Additional agreement on working from home: sample filling

Subject of the agreement

1.1. Under this employment contract, the Employee undertakes to perform duties at home according to his profession/position [indicate the work of the position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee] from materials and using tools and mechanisms [allocated by the Employer/acquired by him at his own expense], and the Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.

1.2. Work under this agreement is the main place of work for the Employee.

1.3. Working conditions in the workplace in terms of the degree of harmfulness and (or) danger are [optimal (class 1)/permissible (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)].

1.4. The probationary period for hiring is [specify the period]./The employee is hired without a probationary period.

1.5. The employment contract is concluded for an indefinite period.

1.6. The employee must begin work on [day, month, year].

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Home and teleworkers

Homeworkers are understood as workers with whom they enter into an employment contract to perform work at home, using materials and tools from the employer, or purchased by the homeworker independently (Article 310 of the Labor Code of the Russian Federation).
Several years ago, a new concept appeared in labor legislation - remote worker. Remote workers are understood as workers who perform their work duties outside a specific workplace, being under the direct or indirect control of the employer, and their work activities take place using the Internet (Article 312.1 of the Labor Code of the Russian Federation).

These two concepts have virtually no differences between themselves; homeworkers can also use the Internet in their work. The division is carried out depending on the final result of labor, for example, homeworkers create some kind of material result (sewing products, parts, etc.). The result of remote work does not have a material result (programmer, designer, etc.).

Thus, the work performed by home workers includes:

• Sewing garments;
• Repair, cleaning, washing and sewing of workwear;
• Providing information online or by telephone;
• Manufacturing of consumer goods.

Rights and responsibilities of an employee

2.1. The employee has the right to:

— conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

- providing him with work stipulated by the employment contract;

— performance of work stipulated by this employment contract, with the participation of members of his family;

- use of materials, tools and mechanisms allocated by the Employer to perform work / compensation for wear and tear of tools and mechanisms used by him to perform the work stipulated by this employment contract [if the tools and mechanisms belong to the Employee];

— timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

— rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;

— training and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws;

— association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

— participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any, and by the collective agreement;

— conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements;

— protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law;

— resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

- compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

— compulsory social insurance in cases provided for by federal laws;

- [other rights].

2.2. The employee is obliged:

— conscientiously fulfill his labor duties assigned to him by the employment contract;

— comply with established labor standards;

— comply with labor protection and occupational safety requirements;

- [other duties].

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Working conditions for homeworkers

Work assigned to homeworkers must be performed under conditions that meet labor safety requirements.

Important! If the work performed requires the availability of personal protective equipment, the employer is obliged to provide employees with them in order to prevent occupational diseases.

Homeworkers can perform the required work only if they have the necessary housing conditions for this. In addition, the production of certain types of products may create inconvenience for the neighbors of the homeworker. For some work, you will need to obtain permission from the fire and sanitary inspectorate.

The employer’s responsibilities also include familiarizing homeworkers with local company documents regulating the process of labor protection, as well as training workers in safe working methods, including conducting briefings and certification of the homeworker’s workplace (Order of the Ministry of Health No. 342n).

Rights and obligations of the employer

3.1. The employer has the right:

— conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

— conduct collective negotiations and conclude collective agreements;

— encourage the Employee for conscientious, effective work;

— require the Employee to perform his labor duties;

— bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

— adopt local regulations;

- create associations of employers for the purpose of representing and protecting their interests and join them;

— create a works council;

- [other rights].

3.2. The employer is obliged:

— comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the employment contract, agreements, collective agreement [if any];

— provide the Employee with work stipulated by the employment contract;

— provide the Employee with equal pay for work of equal value;

— pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], internal labor regulations, and the employment contract;

— conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

— provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

— timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

— consider the submissions of the relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

— create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

— carry out compulsory social insurance of the Employee in the manner established by federal laws;

— ensure investigation and recording of industrial accidents and occupational diseases;

— to compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

- provide the Employee with tools and mechanisms, as well as raw materials, materials and semi-finished products to perform the work provided for by this agreement [indicate in what order and within what time frame] / pay compensation for wear and tear of tools and mechanisms belonging to the Employee [indicate in what amount, order and within what time frame];

— reimburse the Employee for expenses related to the performance of work duties [indicate in what order];

— export finished products [specify in what order and within what time frame];

- [other duties].

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Sample form of an employment contract (with a home worker)

Employment contract

(with home worker)

"__" ___________ ____ y. y. _______________________

___________________________________________________________________

(name of company)

INN/KPP ________________________________, represented by ________________________________,

(position, full name)

acting on the basis ______________________________________________,

(Charter, regulations, power of attorney)

on the one hand, hereinafter referred to as the “Employer”, and the citizen

Russian Federation ___________________________________________________,

(FULL NAME.)

passport series _____ N ________________, issued __________________________,

(by whom, when)

on the other hand, hereinafter referred to as the “Employee”, have entered into this

an employment contract regarding the following:

1. General provisions of the employment contract

1.1. The employee undertakes to perform duties in ___________________

_________________________________________________________________________

(name of company)

by position _________________________________________________________________,

qualifications ____________________________________________________________

specific type of assigned work: ________________________________________________

_________________________________________________________________________

________________________________________________________________________,

a The Employer undertakes to provide the necessary conditions for the fulfillment

assigned work, pay the wages established by the contract

fee.

1.2. Place of work: ________________________________________________

________________________________________________________________________.

(indicate the address of the Employee’s place of residence)

1.3. This employment contract is concluded:

- For undefined period

start date: __________________.

- for a certain period

work start date: ___________, work end date: __________.

1.4. An employee is hired for a probationary period _______/

without probation period.

2. Terms of payment

2.1. For the performance of work specified in this agreement,

The employee is paid the following wages:

— tariff rate (salary) in the amount of:________________________________

per month (day, hour);

— extra charge in the amount of _______________________ rubles;

— bonus in the amount of ______________% of ____________________________;

— other payments ___________________________________________________.

2.2. Salary is paid to the Employee twice a month

________________________________________________________________________.

(dates and place of payment of wages)

2.3. If the Employer violates the established payment deadlines,

due to the Employee, the Employer is obliged to pay them with payment

interest in the amount provided by law.

3. Working hours and rest hours

3.1. Working hours and the procedure for using rest time

The employee determines independently.

3.2. Weekends are determined by ___________________________________.

3.3. The employee is entitled to annual paid leave

duration:

— main _______________________ calendar days;

— additional ________________ calendar days.

4. Working conditions, guarantees and compensation

4.1. Working conditions: _______________________________________________

________________________________________________________________________.

(normal, severe, dangerous, harmful)

4.2. Guarantees: ____________________________________________________

_________________________________________________________________________

________________________________________________________________________.

4.3. Compensation: _________________________________________________

________________________________________________________________________.

(indicate if the Employee uses his own equipment or

materials)

5. Compulsory social insurance

5.1. During the period of validity of the employment contract, the Employee is subject to

compulsory social insurance in accordance with the Federal

Law N 165-FZ of July 16, 1999 “On the fundamentals of compulsory social

insurance."

6. Rights and obligations of the Employee

6.1. The employee has the right to:

- conclusion, amendment and termination of an employment contract, in accordance with

and under the conditions provided for by the Labor Code and other federal

laws;

— timely provision of the conditions stipulated by this labor

work contract;

— use of materials, equipment and tools in work

Employer;

- compensation for expenses in case of using your own

equipment, your materials;

- involvement of other members in the performance of their duties

families, without creating an employment relationship between the latter and the Employer;

— timely payment of wages and additional allowances,

established by this employment contract;

— rest, annual paid leave;

– other rights in accordance with labor legislation

Russian Federation, other legal acts regulating

labor relations, local acts of the organization - the Employer,

job description.

6.2. The employee is obliged:

- perform duties prescribed by labor

legislation, other normative legal acts containing norms

labor law, local acts, job descriptions and this

employment contract;

— maintain labor discipline;

- conscientiously perform their job duties as defined

job description assigned to him by this labor

agreement;

- perform assigned work within the time limits established by the manager;

— comply with established labor standards;

— ensure the safety of what is provided by the Employer

equipment, tools, documents.

7. Rights and obligations of the Employer

7.1. The employer has the right:

— conclude, amend and terminate employment contracts with the Employee in

in the manner and under the conditions provided for by the Labor Code, other

federal laws;

— approve local regulations;

— demand that the Employee fulfill his labor duties;

— involve the Employee in disciplinary and material

liability in the manner established by the Labor Code of the Russian Federation

Federation and other federal laws;

– other rights in accordance with labor legislation

Russian Federation, other legal acts regulating

labor relations, local regulations.

7.2. The employer is obliged:

— comply with labor laws and other legal regulations

acts containing labor law norms regarding the conclusion, amendment

and termination of the employment contract with the Employee;

— provide the Employee with work specified in the employment contract;

— keep track of working hours by month and for the entire accounting period;

— pay the Employee wages in a timely manner and in full

fee;

— provide the Employee with equipment, tools, technical

documentation and other means necessary for the performance of his labor

duties at home;

— pay compensation to the Employee in case of using it

own equipment, own materials;

- other duties determined by labor legislation,

other regulatory and local acts.

8. Responsibility of the Employee and the Employer

8.1. The Employee, for causing damage to the Employer's property, bears

financial liability in the amount provided for in force

labor legislation.

8.2. The Employee and the Employer are responsible for failure to comply

or improper performance of duties in the manner prescribed

labor legislation of the Russian Federation.

8.3. The Employer is obliged to compensate the Employee for what he did not receive.

earnings in case of illegal deprivation of his opportunity to work.

8.4. The employee is responsible for disclosing commercial

secrets that became known to him in connection with the performance of his job duties.

9. Procedure for registration, amendment and termination of an employment contract

9.1. This employment contract has been drawn up in two copies,

having equal legal force.

9.2. One copy of the employment contract is kept by the Employer,

the second is for the Employee.

9.3. All changes to the employment contract are drawn up in the form

additional agreement to the contract and on the basis of the rules set out in

Labor Code of the Russian Federation.

9.4. This employment contract may be terminated on the grounds

established by the labor legislation of the Russian Federation.

Employer Employee

__________________________________ ___________________________________

(name of organization) (full name)

__________________________________ ___________________________________

(legal address) (residence address)

__________________________________ ___________________________________

__________________________________ ___________________________________

(TIN/KPP) (date of birth)

__________________________________ ___________________________________

(name of bank) (passport, series, number)

__________________________________ ___________________________________

(correspondent account) (by whom and when issued)

__________________________________ ___________________________________

(BIK) (insurance certificate)

___________________________________

(TIN)

__________________________________ ___________________________________

(Contact phone number) (Contact phone number)

_________ ________________________ _________ _________________________

(signature) (full name) (signature) (full name)

"__" ________________ _________ "__" ________________ __________

M.P.

10. Receipt by the Employee of an employment contract

I received a copy of the employment contract “__” ____________ ____

_____________ ___________________________

(signature) (Full name of the Employee)

Working time and rest time

4.1. The Employee’s working hours and rest hours are set by him at his own discretion [or provide otherwise].

4.2. The employee is granted annual basic paid leave of [value] calendar days.

4.3. The employee is granted an additional annual paid leave of [value] calendar days [indicate the basis for providing additional leave].

4.4. For family reasons and other valid reasons, the Employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the Employee and the Employer.

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Homeworker: time tracking

The work of a homeworker is regulated by labor legislation, but it is not always possible to apply the general rules of labor legislation to such categories of workers. Homeworkers independently determine their working hours, and therefore the employer does not have the opportunity to control compliance with the homeworker’s work schedule.

Submission of the homeworker to the internal labor regulations of the organization is one of the signs of labor relations between the employer and the homeworker. For this purpose, when concluding an employment contract, the parties must agree that the internal labor regulations apply to the homeworker to the extent that does not contradict the essence of the employment contract concluded with him.

Terms of payment

5.1. The Employee is set a salary in the amount of [amount in figures and words] rubles./A piece-rate wage system is established for the Employee. Salary is calculated based on [specify calculation method].

5.2. Additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal conditions, systems of additional payments and incentive allowances and bonus systems are established by a collective agreement, agreements, local regulations and other regulatory legal acts containing labor law norms.

5.3. Wages are paid to the Employee [indicate specific dates of the calendar month]./ Wages are paid to the Employee at least every half month on the day established by the internal labor regulations.

5.4. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensation provided for by the current labor legislation of the Russian Federation.

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The legislative framework

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Final provisions

8.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

8.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

8.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force.

8.4. All changes and additions to this employment contract are formalized by a bilateral written agreement.

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