular, thanks to which it is possible to recruit employees for remote work. Of course, specialists who work "from order to order", in other words, freelancers, are most often registered there, but it is also worth taking a look there.

When writing your job posting, note that you are looking for a long-term partnership, not short-term work. In addition, we advise you to mention that you do not welcome part-time jobs in other companies.

Such platforms as freelance.ru, work-zilla.com, FL.ru and some others are recognized as popular freelance exchanges.

Hiring the Right Remote Worker: Step-by-Step Guide

Step 0. We decide for ourselves: why we hire remote employees

Before you start looking for your remote employee, you should answer the following questions:

What is the purpose of hiring a worker? What responsibilities will a remote worker perform? What kind production tasks will decide?
What qualities should be inherent in an employee so that he can successfully solve the tasks assigned to him? What education, qualifications, work experience should be?
What salary are you willing to pay? Set the minimum and maximum earnings (the amount should not be announced in an ad or at an interview, you must determine the acceptable limits, first of all, for yourself).

Step 1. Prepare a job description

If a vacancy is opened by such a popular company as Google, then the need for a detailed presentation disappears by itself. Job seekers understand that a decent company will offer a decent job. But if you are not already one, then people will know about you only what you tell them in the vacancy.

The text should be positive, honest and informal in order to evoke appropriate emotions in the reader. For example, you run a company with a team of young people, and the relationship between team members is more like friendships than business. This means that the dry, formal-business style of the text for your ad is simply not suitable.

Present the job opening the way you would suggest a good friend to become a member of your team. Do not forget to end with the words: "We are waiting for your resume at ...".

Also, remember to be honest. Agree, you will have a "pale appearance" if the employee is disappointed, not having received the promise and caught you in deception.

Step 2. We study the received resumes

Some are convinced that a resume cannot be of any value to an employer. We want to challenge this misconception. We believe that a resume is the first thing a candidate should submit for a vacant position. First of all, you will have the opportunity to get acquainted with some facts of the job seeker's biography: education, length of service and experience, previous place of work, etc.

At first glance, the presence of a "Hobby" section is not necessary at all. But we do not agree with this, because the interests of a person, what he does in his free time, can characterize him much better than any labor characteristics. Because this is something that is really interesting to a person, as he does it "for his own pleasure." It is this section that can reveal the true motivation of the future employee.

In addition, it is worth paying special attention to how the resume is formatted. For example, what do you think if a future remote employee sends you a document that contains a completely different recipient? Most likely, you will decide that he is not attentive enough or absent-minded.

Or maybe he is simply not interested in your proposal, and he sent the document “on the machine”? After all, for some reason he did not correct the name of the addressee company. Are you interested in this candidate? Unlikely. So it would be quite logical if you just thank the person for the information and participation.

So, the resume should be requested, but you should not believe everything that is written in it. Quite often it does not correspond to reality: someone can very nicely tell about themselves and be "no" specialist, and someone, on the contrary, is a top-class professional, but he could not draw up a resume correctly.

Step 3. We conduct a survey, narrowing the circle of candidates

If you are interested in someone's resume, invite candidates to answer the questionnaire. You can use Google Drive to create a form. It should not be too voluminous (10 questions are enough), first of all, informativeness.

The questionnaire should contain situational questions in order to have an idea of some of the professional skills of the candidate before the interview. For example, "What will you do in this kind of work situation?"

In addition, ask what salary the applicant expects. We are sure that a person should receive as much for his work as he wants. Therefore, if he announces a number that exceeds the one you are ready to offer, then further conversation is meaningless.

Even if you find a compromise, one of the parties will be unhappy: either an employee receiving an unsatisfactory salary, or an employer who “does not fit” into his budget. The outcome of such a relationship is usually a foregone conclusion.

Ask what working hours (Moscow time) the remote employee prefers and see how many working hours you have the same (preferably at least a four-hour schedule coincidence).

As a result of the survey, you should have 3-5 people, whom you consider the most promising candidates. Do not forget to thank everyone who took part in the survey, and with the rest, we move on to the next stage - the interview.

Step 4. Conduct an interview

Given that you need a remote employee, this is not a face-to-face meeting. The interview can be conducted, for example, via Skype.

Before the interview begins, you must have a list of questions that will be asked to absolutely all applicants (this will make it possible to objectively evaluate the candidates). You can offer situational questions and ask about the person's past merits (education, previous jobs, etc.).

It is advisable that during the interview you do a little testing to determine the key professional skills and abilities.

Suppose you need a remote employee - programmer. Invite him to solve the problem, for example, have him share a Google document. You watch him work right there, while on the air.

If you need support employee, then his main qualities should be accuracy, literacy and attentiveness. So, as a test, you can offer a text in which mistakes were made, and see what and how quickly he sees and corrects.

To the candidate marketers offer a case study on theory. For example, the company is engaged in the production of slippers that it plans to sell to hotels. What is the best approach to solving this problem?

Remote employee analyst will deal with the processing of information, which means that the applicant can be provided with some (fictitious) statistical data and asked to conduct an analysis according to some parameters (for example, to set the time spent on the site, the most popular pages, etc.).

It's hard enough to tell how honest sales agent, salesperson came up to writing a resume, unless you ask him "now to call a potential client and try to sell your product."

During the interview, you should take into account:

The candidate experiences excitement... A stressful situation will negatively affect the quality of the tasks to be solved.
You must identify core professional skills, therefore, testing should include tasks inherent in a particular specialty.
Don't neglect feedback. After completing the task, you need to evaluate the work done (note the positive points and mention what did not go very smoothly).
Take the opportunity to test in a relaxed environment... Offer to work at home. For example, "Solve this problem and send the result tomorrow by 11.00." Important: set specific deadlines (find out how punctuality is characteristic of a person).

Moments to ease the pangs of choice:

Record your impressions immediately after the interview is over... If you are dealing with several applicants replacing each other, then it is easy to get confused.
Trust your intuition. If any of the applicants is in doubt, stop dating. Practice shows that such premonitions are justified.
Do you need one remote employee, and you have two worthy applicants? Conduct additional testing, verification. People can be told that you need time to make the final choice between the two candidates.

Large companies practice paid probation, after which the most suitable employee is selected. During the internship, feedback should be provided at least once every two days. Ask what your colleagues think of the intern.

When hiring an employee, pay more attention to his attitude towards work.... Professional skills are a profitable business, but it is almost impossible to change the attitude.

How to register a remote employee

Registration of a remote employee is carried out after the provision of certain documents provided for article 65 of the Labor Code:

Identity document (passport).
Labor book (except for cases of first employment or part-time jobs).
State Pension Insurance Certificate.
Military ID or military registration document (mandatory for conscripts and people of draft age).
A diploma or other educational document that certifies the presence of certain professional knowledge (if the job requires special knowledge).

To employ a remote employee, an employer must:

Accept the documents listed above from the employee.
Provide for familiarization with the regulations that the employee must know to perform duties.
Conclude an employment contract for a remote employee.
Issue an order to hire a new employee.
Fill out the T-2 form (personal card).
Make an entry in the work book (except in cases of mutual agreement that the record of remote work will not be made).

The remote employee must be included in the company's staff and have the same rights as other employees. The laws of the Russian Federation do not provide for any "special provision" or exceptions.

However, remote work involves one, fundamentally new form interactions: exchange of documents in in electronic format.

Both the employer and the employee must provide proof that an electronic document sent by the other party has been received. The time frame for sending the confirmation must be stipulated in the employment contract.

In order for such a document flow to be possible, it is necessary to obtain an electronic signature. An electronic document can be considered information confirmed by an electronic signature, since it is equated to a signature and a seal, which are placed on paper copies.

Electronic document flow opens up the following opportunities for the employer:

Conclusion of an employment contract (if it applies to remote work).
Obtaining a signature for regulations sent to a remote employee for review. According to Article 68 of the Labor Code, internal regulations, a collective agreement, a regulation on payroll and some other local regulations are sent, according to which remote employees will be monitored.
Drawing up an additional agreement, on the basis of which changes can be made to the employment contract.
Familiarization of the employee with the orders and orders of the head, with other documents, after familiarization with which the subordinate must sign.

Electronic document management allows an employee to send various documents (statements, explanatory documents, etc.) to his employer.

The place of its conclusion must be indicated in the employment contract. Typically, this is the address where the employer is located.

The contract must indicate the place where the remote employee will work.

V article 312.1 of the Labor Code it says that it is allowed to indicate his residential address as a workplace for a remote employee.

A teleworking contract may include additional terms. For example, about the use in their work of certain data protection means, programs, equipment and other means that the employer considers necessary. Moreover, the equipment and means can be provided by the company's management, or they can simply be recommended.

On the territory of Russia, individuals working remotely are subject to a generally established taxation system (PIT).

Thus, working on the Internet as a remote employee is equivalent to working for any other company.

Employees working remotely are entitled to all compensations and guarantees provided for by the Labor Code of the Russian Federation if they work on the basis of a concluded employment contract (that is, they are officially employed). These include:

Paid holiday lasting 28 calendar days(at least), which must be provided annually.
Additional and educational leave.
Payment of benefits for temporary incapacity for work(sick leave due to illness, childbirth, etc.).

How to organize remote access for employees

Make sure you have Internet access

If your company operates remotely, then the Internet is your space. All work processes are connected with it: informing, data exchange, communication, accounting, control.

Cloud CRM has become a real find for us. This virtual environment is available anywhere in the world. In order to enter it, it is not at all necessary to have a server or wires; it is enough to have a device that supports the Internet.

There is an Internet connection, the appropriate speed - you can get to work.

Use cloud programs

For effective work, you will need to manage the business process: set tasks, keep track of time and control the performance of work, take care of the safety of information.

In fact, a lot of cloud programs have been developed. The main thing is not to get confused and choose the one that best suits your needs. In this case, you can be guided by the following principles: simplicity, speed and availability.

In addition, pay attention to the presence of "reminders" (sometimes it is simply necessary). Often, planners are equipped with many options that are completely useless, so the functionality should be as simple as possible.

A plan has been drawn up, tasks have been set - proceed with their implementation.

Use IP telephony

The bulk of successful sales are carried out via telephone communication (33 - 92%). If you lose it, you risk losing customers. Conventional telephones imply a constant presence in the office, which means that a remote employee is not your option. Using mobile phones for regular calls is expensive. Moreover, once you find yourself outside the network coverage area, you can miss the call.

Virtual telephony is the ideal solution to the problem:

The cloud is involved, so it doesn't matter where the employee is.
A single number that can be used anywhere in the world.
Provider support may be needed at any time, and you will receive it ( technical assistance, answers to questions, hint for action).
The exchange of electronic documents can be carried out without personal communication, simply by sending the originals of the documents.

The checklist required by the manager for the effective use of the PBX:

Listen to calls(you must know how an employee works, for example, an online store remotely).
Track missed calls(you will understand why not all clients can get through).
Combine with CRM.
Set up call forwarding(your subordinates will be in touch around the clock).
Keep track of statistics(you will see the "complete picture" of the company's work).

Install KPI

Let's say you hired two employees, for example, Fedya and Kolya, to perform identical tasks. They work according to the generally accepted schedule (eight hours a day from Monday to Friday). And one day you notice that Fedya "works" all eight hours, and Kolya always has a couple of hours left, which he spends "on himself, beloved."

Naturally, you come to the conclusion that you no longer need any "services" and say goodbye to him. However, later it turns out: Kolya coped with the task in six hours, and the remaining time he was engaged in self-education, and Vasya is not able to complete daily rate and in eight hours. It turns out that your decision was hasty.

For any leader, the result is more important than the amount of time spent to achieve it. Therefore, if you are going to work remotely, it is advisable to establish key performance indicators (KPIs). Moreover, the assessment system should be understood not only by you, but also by the remote employee.

The principle of operation is as follows:

The employee enters their monthly and quarterly plan into a Google Docs spreadsheet.
At the end of the reporting period, the results are summed up (the employee notes the completed and unfulfilled tasks).
The manager, looking at the data, sees how things are for each employee.
The remote employee knows what to focus on and what management's expectations are.

In addition, you will be able to know about the tasks completed for a specific period if you regularly conduct operational operations and get acquainted with the reports of subordinates. This approach to organizing accounting and control will avoid the risk of dismissal of a truly valuable employee.

Work on team development

It may happen that remote employees have different qualifications - this is not very convenient, so it is worth training them. Track thematic online courses and educational programs, especially since nowadays there are quite enough of them - this is copywriting, and SEO, and marketing, and much more.

You can study:

At the online university "Netology". Specialization: Internet marketing of various levels (from beginner to expert).
Lecture hall "Theory and Practice". Specialization: business, art, design.
Interactive courses "HTML Academy". Specialization: HTML and CSS.
Online catalog "Coursera" offers the most numerous list of training courses (not only Russian, but also from other countries).
Academic educational project"Lectorium".

Remember that communication involves two-way contact: you and the remote employee must be in touch regularly. This will help you make sure of the effectiveness of the chosen system and suggest ways to improve the company.

Ask, conduct online meetings and questionnaires. All in your hands!

Remote Worker Management: 6 Best Tools

Basecamp

Basecamp is a service that provides a platform for organizing and discussing collaboration. Here, a remote employee can find not only like-minded people and support, but also tools to help organize work: file exchange, tasks, time control.

Free use is not provided. The cost of one month of use is $ 29.

PivotalTracker

PivotalTracker is a project management service. It is designed to plan and control the work of remote employees, tracking the effectiveness of each of them. Using PivotalTracker allows you to follow the development of the project at every stage.

The service offers analytics and visualization tools that help you quickly identify and assess problem areas, establish the most successful moments and stages ahead of the schedule.

A team of three can use the service free of charge. In other cases, you will have to pay from $ 12.5.

Kanbanery

Kanbanery is a service used by team members. It is a "task board" that can be used for any kind of work that requires close collaboration between employees. Using this service, you can identify problems and errors, generate reports, search for information about any stage or section of the project.

The trial period - 30 days - is provided free of charge.

Jell

The trial period - 14 days - is provided free of charge. Monthly rate - from $ 4.

Proofhub

Proofhub is a service suitable for both remote employees and freelancers. It has a fairly advanced functionality and has the ability to perform management functions (task management, performance control, time tracking). Proofhub allows you to integrate other programs. There is also a mobile application, thanks to which a remote employee can always be in touch.

The trial period - 30 days - is provided free of charge. The most advantageous is the individual tariff, which allows you to simultaneously run 10 projects with a different number of participants. The monthly cost of using the service is $ 18.

Jira

Jira is a tool that includes many different features to effectively manage projects. It is suitable for teams with different numbers of remote workers (from a few people to 50 thousand employees). With Jira, you can create a plan that works for every team member.

Among the variety of tools, there is an accurate assessment function, thanks to which a remote employee can work "in time" with the rest of the team. With the help of the reporting system, you can control the project at any stage of work.

There is no free period. The monthly cost of using the service is from $ 10.

How to control remote employees

Regardless of the field of activity and the complexity of the tasks, each remote employee must adhere to the structure of the process, and you must control this. Only with an established management system can you know how your subordinate solves the tasks assigned to him, how effective his activities are, how the work on the project is progressing, etc.

If each employee has a clearly formulated task (with a description and a deadline), then it will be quite difficult to do something wrong. You can create a visual work plan and organize the sequence of tasks using a scheduler or a CRM system.

But it is important not to overdo it with the degree of control. Please note that a remote employee deliberately chooses this form of work, he wants to feel more or less free in his actions. Such employees are ready to provide the company with their abilities, offer original solutions, so excessive control can cause them negative emotions, dissatisfaction and push them to dismiss.

In many ways, it is the nature of the tasks being solved that determines the level of control. Sometimes you can just check the progress of the process and request statistics. It is easier if the employee works "for the result": use the deadline and check the compliance with the established criteria. That's all control.

Naturally, many managers are afraid that a remote employee takes time off from work, rests a lot, and so on. But competent employees plan their work in such a way as to spend less time on it. So don't get hung up on HOW MAN is working. The main thing is HOW he does it (whether he meets the deadlines, whether the quality is adequate, etc.).

Dismissal of a remote employee

Dismissal of a remote employee is regulated by Chapter 49.1 of the Labor Code of the Russian Federation. The dismissal procedure is similar to the one that an employee goes through during normal work: first of all, a remote employee must write a corresponding statement in any form.

The structure of the statement is standard:

In the upper right corner, the employee writes to whom the document is intended (name of the company and full name of the manager) and indicates his data (full name and position).
Center "Statement".
The text should include the reason for dismissal (own desire or mutual consent of the parties).
Date and signature below.

In order to avoid controversial points, the application is certified by a notary, a color scan is done and sent to the employer.

A remote employee must inform the manager of his intentions no later than 2-3 days before the application is submitted and work two weeks from the date of its submission (if necessary, and the employee leaves without good reason).

In addition, the manager has the right to send the employee's work book by mail only if there is an application with an indication of the delivery address.

It happens that the employer is the initiator of the termination of the employment contract (this option must be provided for by the terms of the contract). Article 312.5 of the Labor Code states that such dismissal will be legal if the employment contract is signed by both parties. This fact is taken into account in the case of resolving disputes in court.

According to article 57 of the Labor Code of the Russian Federation, a remote employee should not be infringed on his rights: he has the right to protection from arbitrary dismissal and compensation. The dismissed "remote worker" is entitled to severance pay in the amount of a monthly salary (this will reduce the risks of litigation and maintain loyalty to the company).

Remote work or, as it is called, work with remote access, is becoming more and more popular. There is no doubt that such a mode of work is convenient for both the employee and the employer. However, since telecommuting is not that long ago, employers make mistakes in establishing, regulating, or firing. Who can be assigned such a mode of operation? How to do it? How is the interaction between the employee and the employer carried out? What are the reasons for dismissing a teleworker? You will find answers to these and other questions in the article.

The essence of telecommuting

By virtue of Art. 312.1 of the Labor Code of the Russian Federation distance work is the performance of a labor function defined by an employment contract:

Outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another locality);

Outside a fixed workplace, territory or facility, directly or indirectly under the control of the employer.

A condition for telecommuting is the use of public information and telecommunication networks, including the Internet, for the performance of the job function and for interaction between the employer and the employee on issues related to its performance.

Teleworkers are considered to be persons who have entered into an employment contract for teleworking. They are subject to the labor legislation and other acts containing labor law norms, taking into account the specifics established ch. 49.1 of the Labor Code of the Russian Federation.

Don't confuse telecommuting with home work. According to Art. 310 of the Labor Code of the Russian Federation homeworkers are persons who have entered into an employment contract for the performance of work at home from materials and using tools and mechanisms provided by the employer or purchased by the homeworker at their own expense. The result of home work is certain products, and the result of distance work is information, data, intellectual property.

Remote workers can be, for example, programmers, editors, accountants, teachers, lawyers. That is, those who carry out certain work at home or in another place that is not under the control of the employer, but interacts with him via the "Internet".

However, some employers apply for telecommuting erroneously. For example, an employer entered into a fixed-term employment contract for teleworking with a highly qualified foreign specialist for the position of a brand chef, whose actual place of work was a restaurant in another republic (see. The appeal ruling of the Moscow City Court dated July 18, 2017 in case No. 33 ‑22475/2017 ). The question of whether this work is considered remote did not arise during the consideration of the case. Nevertheless, I would like to emphasize that in this case, an ordinary employment contract must be concluded, according to which the workplace is a structural unit located in another area, but at the same time controlled by the employer.

In addition, the Ministry of Labor has repeatedly (last time in Letter dated 16.01.2017 No. 14 ‑2 / OOG-245) expressed the opinion that labor legislation currently does not provide an opportunity for an employer to conclude an employment contract on remote work with a citizen of the Russian Federation, a foreign citizen or a stateless person if he works outside the Russian Federation, since the conclusion of an employment contract on such conditions violates the Labor Code of the Russian Federation ... In particular, the employer will not be able to fulfill its obligations to provide remote workers with safe working conditions and their protection ( h. 2 tbsp. 312.3Labor Code of the Russian Federation) due to the fact that federal laws and other regulatory legal acts of the Russian Federation, forming labor legislation, are valid only on the territory of our country ( h. 1 tbsp. 13Labor Code of the Russian Federation). It is recommended to conclude civil contracts with such citizens.

Therefore, before registering an employee remotely, carefully think about whether the work being performed falls under the definition of remote work.

We make an admission to the "remote control"

A remote worker is hired according to the general rules provided for Art. 68Labor Code of the Russian Federation, but in compliance with the requirements ch. 49.1Labor Code of the Russian Federation and Federal Law of 06.04.2011 No. 63 -FZ "On electronic signature"(Further - Law no. 63 -FZ).

An employment contract for teleworking and agreements on changing the terms of this contract determined by the parties may be concluded through the exchange of electronic documents ( h. 1 tbsp. 312.2 of the Labor Code of the Russian Federation). In this case, both the employee and the employer must use enhanced qualified electronic signatures in the manner prescribed Law no. 63 ‑ FZ.

Despite the conclusion of an electronic labor contract, the legislation establishes the requirement for the availability of a paper form of the contract. The employer, within three calendar days from the date of the conclusion of this agreement, is obliged to send the remote worker by registered mail with notification a duly executed copy of this agreement on paper.

It follows from this provision that the employer sends a signed copy of the employment contract to the employee. For the employee, there is no obligation to send the second, personally signed copy to the employer by mail.

Before concluding an employment contract, a teleworker must submit the documents listed in Art. 65 of the Labor Code of the Russian Federation... How does this happen?

V article 312.2 of the Labor Code of the Russian Federation it was established that when concluding an employment contract on remote work by exchanging electronic documents, the documents provided for Art. 65 of the Labor Code of the Russian Federation, can be presented to the employer by a person applying for remote work in electronic form. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of these documents in hard copy.

If such a contract is concluded by a person for the first time, he / she receives a certificate of compulsory pension insurance independently.

In addition, there are features in the design of the work book. In particular, by agreement of the parties to the employment contract on remote work, information about it may not be entered in the employee's work book, and when concluding an employment contract for the first time employment history may not be formalized at all.

Thus, if no entries are made in the work book about the work of a remote worker, the main document about his work activity, confirming his seniority, for him will be an employment contract for remote work.

If the employee wants the record of his remote work to be entered in the work book, he must hand it over to the employer in person or send it by registered mail with notification.

Since the entry into the work book of an entry on the remote nature of work is not provided Instructionon filling out work books approved Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69 , employment registration is made according to general rules.

Like ordinary workers, teleworkers, before concluding an employment contract, must be familiar with the documents provided for h. 3 tbsp. 68 of the Labor Code of the Russian Federation(with the internal labor regulations, other local regulations directly related to the employee's labor activity, the collective agreement). Such familiarization can also be carried out through the exchange of electronic documents.

On the basis of the employment contract, the employer issues an order for admission to remote work. It is drawn up in the same way as when accepting other employees of the organization. In this case, in the column "Conditions of employment, nature of work" indicate: "Distance work".

If the interaction between the employee and the employer is carried out through the exchange of electronic documents with digital signatures, then the employee can be familiarized with the order of employment in the same way ( h. 5 art. 312.1Labor Code of the Russian Federation).

Labor contract

First of all, we note that the type of work must be indicated in the employment contract - remote ( Art. 312.2Labor Code of the Russian Federation). For example:

The employee performs his job outside the employer's location (remotely).

At the same time, like any other employment contract, a teleworking contract must include mandatory conditions named in Art. 57 of the Labor Code of the Russian Federation, including:

Place of work. The organization and its location are indicated here. But the place of performance of work (address of the place of residence, email address) should be indicated in the additional condition "Clarification of the place of work";

Working hours and rest hours, etc. The working mode can be set the same as for all employees of the organization, but it can be different;

The remote worker has the right to determine the mode of working time and rest time independently, unless otherwise provided in the employment contract (part 1 of article 312.4 of the Labor Code of the Russian Federation).

Terms of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments). Here, be sure to indicate the form of salary payment - transfer to bank card (Art. 136 of the Labor Code of the Russian Federation).

Specify in the contract the method of interaction between the employee and the employer, as well as the time period for confirming the receipt of an electronic document from the other party ( Art. 312.1 of the Labor Code of the Russian Federation).

In addition to the mandatory ones, additional conditions may be included in the labor contract by agreement of the parties that do not worsen the employee's position ( h. 5 art. 57,h. 6 art. 312.2 of the Labor Code of the Russian Federation), in particular:

On the procedure for making entries in the work book ( h. 6 art. 312.2);

On the procedure and timing of providing the employee with the equipment, other technical means, and software necessary for the performance of his job duties, as well as software in accordance with the requirements of the employer ( h. 8 art. 312.2). For example:

The employer undertakes to provide the employee with a computer, telephone, modem, technical documentation necessary for the employee to fulfill his job duties, on time ______________.

If this obligation is assigned to an employee, the condition may be as follows:

The employee independently provides himself with a computer, printer, fax, telephone communication, means of access to the Internet.

On the procedure for the employee to use information security tools in accordance with the recommendations of the employer ( h. 8 art. 312.2);

On the procedure and terms for reimbursing the employee for expenses related to remote work, if, under the terms of the contract, he uses equipment and other software and hardware that belong to him or leased ( Art. 188,h. 1 tbsp. 312.3 of the Labor Code of the Russian Federation). At the same time, it is advisable to clearly state in the contract exactly which expenses are to be reimbursed, what documents they must be confirmed with, etc .;

On the procedure and timing and form of submission by the employee of reports on the work performed ( h. 1 tbsp. 312.3).

In addition, you can indicate additional grounds for terminating the employment contract at the initiative of the employer ( h. 1 tbsp. 312.5 of the Labor Code of the Russian Federation).

Nuances of telecommuting

Since during employment, communication between the employer and the remote worker is carried out through electronic communication, it is assumed that any documents both the employee and the employer send in electronic form. But in Art. 312.1 of the Labor Code of the Russian Federation it is clarified that such documents, in addition to the employment contract, orders, notifications and other documents, in particular, are statements, explanations and other information from the employee. And it is also established that if the employee sent a document such as an application for the issuance of duly certified copies of documents related to work ( Art. 62Labor Code of the Russian Federation), the employer, no later than three working days from the date of submission of the said application, is obliged to send copies to the remote worker by registered mail with notification or, if indicated in the application, in the form of an electronic document.

If an employee falls ill or is going on maternity or childcare leave, he must send the employer the originals of the relevant documents (certificate of incapacity for work, application, etc.) by registered mail with notification (Article 312.1 of the Labor Code of the Russian Federation).

Special attention is paid to the employer's compliance with labor protection standards in respect of teleworkers.

By virtue of Art. 312.3 of the Labor Code of the Russian Federation in order to ensure safe conditions and labor protection for remote workers, the employer fulfills only some of the duties established Art. 212 of the Labor Code of the Russian Federation, in particular:

Investigation and accounting as defined by the Labor Code, by others federal laws and other regulatory legal acts of the Russian Federation on the order of industrial accidents and occupational diseases ( par. 17 h. 2);

Fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established sphere of activity, and consideration of submissions from public bodies control within the terms established by the Labor Code of the Russian Federation, other federal laws ( par. 20 h. 2);

compulsory social insurance of employees against industrial accidents and occupational diseases ( par. 21 h. 2).

In addition, the employer must familiarize teleworkers with the labor protection requirements when working with equipment and means recommended or provided by the employer.

Other obligations of the employer to ensure safe conditions and labor protection, established by the Labor Code, federal laws, other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation, do not apply to teleworkers, unless otherwise provided by an employment contract on teleworking.

Features upon dismissal

There are peculiarities in the dismissal of teleworkers, in particular, at the initiative of the employer.

As a general rule, an employment contract with such employees can be terminated on the grounds established by the Labor Code. At the same time, the employment contract may provide additional grounds for dismissing a remote worker at the initiative of the employer ( h. 1 tbsp. 312.5Labor Code of the Russian Federation). For example, dismissal for repeated failure to meet planned targets, for regular failure to comply with the format of the report on the completed task.

Note: additional grounds for dismissal must be established precisely by the employment contract. If they are established not by an employment contract, but by another document, for example, a job description or a local act of the organization, the dismissed person will be reinstated.

For example, a telecommuter, dismissed for repeated failure to meet targets, was reinstated by the court, since such an additional basis for dismissal was provided not by an employment contract, but by a job description. The employer believed that it was an integral part of the employment contract.

However, the court concluded that the job descriptions, taking into account their content, the procedure for adoption, the form, the timing of approval by the employer, the procedure for familiarizing the employee with them, cannot be qualified as an integral part of the labor contract concluded by the parties and do not meet the requirements Art. 56 of the Labor Code of the Russian Federation(are not an agreement of the parties), therefore dismissal according to the rules h. 1 tbsp. 312.5. Labor Code of the Russian Federation stipulating the right of the employer to dismiss a remote worker on additional grounds agreed by the parties, prescribed exclusively in the employment contract, is illegal ( The appeal ruling of the Sverdlovsk Regional Court dated 05/11/2017 in case No. 33 ‑7310/2017 ).

The job description will be an integral part of the employment contract if, in accordance with this contract, it is an annex to it. However, in any case, it becomes mandatory only in terms of job duties and requirements for the employee. If the job description establishes the grounds for dismissal, they are not applicable, since such an instruction, unlike an employment contract, is not considered an agreement of the parties.

Termination of labor relations with a remote worker is formalized by an order (unified form T-8), as the basis for which a specific provision of the contract or article of the Labor Code of the Russian Federation should be indicated. The employee must be familiarized with the order by signing. If this document cannot be brought to the attention of the employee or he refuses to familiarize himself with it under the signature, a corresponding entry is made in the order (order).

If the interaction between the employer and the remote worker is carried out through the exchange of electronic documents using enhanced qualified electronic signatures, the dismissal order must be sent to the employee in advance in electronic form for review. The employee, in turn, having certified the order with an electronic signature, is obliged to send it back.

On the day of dismissal, a paper copy of the order must be sent to the employee by registered mail with notification ( h. 2 tbsp. 312.5Labor Code of the Russian Federation).

On the basis of the order, if the employee's work book was filled out, an entry is made in it about the dismissal. Here is a sample of an entry upon dismissal on an additional basis established by an employment contract.

records	date	Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
records	number	month

				Employment contract terminated	Order dated 20.11.2017
				at the initiative of the employer in connection	№ 13 ‑ at
				with repeated violation of terms
				delivery of proven materials,
				clause 6.3.1 of the employment contract
				about remote work from 04/15/2016
				№ 15/16 ‑ etc., part one of article 312.5
				Labor Code
				Russian Federation.
				OK specialist Petrova I. K. Petrova
				MP Ivanov

We examined the features of telecommuting - in particular, concerning hiring, drawing up an employment contract, working hours and rest time, organizing labor protection and dismissal. For the rest, teleworkers are subject to the general norms of the Labor Code, including the provision of vacations, accounting of working hours, depending on its regime, etc.

And of course, it is not necessary to hire new employees for remote work - you can transfer already working ones. But such a transfer is carried out only by agreement of the parties. It is possible unilaterally on the initiative of the employer only if there are good reasons.