How is a remote employee different from a homeworker? Comments from Rostrud

Content

Which departments can be transferred to remote work?
How to correctly arrange the transfer of employees to remote work in accordance with the Labor Code of the Russian Federation
About the additional agreement when transferring to remote work
Requirements for a remote employee's workplace
How to monitor the work of remote employees
Psychological characteristics of remote work

The management of budgetary organizations and state-owned companies is recommended to transfer employees to remote work, if possible. It is proposed to introduce a flexible schedule for on-duty staff so that people overlap with each other as little as possible.

As of March 17, ABiUS employees also began working remotely. We switched the Academy to remote work in just 24 hours, although the team is quite large. In this article, we will tell HR specialists how to properly transfer employees to remote work and not forget anything.

Responsibilities

The responsibilities of each employer include:

compliance with labor laws ;
providing the employee with exactly the work that is due to him, guaranteeing acceptable working conditions;
providing means that would allow him to work, contributing to his protection;
maintaining equality in remuneration for employees performing of equal cost and time;
Timely payment of labor in the forms prescribed by the agreement;
participation in collective negotiations , conclusion of a collective agreement ;
provision for review of documents issued by the head of the organization or his authorized representative, which would affect their work;
payment of fines , execution of orders of government authorities, as well as special labor supervision bodies;
correction of violations identified by trade unions and other bodies defending employee privileges;
creation of a system in the organization in which it would be possible for its employees to participate in management (in accordance with labor standards);
satisfaction of everyday needs that arise for employees at work;
implementation of compulsory insurance of employees in the forms specified by the Labor Code of the Russian Federation;
compensation for damage that was caused to the employee in the process of work (and, among other things, moral);
fulfillment of duties provided for by other legal norms in the field of labor.

Labor Code is more the law of employees than of employers . This contributes to greater legal protection for people working for the employer. This allows us to build mutually beneficial cooperation between the subjects of labor relations.

We talked in more detail about how labor legislation regulates the rights and obligations of the parties to labor relationships here.

Which departments can be transferred to remote work?

Arriving at your office today, you learned that your boss had given you an order to organize the transfer of employees to remote work. If you have a team of 5 people, this is not so scary. But when there are 70-100 specialists on staff, there is a lot of work ahead. So where to start?

First, make a list of employees who plan to transfer to remote work. As a rule, the first people in an organization to go remote are programmers, administrative staff, and support services. Management, accounting and other employees who use an electronic document management system can work remotely, but no less effectively. Leave only on-duty personnel at work stations.

How to correctly arrange the transfer of employees to remote work in accordance with the Labor Code of the Russian Federation

Remote work of personnel is regulated by Ch. 49.1. Labor Code of the Russian Federation “Features of regulation of labor of remote workers.”

In order to transfer your team to remote mode, you will need:
minutes of the general meeting of the labor collective
order to transfer employees to remote work
statements from employees about switching to remote work
additional agreements to the main employment contract

You should start by holding a general meeting of employees, at which you will notify the team about the new work procedure. Based on its results, a protocol on the general meeting of the labor collective is prepared.

Then an order is prepared for the organization to transfer employees to remote work. It is important to indicate in the order for what period, why and why employees are transferred to remote work, and what measures the employer is taking to protect its employees in connection with the current situation. At the Academy, we have set the validity period of the remote mode - 1 month, until the threat of the spread of the virus passes.

All employees must write statements about switching to remote work. The application indicates from what date the employee plans to start working remotely and his position. You can use a sample like this:

Work of district police officers with the population

The local police commissioner is required to regularly conduct a tour of the territory. At the same time, he must be dressed in a service uniform. When contacting a citizen, a police officer must introduce himself. The district police officer has the right to enter private territory (plot, apartment or house) only with the consent of the owners. At the same time, the police officer is obliged to provide any possible assistance to people in emergency situations.

The responsibilities of the district commissioner during execution include receiving oral and written statements from citizens.

About the additional agreement when transferring to remote work

The final step in preparing personnel documentation is the development and signing of additional agreements to the main employment contract with employees.

Reason for changes in the terms of the employment contract

Do not forget to indicate in it the reason for changing the terms of the employment contract. In the current circumstances, there is a threat of the spread of a dangerous viral infection in Russia and the desire to protect the health of workers.

Place of work

The additional agreement reflects the change in the employee’s place of work - outside the location of the employer, its separate structural unit. That is, outside a stationary workplace, directly or indirectly under the control of the employer.

Operating mode

The working hours will depend on the terms of the main employment contract and the decision of the organization’s management. For example, at the Academy we left the standard 8-hour working day. But a flexible schedule can also be developed, within the framework of the Methodological Recommendations of the Ministry of Labor of Russia, and individual work schedules for employees, if there is such a need.

Occupational Safety and Health

Since we are talking about remote work, it should be noted in the additional agreement that the employer fulfills his obligations to ensure safe conditions and labor protection only in terms of clauses 17, 20 and 21 of Part 2 of Art. 212 of the Labor Code of the Russian Federation, as well as familiarizing the employee with labor protection requirements when working with equipment and tools recommended or provided by the employer.

Material values

If during the period of remote work the employee was given any material assets, for example, a laptop, they are also reflected in the additional agreement. Additionally, an act of acceptance and transfer of material assets must be drawn up in 2 copies. If your organization does not have a specially approved form of the act, take any sample, for example, this one:

Means of communication

The additional agreement specifies the means of communication with the employee, exchange of information and documentation, for example, email, Skype, etc. If your organization has special requirements regarding information security, write this down as well. Indicate how the employee will provide documents in paper form if this is unavoidable.

Control

A separate clause in the additional agreement may be the procedure for monitoring an employee at a remote workplace. For example, his responsibility is to answer calls or messages within certain deadlines, send reports, be in touch at specific hours, go to general video conferences and work chats on time, etc.

When you prepare all the specified documents, 90% of the necessary work will be completed. Then all that remains is support and control of employees while they work remotely.

Would it be easier to pay the fine? By the way, what is he like?

Fines for failure to provide information about open vacancies in companies are set by regional authorities. For example, in Moscow the fine for an official will be 300–500 rubles, and for a legal entity from 3,000 to 5,000 rubles. At the same time, penalties may be demanded even for “untimely failure to provide” information about vacancies. https://www.klerk.ru/buh/articles/455015/ Employers ensure the completeness, reliability and relevance of information about the need for workers and the conditions for attracting them, about the availability of available jobs and vacant positions, posted in the All-Russian information and analytical system database of vacancies “Work in Russia” in the manner established by the Government of the Russian Federation. (Clause 3.1 was introduced by Federal Law dated December 22, 2014 N 425-FZ; as amended by Federal Law dated December 28, 2016 N 495-FZ). https://www.consultant.ru/document/cons_doc_LAW_60/b219c6607350ec08ecf1bdac551d121bdb38ae9d/ The result of the interest of one side and the disinterest of the other is an insufficient number of vacancies in the data bank of the state employment service. What legal levers exist for employers to solve this problem? First of all, the regulatory legal framework in the fight against unemployment. So, part 3 of Art. 25 of Law N 1032-1 provides for the obligation of employers to provide monthly information to employment service authorities about the availability of vacant jobs (positions). (Vacant workplace is a synonym for the term “vacancy”, meaning that there is an unoccupied workplace or position at the enterprise.) The procedure for employers to provide such information is disclosed in regional regulations and in general terms is as follows. For example, Decree of the Government of the Nizhny Novgorod Region dated 04/20/2009 N 235 “On approval of the procedure for employers to provide information on the availability of vacant jobs (positions) to employment centers in districts (cities) of the Nizhny Novgorod Region”, Government of the Belgorod Region dated 08/29/2011 N 326-pp “On measures to improve the efficiency of interaction between employers and regional government institutions of the employment service of the Belgorod region”, Government of the Murmansk region dated 02.17.2011 N 66-P “On approval of the procedure for providing employers with information on the availability of vacant jobs (positions) and its implementation by service bodies employment of the population of the Murmansk region", Government of the Republic of Ingushetia dated October 27, 2011 N 353 "On approval of the procedure for employers to provide information to the employment service authorities of the Republic of Ingushetia about the availability of vacant jobs (positions) and fulfillment of the quota for hiring disabled people." 1. Information about the number, composition of employees, their wages and working conditions, about the hiring and dismissal of workers, as well as the availability of available jobs is not a commercial secret and is provided to the employment service authorities upon their request. 2. Employers are required to provide information on the availability of vacant jobs (positions) on a monthly basis in a certain form (some regions have their own specifics for this procedure, for example, in the Amur region such information must be provided to the employment service authorities within three days from the date the vacancy appears, provision information about vacancies after the expiration of a three-day period is equivalent to failure to provide information; in the Belgorod region, all employers provide information about the availability of vacant jobs (positions), fulfillment of the quota for hiring disabled people to employment centers as needed, but at least once a month , no later than the 28th day of the current month, provision of information after the specified period is regarded as failure to provide information). https://hr-portal.ru/article/realizaciya-rabotodatelem-obyazannosti-informirovat-sluzhbu-zanyatosti-o-vakantnyh-rabochih If information about the availability of vacant jobs (positions) is not provided to employment centers, employers bear the responsibility established by law . What responsibility do employers have for not providing information about job vacancies? Current legislation provides for administrative liability for failure to provide information (information). Article 19.7 of the Code of Administrative Offenses of the Russian Federation states: failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as submission to a state body (official) such information (information) in incomplete volume or in a distorted form, except for the cases provided for in Part 4 of Art. 14.28, art. Art. 19.7.1, 19.7.2, 19.7.3, 19.7.4, 19.7.5, 19.7.5-1, 19.8 of this Code - entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles; for legal entities - from three thousand to five thousand rubles. This article is of a general nature - in contrast to the articles of the Code, in which the legislator relates the offenses committed to a specific subject of legal relations, for example Art. Art. 8.5 (concealment or distortion of environmental information), 13.19 (violation of the procedure for submitting statistical reports), 15.6 (failure to provide information necessary for tax control). The object of the offense under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation are public relations related to the right of government bodies to receive information provided for by current legislation. The subjects of the offense can be citizens, officials, and legal entities. The objective side of the offense is characterized by both actions and inaction of a citizen, official or legal entity obliged to provide certain information to a government body, but who did not provide it or provided incomplete, distorted information. According to clause 86, part 2, art. 28.3 of the Code of Administrative Offenses of the Russian Federation, protocols on administrative offenses under this article may be drawn up by officials of the federal executive body in charge of employment issues. Cases of administrative offenses under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation is considered by judges (Part 1 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation). The current Code of Administrative Offenses of the Russian Federation does not contain a special rule providing for the responsibility of the employer for violating the procedure for providing information about vacancies to the employment service authorities. In the absence of a special offense in the current legislation, the general article - 19.7 - will be applied. At the same time, some regional codes and laws on administrative offenses define special elements of administrative offenses. For example, Art. 4.1.1 of the Law of the Krasnodar Territory dated July 23, 2003 N 608-KZ “On Administrative Offenses” provides that failure to provide or untimely provision to the state employment service body of the Krasnodar Territory of information necessary for this body to carry out its legal activities, as well as provision to body of the state employment service of the Krasnodar Territory such information in incomplete volume or in a distorted form entails the imposition of an administrative fine on officials in the amount of 300 to 500 rubles, on legal entities - from 3000 to 5000 rubles. In such cases, a special rule will apply. Please note that the employer is only responsible for failing to provide information about the availability of vacant jobs, but not information about their absence. This is evidenced by judicial practice (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 27, 2011 N 4908/11). If it is revealed that the employer has not provided (concealed) information about the availability of vacant jobs (positions), a specialist from the employment center department draws up an act, which is the basis for the application of sanctions in accordance with current legislation. https://pravoved.ru/question/1481920/ TsZN insists that the employer MUST provide information about available vacancies. We provide information about quota jobs for employing people with disabilities regularly. Are we also required to provide information about all available vacancies? Or is this voluntary? The Moscow City ZZN refers to regulatory documents: 1. Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in the Russian Federation (Article 25. Assistance of employers in ensuring employment).2. Law of the city of Moscow of October 1, 2008 N 46 “On employment in the city of Moscow” (Article 8. Participation of employers in organizing employment of the population).3. Code of the Russian Federation on Administrative Offenses (Article 19.7. Failure to provide information (information)). Answer to the question: Yes, the employment center gave legitimate explanations. In accordance with Art. 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 Employers are required to submit monthly to the employment service authorities: and information on the availability of vacant jobs, vacant positions, created or allocated jobs for the employment of disabled people in accordance with the established quota for hiring disabled people, including information on local regulations containing information about these workplaces, fulfillment of the quota for hiring people with disabilities. Thus, the design of this article imposes an obligation on the employer not only to provide information about jobs for people with disabilities, but also about other vacancies. Read more about interaction with the employment center here: What reasons for refusal of admission can be indicated in a referral to work from the employment center How to find an employee at the employment center, at a job fair Moscow Law of October 1, 2008 N 46 also imposes an obligation on the employer providing information about the need for workers (availability of vacant jobs, positions) to the authorized executive body of the city of Moscow in the manner established by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the city of Moscow. The construction of the norm speaks about the obligation: not “I can assist”, not “I have the right to provide”, but imperatively: employers assist by... Information must be provided in a special form. The form is provided for by Order of the Ministry of Labor of Russia dated February 26, 2020 No. 125n (Decree of the Moscow Government dated June 23, 2009 No. 579-PP). And the statement about the possibility of bringing an employer to administrative liability for failure to provide information about vacancies on the basis of Art. 19.7 Code of Administrative Offenses of the Russian Federation. Situation: Is the organization obliged to report vacancies to the employment service? How and in what time frame? Yes, I must. Information on available and vacant jobs, and in some cases, their absence, must be submitted on a monthly basis. The specific procedure and deadlines may vary depending on the region. For the purpose of effective economic activity, the employer independently and under his own responsibility makes the necessary personnel decisions, including personnel selection. However, the legislation does not require filling all vacant positions as they arise. At the same time, if there are free or vacant places in the staffing table, regardless of whether employees are currently required for them or not, information about them must be reported monthly to the employment service (clause 3 of article 25 of the Law of the Russian Federation of April 19 1991 No. 1032-1). The obligation to notify about vacancies does not depend on the form of ownership of the employing organization and its status. Individual exceptions may be provided at the regional level. As a rule, these are government agencies where positions are filled through competition. Popular questions: How to implement professional standards: we answer your questions. Job descriptions according to professional standards. How to pay salaries and bonuses after October 3, 2020? How to submit monthly reports using the SZV-M form? What changes can we expect in working with personnel in 2020? 100 ready-made samples of ideal work book entries? How to make changes to an employment contract with an employee? How to part with an extra employee? 30 difficult questions about hiring and firing part-time workers? How to prepare for a labor inspection inspection? Employee insurance length calculator? In some regions, an obligation may be established to provide information not only about vacancies, but also about their absence. In particular, such an obligation is established in the Krasnodar Territory (clause 2.2 of the Procedure approved by the resolution of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258). In this case, employers are essentially required to provide information on a monthly basis, even if there are no vacancies. If there is no such clause in regional laws, then there is no need to report the absence of vacancies (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 27, 2011 No. 4908/11). A single date for submitting information has not been established. It can be clarified at the regional office of the employment service. For example, in the Rostov region, information can be submitted before the 5th day of the month following the reporting month (Procedure approved by Decree of the Government of the Rostov Region dated September 25, 2014 No. 646). In the Krasnodar Territory, data is provided as needed, but at least once a month no later than the 28th day of the current month (clause 2.1 of the Procedure approved by the resolution of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258). In many regions there is no exact date for submitting information; it is enough to submit monthly reports. For more information about regional features, see the table. As a general rule, information about vacancies must be submitted in the form approved by Order of the Ministry of Labor of Russia dated February 26, 2020 No. 125n. However, many regions have their own form. For example, for the Rostov region, the form was approved by Decree of the Government of the Rostov Region dated September 25, 2014 No. 646. The Krasnodar Territory also has its own form, approved by Decree of the head of the administration of the Krasnodar Territory dated March 18, 2004 No. 258. For more information on regional features, see table. For failure to provide information about vacancies, and in some regions, about their absence, or for providing information in violation of the deadline, employers bear administrative responsibility. The fine for officials will be from 300 to 500 rubles, for legal entities - from 3,000 to 5,000 rubles. (Article 19.7 of the Code of Administrative Offenses of the Russian Federation). We remind you of the need to provide information about the introduction of a part-time working day (shift) and (or) part-time working week, as well as when production is suspended" "When introducing a part-time working day (shift) and (or) part-time working week, as well as In case of suspension of production, the employer is obliged to notify the employment service authorities in writing about this within three working days after the decision is made to carry out the relevant measures.” Law of the Russian Federation “On Employment of the Population in the Russian Federation”, Article 25, paragraph 2 We remind you that for failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for the implementation of this body (official) his legal activities, as well as the submission to a state body (official) of such information (information) in incomplete volume or in a distorted form, Article 19.7 of the Code of the Russian Federation on Administrative Offenses provides for administrative liability in the form of a fine: - for citizens in the amount of one hundred to three hundred rubles; - for officials - from three hundred to five hundred rubles; — for legal entities – from three thousand to five thousand rubles. https://www.czn-saratov.ru/index.php/rabotodatelyu If you do not trust what is written, you can check the information provided on the sites provided. No one set out to scare, but you need to take note. We often talk about how certain laws don’t work in the Russian Federation, but isn’t it time to just start implementing them!

Requirements for a remote employee's workplace

The employer is not obliged to be directly involved in organizing and arranging a remote workplace. But if the head of the organization is interested in ensuring that the efficiency of employees does not fall due to a change in work location, it is important to check whether the employee has everything to perform it productively. For example, does he have stable access to the Internet at home, a computer suitable for work, the necessary software and communication tools, headphones, a microphone, and so on.

If such funds are not available, measures should be taken to provide the employee with everything necessary. For example, many ABiUS employees took home work laptops based on the transfer and acceptance certificate of material assets.

If an employee needs help installing software or troubleshooting technical problems, you can install TeamViewer on their computer. With the help of this program, technical support will be able to quickly and remotely solve his problems.

Cases when an employer is obliged to maintain a job

The first option is if the employee has the right to leave without pay. This works if the person falls into one of the following categories:

WWII participants - up to 35 calendar days a year;
working pensioners - up to 14 calendar days per year;
working disabled people - up to 60 calendar days per year;
parents, wives (husbands) of military personnel who died in the line of duty - up to 14 calendar days;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days.

The employer cannot refuse this leave and cannot threaten to fire the employee if he exercises his right. The employer must accept the vacation application and maintain the job.

The next case is a long-term illness of an employee. Previously, a person who was sick for too long could be fired. Now the order is different.

First, the employee takes out sick leave for 30 days (maximum), then the sick leave can be extended to 10 months or, in exceptional cases, up to 12 months. After this, the employee is recognized as able to work and the sick leave is closed, or a disability is issued to him. If he has a non-working disability group, this will be grounds for dismissing him. While the employee is on sick leave, his job must remain intact, although it is possible to hire a temporary worker.

The third option is parental leave for up to 3 years. As a rule, this leave is granted to the baby's mother. But few people know that a father, grandmother or grandfather can also take care of a newborn. If it is not the mother, but another relative who decides to go on parental leave, the procedure for granting it is the same. And this employee’s job is also retained.

The fourth case is study leave. If an employee receives education at the appropriate level for the first time, then the organization not only retains the job for this employee, but also pays for those days that fall during study. The study leave periods are as follows:

in the 1st and 2nd courses - 40 days;
in subsequent courses - 50 days.
state final certification - up to 4 months.

At the same time, if an employee decides to obtain a second higher education, then the organization is not obliged to provide study leave and maintain a job.

And finally, the last case of a saved job is when sent on a long business trip. There are situations when an employee is sent to work in a branch in another city for six months or more. Obviously, at this time another employee will perform his functions. But upon return, the main employee must return to the position and job responsibilities performed before the trip. If his place is taken, it means that the organization has violated labor laws.

How to monitor the work of remote employees

Report cards

The working hours of remote employees are kept in the same way as those present in the office. In ABiUS, heads of structural divisions fill out timesheets daily and submit them monthly to a human resources specialist for drawing up a consolidated timesheet. The timesheet shows a standard 8-hour working day.

You can monitor the work of a remote employee throughout the day by installing the Radmin or Hubstaff program on his computer. They allow you to monitor the screen of an employee’s personal computer or laptop in real time.

Meetings

To prevent remote workers from becoming complacent or feeling abandoned, it is important to hold regular conferences, calls, and online meetings. How to organize meetings for remote employees? There are a variety of technical solutions for this: internal chats and organizational services, Skype, Zoom, Telegram, even WhatsApp will do.

Reports

It is important to think about organizing current employee reports on completed tasks. These could be mini-reports that an employee sends at the end of the day to the head of a structural unit, short planning meetings via Skype, Zoom or other video conferencing programs, or filling out a general report form in the cloud, for example, in Google Docs.