home Self-development The rules are defined. Remote work

The rules are defined. Remote work

Development information systems and the emergence of new technologies that make it possible to carry out labor activities outside the location of the employer, has led to the need to amend labor legislation.

Federal Law of 04/05/2013 N 60-FZ “On Amendments to Certain Legislative Acts” Russian Federation» was included in the Labor Code of the Russian Federation new chapter regulating the work of remote workers.

This chapter includes five articles that are devoted to the peculiarities of conclusion, change and termination employment contract, features of organization and labor protection, features of working hours and rest time for remote workers.

According to Art. 312.1 of the Labor Code of the Russian Federation “remote work is the performance specified in the employment contract labor function outside the location of the employer, its branch, representative office, other separate structural unit(including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, provided that it is used to perform this job function and for interaction between the employer and the employee on issues related to its implementation, information - public telecommunication networks, including the Internet.

In other words, remote work is characterized by two characteristics:

a. performing work outside the employer’s location;
b. the use of public information and telecommunication networks, including the Internet, to perform a job function and to carry out interaction between an employer and an employee on issues related to its implementation.

The appearance of Chapter 49.1 of the Labor Code of the Russian Federation should certainly be considered a positive phenomenon in labor law. However, the application of this chapter is associated with certain difficulties.

First of all, this is due to the fact that the legislator minimally regulates issues related to the labor of remote workers.

In practice, when applying Chapter 49.1 of the Labor Code of the Russian Federation, employers have many questions regarding the regulation of the work of remote workers, for example, regarding the work schedule, determining the place of work, document flow, electronic digital signature, insurance premiums.

However, there are no direct answers to these questions in the Labor Code of the Russian Federation. In this connection, enterprises are forced to contact the appropriate government bodies for clarification of the provisions of the chapter on remote work. Such bodies are the Ministry of Labor and Social Protection of the Russian Federation (hereinafter referred to as the Ministry of Labor), federal Service on labor and employment (hereinafter - Rostrud).

First of all, when applying Chapter 49.1 of the Labor Code of the Russian Federation, employers have a question about the procedure for concluding an employment contract.

Even the scientist L. S. Tal wrote in his works: “Any contract in which the promise of labor is recorded as the basis of the contract is an employment contract, and the subject of the contract can be considered legally relevant activity in someone else’s interest, carried out by the person who promised it personally or organized by him.”

Scientist S. Kh. Dzhioev in his works pointed out that the risks when registering for remote employment are borne not only by the employer, but also by the employee. He notes that “for an employee, the risks of remote employment mainly come down to ensuring guarantees of compliance with his labor rights. The employee must be sure that in the process of remote work his rights will be respected, the same as the rights of an ordinary employee who works for hire on the employer’s territory, namely the right to guaranteed rest, an established schedule and working hours, labor protection, etc. d." .

However, according to Art. 61 of the Labor Code of the Russian Federation, an employment contract comes into force either from the moment the employment contract is signed by the employee and the employer, or from the day the employee is actually admitted to work with the knowledge or on behalf of the employer or his authorized representative.

Due to the fact that a remote worker is located remotely from the employer, the most important issue, we believe, is the question of the moment of concluding an employment contract.

When a remote worker is actually allowed to work with the knowledge or on behalf of the employer or his authorized representative, determining the moment of concluding an employment contract is not difficult. However, if the parties sign an employment contract, difficulties arise in determining the moment of concluding the employment contract.

According to Art. 312.2 of the Labor Code of the Russian Federation, the legislator gives the parties to the employment contract the right to choose the method of signing the employment contract, including, the employment contract can be signed by electronic document management.

Thus, an employment contract between an employer and a remote worker can be signed by exchanging documents by postal items. In this case, the employment contract is signed in the following stages:

If the employee signs the employment contract first:

sending the employment contract signed by the employee by mail to the employer;
receipt of an employment contract by the employer;
sending the employment contract signed by the parties to the employee;
receipt of an employment contract signed by the parties by the employee.

If the employer signs the employment contract first:

signing of an employment contract by the employer;
sending the employment contract signed by the employer to the employee;
receipt of an employment contract signed by the employer by the employee;
signing of an employment contract by the employee;
forwarding the employment contract signed by the parties to the employer;
receipt of an employment contract signed by the parties by the employer.

Taking into account the postal transit time, the signing of an employment contract by the parties may take a considerable amount of time, and therefore, the issue of the moment of concluding the employment contract becomes acute.

However, neither the legislator nor government bodies give an unambiguous answer to this question.

At the same time, we believe that the moment of concluding an employment contract should be considered the moment the employer receives the signed contract. This provision is explained by the fact that until the employer becomes aware that the employee has signed an employment contract, he cannot allow the employee to work, which means labor Relations do not arise.

In accordance with Art. 312.2 of the Labor Code of the Russian Federation, the parties can sign an employment contract, including through electronic document management.

Thus, the legislator gives the parties the right to conclude an employment contract also through the exchange of electronic documents. In this case, the employment contract is signed in stages, as in the case of exchanging documents via postal service, however, the signing time is significantly reduced.

However, according to Art. 312.2 of the Labor Code of the Russian Federation, in the case of signing an employment contract through electronic document management, the employer is obliged to send the original of the employment contract to the employee.

Furthermore, in accordance with Art. 68 of the Labor Code of the Russian Federation, in connection with the conclusion of an employment contract, the employer has the obligation to familiarize the employee with the internal documents of the organization against signature. In accordance with Art. 312.1 of the Labor Code of the Russian Federation, an employee can be familiarized with them, including by exchanging electronic documents between the employer and the remote worker.

In this connection, employers immediately have a question about what constitutes an electronic document.

Often, employers turn to government agencies for clarification whether scanned documents (in particular, local regulations) fall under the concept of an electronic document. To which the Russian Ministry of Labor, in its explanation of the organization’s appeal, indicated that scanned documents are not included in the concept electronic document. According to Federal Law dated April 6, 2011 N 63-FZ “On Electronic Signatures,” information in electronic form, signed with a qualified electronic signature, and for the purpose of applying the Labor Code of the Russian Federation, it is necessary to sign with an enhanced qualified electronic signature.

Among other things, the question arises as to which documents the legislator gives preference.

Authors such as V.A. Konyavsky and V.A. Gadasin in their works note that the fundamental difference between electronic documents and analog documents is their purpose for functioning in completely different environments: an analog document functions in the environment of thinking subjects - people, electronic - in the environment of software and hardware. computer technology. That is, in fact, the two types of documents are equal, but suitable for use for different purposes.

According to the explanations of Rostrud, the provision of paragraph. 4 tbsp. 312.1 of the Labor Code of the Russian Federation on the exchange of electronic documents is dispositive and provides the parties with a choice. Accordingly, Chapter 49.1 of the Labor Code of the Russian Federation “does not oblige the parties to an agreement on remote work to interact exclusively in the form of electronic documents.”

Thus, the parties to the employment contract can interact by themselves and determine the methods of exchanging documents, including by combining these methods.

However, in accordance with paragraph. 3 tbsp. 312.2 of the Labor Code of the Russian Federation provides that “if an employment contract for remote work is concluded by exchanging electronic documents, the employer, no later than three calendar days from the date of conclusion of this employment contract, is obliged to send the remote worker by registered mail with notification a duly executed copy of this employment contract contracts on paper." Furthermore, in accordance with Art. 312.2 of the Labor Code of the Russian Federation, if a work book for a remote worker is not issued, then the main document on labor activity and the length of service of the remote worker is the above-mentioned copy of the employment contract on remote work.

It should also be noted that, according to the clarification of the Russian Ministry of Labor, “to provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the remote worker sends to the employer the original documents provided for federal laws and other regulatory legal acts of the Russian Federation, by registered mail with notification."

Thus, we can conclude that, despite the fact that the legislator gives the parties to the employment contract the freedom to choose the method of exchanging documents, priority is nevertheless given to paper documents.

To sum up all of the above, we can conclude that the regulation of the work of remote workers is carried out not only by the Labor Code of the Russian Federation, but also on the basis of explanations from government bodies of the Russian Federation.

Due to the fact that the application of the provisions of Chapter 49.1 of the Labor Code of the Russian Federation raises numerous questions among enterprises, they are forced to address questions to which government bodies provide answers by interpreting the provisions of the Labor Code of the Russian Federation. In most cases, the explanations are formal, but there are very detailed, specific answers to questions asked. Considering that the number of enterprises using remote work is increasing every day, and the fact that questions are mostly repeated, we consider it appropriate to issue a by-law on remote work, which is in the public domain.

introduced by Federal Law dated April 5, 2013 N 60-FZ

Article 312.1. General provisions

Remote workers are considered to be persons who have entered into an employment contract for remote work.

Remote workers are subject to labor legislation and other acts containing standards labor law, taking into account the features established by this chapter.

If this chapter provides for the interaction of a remote worker or a person applying for remote work and the employer through the exchange of electronic documents, enhanced qualified electronic signatures a remote worker or a person applying for remote work, and an employer in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

In cases where, in accordance with this Code, an employee must be familiarized with writing, including against signature, with accepted local regulations, directly related to his work activity, orders (instructions) of the employer, notifications, requirements and other documents, the remote worker can be familiarized with them by exchanging electronic documents between the employer and the remote worker.

In cases where, in accordance with this Code, an employee has the right or obligation to contact the employer with a statement, provide the employer with explanations or other information, a remote worker can do this in the form of an electronic document.

To provide mandatory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the remote worker sends to the employer the original documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with notification.

When a remote worker submits an application for the issuance of duly certified copies of work-related documents (Article 62 of this Code), the employer, no later than three working days from the date of filing the said application, is obliged to send these copies to the remote worker by registered mail with notification or, if this indicated in the application in the form of an electronic document.

Article 312.2. Features of concluding and changing the terms of an employment contract on remote work

If an employment contract for remote work is concluded by exchanging electronic documents, the employer, no later than three calendar days from the date of conclusion of this employment contract, is obliged to send the remote worker by registered mail with notification a duly executed copy of this employment contract on paper.

When concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for in Article 65 of this Code may be presented to the employer by the person applying for remote work in the form of an electronic document. At the request of the employer this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper.

Note.

There appears to be a typo in the official text of the document: in connection with the adoption of Federal Law No. 198-FZ of December 31, 2002, starting from 2003, citizens subject to compulsory pension insurance are issued an insurance certificate of compulsory pension insurance, and not an insurance certificate of state pension insurance as specified in the following paragraph.

Familiarization of a person concluding an employment contract for remote work with the documents provided for in part three of Article 68 of this Code can be carried out by exchanging electronic documents.

By agreement of the parties to the employment contract on remote work, information about remote work may not be included in work book a remote worker, and when concluding an employment contract for the first time, a work book for a remote worker may not be issued. In these cases, the main document on the work activity and length of service of a remote worker is a copy of the employment contract on remote work specified in part two of this article.

In the absence of the agreement specified in part six of this article, the remote worker provides the employer with a work book in person or sends it by registered mail with notification.

In an employment contract on remote work, in addition to additional conditions that do not worsen the employee’s position compared to the established labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations (part four of Article 57 of this Code) may provide additional condition on the obligation of a remote worker to use, when performing his duties under an employment contract for remote work, equipment, software and hardware, information security tools and other means provided or recommended by the employer.

Article 312.3. Features of the organization and labor protection of remote workers

In order to ensure safe conditions and labor protection for remote workers, the employer fulfills the duties provided for in paragraphs sixteen, nineteen and twentieth of part two of Article 212 of this Code, and also familiarizes remote workers with labor protection requirements when working with equipment and tools recommended or provided by the employer. Other obligations of the employer to ensure safe conditions and labor protection established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation do not apply to remote workers, unless otherwise provided by the employment contract on remote work. work.

Article 312.4. Peculiarities of working time and rest time for a remote worker

Unless otherwise provided by the employment contract on remote work, the working hours and rest hours of the remote worker are established by him at his own discretion.

The procedure for providing a remote worker with annual paid leave and other types of leave is determined by the employment contract on remote work in accordance with this Code and other acts containing labor law norms.

Article 312.5. Features of termination of an employment contract for remote work

Termination of an employment contract for remote work at the initiative of the employer is carried out on the grounds provided for in the employment contract.

If a remote worker is familiarized with the employer’s order (instruction) to terminate an employment contract for remote work in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send the remote worker by registered mail with notification a duly executed copy the said order(orders) on paper.

Files for download:

Labor Code of the Russian Federation

Part four

Section XII. Peculiarities of labor regulation for certain categories of workers

Chapter 49.1. Peculiarities of labor regulation for remote workers

(Federal Law dated 04/05/2013 No. 60-FZ)

Article 312.1. General provisions

Remote workers are considered to be persons who have entered into an employment contract for remote work.

Remote workers are subject to labor legislation and other acts containing labor law standards, taking into account the specifics established by this chapter.

If this chapter provides for the interaction of a remote worker or a person applying for remote work and an employer through the exchange of electronic documents, enhanced qualified electronic signatures of the remote worker or a person applying for remote work and the employer are used in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.

In cases where, in accordance with this Code, an employee must be familiarized in writing, including against signature, with adopted local regulations directly related to his work activities, orders (instructions) of the employer, notifications, requirements and other documents, remote the employee can be familiarized with them by exchanging electronic documents between the employer and the remote worker.

Article 312.2. Features of concluding and changing the terms of an employment contract on remote work

When concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for in Article 65 of this Code may be presented to the employer by the person applying for remote work in the form of an electronic document. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper.

If an employment contract for remote work is concluded by exchanging electronic documents by a person entering into an employment contract for the first time, this person receives a document confirming registration in the individual (personalized) accounting system, including in the form of an electronic document, independently.
(as amended by Federal Laws dated July 21, 2014 N 216-FZ, dated April 1, 2019 N 48-FZ)

By agreement of the parties to an employment contract on remote work, information about remote work may not be entered into the work book of the remote worker, and when concluding an employment contract for the first time, a work book for the remote worker may not be issued. In these cases, the main document on the work activity and length of service of a remote worker is a copy of the employment contract on remote work specified in part two of this article.

In the absence of the agreement specified in part six of this article, the remote worker provides the employer with a work book in person or sends it by registered mail with notification.

In addition to additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (part four of Article 57 of this Code), an employment contract for remote work may provide for additional condition on the obligation of a remote worker to use equipment, software and hardware, information security tools and other means provided or recommended by the employer when performing his duties under an employment contract for remote work.

Article 312.3. Features of the organization and labor protection of remote workers

In order to ensure safe conditions and labor protection for remote workers, the employer fulfills the duties provided for in paragraphs seventeen, twenty and twenty-one of part two of Article 212 of this Code, and also familiarizes remote workers with labor protection requirements when working with equipment and tools recommended or provided by the employer . Other obligations of the employer to ensure safe conditions and labor protection established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation do not apply to remote workers, unless otherwise provided by the employment contract on remote work. work.
(as amended by Federal Law dated December 28, 2013 N 421-FZ)

Article 312.4. Peculiarities of working time and rest time for a remote worker

Unless otherwise provided by the employment contract on remote work, the working hours and rest hours of the remote worker are established by him at his own discretion.

Article 312.5. Features of termination of an employment contract for remote work

Termination of an employment contract for remote work at the initiative of the employer is carried out on the grounds provided for in the employment contract.

If a remote worker is familiarized with the order (instruction) of the employer to terminate an employment contract for remote work in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send the remote worker by registered mail with notification a duly executed copy of this order ( orders) on paper.

Labor Code of the Russian Federation

Labor Code of the Russian Federation - table of contents
- Chapter 1. Basic principles of labor legislation
- Chapter 2. Labor relations, parties to labor relations, grounds for the emergence of labor relations
- Chapter 3. General provisions
- Chapter 4. Representatives of workers and employers in social partnership
- Chapter 5. Social partnership bodies
- Chapter 6. Collective Bargaining
- Chapter 7. Collective agreements and agreements
- Chapter 8. Participation of employees in the management of the organization
- Chapter 9. Responsibility of the parties to the social partnership
- Chapter 10. General provisions. Employment contract
- Chapter 11. Conclusion of an employment contract
- Chapter 12. Changing the employment contract
- Chapter 13. Termination of an employment contract
- Chapter 14. Protection of employee personal data
- Chapter 15. General provisions. Work time
- Chapter 16. Working hours
- Chapter 17. General provisions. Time relax
- Chapter 18. Work breaks. Weekends and non-working holidays
- Chapter 19. Vacations. Annual paid holidays
- Chapter 20. General provisions. Payment and labor regulation
- Chapter 21. Wages. Payment and labor regulation
- Chapter 22. Labor rationing. Payment and labor regulation
- Chapter 23. General provisions. Guarantees and compensation
- Chapter 24. Guarantees when sending employees on business trips, other business trips and moving to work in another area
- Chapter 25. Guarantees and compensation to employees when they perform state or public duties
- Chapter 26. Guarantees and compensation for employees combining work with education
- Chapter 27. Guarantees and compensation to employees related to termination of an employment contract
- Chapter 28. Other guarantees and compensation
- Chapter 29. General provisions. Work schedule. Labor discipline
- Chapter 30. Labor discipline. Work schedule
- Chapter 31. General provisions. Training and additional professional education of workers
- Chapter 32. Student agreement
- Chapter 33. General provisions. Occupational Safety and Health
- Chapter 34. Occupational safety requirements
- Chapter 35. Organization of labor protection
- Chapter 36. Ensuring the rights of workers to labor protection
- Chapter 37. General provisions. Material liability of the parties to the employment contract
- Chapter 38. Financial liability of the employer to the employee
- Chapter 39. Material liability of the employee

" № 5/2013

On April 19, 2013, a new chapter 49.1 came into force Labor Code of the Russian Federation, which defines the features of regulating the labor of remote workers. Let's look at them.

Definition of telecommuting

Chapter 49.1 “Features of regulation of labor of remote workers” was introduced into the Labor Code of the Russian Federation by Federal Law of April 5, 2013 No. 60-FZ. For the first time, she introduced the concepts of “remote work” and “remote worker” into labor legislation. Their definitions are given in Article 312.1 of the Labor Code of the Russian Federation.

Remote workers are considered to be persons who have entered into a contract to work remotely.

Remote work is the performance of duties specified in 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 stationary workplace, territory or facility directly or indirectly under the control of the employer. But only on condition that public information and telecommunication networks, including the Internet, are used to perform this job function and for interaction between the employer and employee on issues related to its implementation.

We note that the new Chapter 49.1 of the Labor Code of the Russian Federation indicates the need to apply labor legislation to remote work, taking into account the features specified in this chapter, which we will consider further.

Features of the work of remote workers

Article 312.1 of the Labor Code of the Russian Federation defines the conditions for such a method of communication between an employee and an employer as the exchange of electronic documents. Wherein prerequisite Such an exchange is the use of enhanced qualified electronic signatures of the employee (applicant) and the employer.

In the form of electronic document exchange the following can be carried out:

– conclusion of an employment contract;

– familiarization with local regulations, orders, notifications and employer requirements;

– the employee submits an application and provides the employer with the necessary explanations;

– request and issuance of work-related documents.

True, a condition for using this method of interaction between an employee and an employer is the need to duplicate, in established cases, electronic documents with paper copies, which are sent to a remote worker or from the employee to the employer by post.

It is important to remember that in any case, the employment relationship with the employee is maintained and this imposes rights and obligations on the parties.

In order to distant work remained effective, the parties must describe everything in much more detail than with other employees essential conditions, including methods of monitoring working hours, quality checks, provision of necessary resources and responsibility for occupational safety.

Thus, according to Article 312.3 of the Labor Code of the Russian Federation, the employment contract on remote work additionally stipulates:

– the procedure and terms for providing employees with equipment, software and hardware, information security tools and other means necessary to perform their job duties;

– the procedure and timing for remote workers to submit reports on work performed;

– the amount, procedure and terms of payment of compensation for the use by remote workers of equipment owned or leased by them, software and hardware, information security tools and other means;

– the procedure for reimbursement of other expenses related to remote work.

The employment contract for remote work must specify the grounds for its termination at the initiative of the employer. This is established by Article 312.5 of the Labor Code of the Russian Federation.

Preparation of individual documents

Chapter 49.1 of the Labor Code of the Russian Federation also regulates the execution of various documents related to the conclusion of an agreement on remote work.

Documents for hiring. In general, when concluding an employment contract, the future employee presents to the employer a passport, work record book, insurance certificate of state pension insurance, and a document on education. This is enshrined in Article 65 of the Labor Code of the Russian Federation. A potential remote worker can submit the documents provided for in this article in the form of an electronic document. At the same time, at the request of the employer, he is obliged to send him by registered mail with notification notarized copies of these documents on paper (Article 312.2 of the Labor Code of the Russian Federation).

When hiring (before signing an employment contract), the employer is obliged to familiarize the employee with the internal rules against signature. labor regulations, other local regulations directly related to the employee’s work activity, and a collective agreement. In addition, the employer’s order (instruction) on hiring is announced to the employee against signature within three days from the date of actual start of work. This is enshrined in Article 68 of the Labor Code of the Russian Federation. A remote worker can become familiar with them by exchanging electronic documents (Article 312.2 of the Labor Code of the Russian Federation).

Insurance pension certificate. It is possible that for a person entering into an employment contract for remote work by exchanging electronic documents, this is the first place of work. Such a remote worker receives an insurance certificate of state pension insurance independently (Article 312.2 of the Labor Code of the Russian Federation).

Employment history. By agreement of the parties to an employment contract on remote work, information about remote work may not be entered into the employee’s work book. And when concluding an employment contract for the first time, a remote worker may not be formalized. In these cases, the main document about the work activity and length of service of a remote worker is a copy of the employment contract on remote work on paper (Article 312.2 of the Labor Code of the Russian Federation).

In the absence of this agreement, the remote worker provides the employer with a work book in person or sends it by registered mail with notification.

Documents required for granting benefits. As for certificates of incapacity for work and other originals that are necessary for the assignment of benefits, the employee must send them by registered mail with notification. This is stated in Article 312.1 of the Labor Code of the Russian Federation.

Documents provided at the request of the employee. An employee has the right to request copies of work-related documents from the employer. For example, copies of an order for employment, orders for transfers to another job, an order for dismissal from work, an extract from the work record book, a certificate of wages etc. To do this, he must write a statement. In turn, the employer is obliged, no later than three working days from the date of filing such an application, to provide the employee with copies of documents (Article 62 of the Labor Code of the Russian Federation). If such documents were requested by a remote worker, the employer, no later than three working days from the date the employee submitted the application, is obliged to send him these copies by registered mail with notification. Documents can be sent in the form of an electronic document if this is indicated in the application (Article 312.1 of the Labor Code of the Russian Federation).

Important to remember

If the contract for remote work does not provide for the employee’s work and rest schedule, he establishes it at his own discretion. The employment contract, in particular, stipulates the procedure and timing for remote workers to submit reports on work performed. By agreement of the parties to the remote work agreement, an entry in the employee’s work book may not be made.

Remote work is the performance of a labor function determined 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 stationary workplace, territory or facility directly or indirectly under the control of the employer, provided use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the employer and employee on issues related to its implementation.
Remote workers are considered to be persons who have entered into an employment contract for remote work.
Remote workers are subject to labor legislation and other acts containing labor law standards, taking into account the specifics established by this chapter.
If this chapter provides for the interaction of a remote worker or a person applying for remote work and an employer through the exchange of electronic documents, enhanced qualified electronic signatures of the remote worker or a person applying for remote work and the employer are used in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period specified in the employment contract for remote work.
In cases where, in accordance with this Code, an employee must be familiarized in writing, including against signature, with adopted local regulations directly related to his work activities, orders (instructions) of the employer, notifications, requirements and other documents, remote the employee can be familiarized with them by exchanging electronic documents between the employer and the remote worker.
In cases where, in accordance with this Code, an employee has the right or obligation to contact the employer with a statement, provide the employer with explanations or other information, a remote worker can do this in the form of an electronic document.
To provide mandatory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the remote worker sends to the employer the original documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with notification.
When a remote worker submits an application for the issuance of duly certified copies of work-related documents (this Code), the employer, no later than three working days from the date of filing the said application, is obliged to send these copies to the remote worker by registered mail with notification or, if specified in application in the form of an electronic document.

Article 312.2 of the Labor Code of the Russian Federation. Features of concluding and changing the terms of an employment contract on remote work

An employment contract for remote work and agreements to change the terms of the employment contract for remote work determined by the parties can be concluded by exchanging electronic documents. At the same time, the location of the employer is indicated as the place of concluding an employment contract on remote work, agreements on changing the terms of the employment contract on remote work determined by the parties.
If an employment contract for remote work is concluded by exchanging electronic documents, the employer, no later than three calendar days from the date of conclusion of this employment contract, is obliged to send the remote worker by registered mail with notification a duly executed copy of this employment contract on paper.
When concluding an employment contract on remote work through the exchange of electronic documents, the documents provided for by this Code may be presented to the employer by the person applying for remote work in the form of an electronic document. At the request of the employer, this person is obliged to send him by registered mail with notification notarized copies of the specified documents on paper.
If an employment contract for remote work is concluded by exchanging electronic documents by a person entering into an employment contract for the first time, this person receives an insurance certificate of state pension insurance independently.
Familiarization of a person concluding an employment contract for remote work with the documents provided for in this Code can be carried out by exchanging electronic documents.
By agreement of the parties to an employment contract on remote work, information about remote work may not be entered into the work book of the remote worker, and when concluding an employment contract for the first time, a work book for the remote worker may not be issued. In these cases, the main document on the work activity and length of service of a remote worker is a copy of the employment contract on remote work specified in this article.
In the absence of the agreement specified in this article, the remote worker provides the employer with a work book in person or sends it by registered mail with notification.
An employment contract for remote work, in addition to additional conditions that do not worsen the employee’s position in comparison with established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations (of this Code), may provide for an additional condition on the obligation a remote worker, when performing his duties under an employment contract for remote work, use equipment, software and hardware, information security tools and other means provided or recommended by the employer.

Article 312.3 of the Labor Code of the Russian Federation. Features of the organization and labor protection of remote workers

The procedure and terms for providing remote workers with equipment, software and hardware, information security tools and other means necessary to fulfill their duties under an employment contract for remote work, the procedure and terms for remote workers to submit reports on work performed, the amount, procedure and terms for payment of compensation for the use by remote workers of equipment owned or leased by them, software and hardware, information security tools and other means, the procedure for reimbursement of other expenses associated with remote work is determined by the employment contract on remote work.
In order to ensure safe conditions and labor protection for remote workers, the employer fulfills the duties provided for in this Code, and also familiarizes remote workers with labor protection requirements when working with equipment and tools recommended or provided by the employer. Other obligations of the employer to ensure safe conditions and labor protection established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation do not apply to remote workers, unless otherwise provided by the employment contract on remote work. work.

Article 312.4 of the Labor Code of the Russian Federation. Peculiarities of working time and rest time for a remote worker

Unless otherwise provided by the employment contract on remote work, the working hours and rest hours of the remote worker are established by him at his own discretion.
The procedure for providing a remote worker with annual paid leave and other types of leave is determined by the employment contract on remote work in accordance with this Code and other acts containing labor law norms.

Article 312.5 of the Labor Code of the Russian Federation. Features of termination of an employment contract for remote work

Termination of an employment contract for remote work at the initiative of the employer is carried out on the grounds provided for in the employment contract.
If a remote worker is familiarized with the order (instruction) of the employer to terminate an employment contract for remote work in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send the remote worker by registered mail with notification a duly executed copy of this order ( orders) on paper. The best