How to transfer employees to remote work: fill out an application and transfer order

The Ministry of Labor recommends that employers transfer employees to work remotely during the active spread of coronavirus (COVID-19). Remote work requires proper documentation from the point of view of labor legislation, in particular the employee writing an application to switch to remote work and the employer drawing up an order to transfer the worker to remote work.

We recommend reading: Unlawful dismissal due to coronavirus.

Transferring an employee to remote work: how to do it

Telecommuters do not have to work from home. Their workplace can be located anywhere within the Russian Federation, but not at the location of the employer, its branch, representative office or separate division (Article 312.1 of the Labor Code of the Russian Federation). If an employee is initially hired to work remotely, this is stipulated in his employment contract.

However, there are situations when a citizen gets a job as usual, at the employer’s premises, but then they decide to transfer him to remote work. The reason for such a transfer could be not only the actively spreading coronavirus, but also the employee’s move to another city, a sudden illness that limited his movement, etc.

Since the transition to remote work entails a change in the terms of the employment contract, the following algorithm of actions is applied:

The employee writes an application addressed to the head of the organization, where he asks to transfer him to remote work from a certain date. You can indicate the reason why such a need arose.
The employer endorses the application for transfer to remote work, for example, writes in the upper corner: “I agree with the transfer,” after which he puts his signature and date.
An additional agreement to the employment contract is concluded between the employee and the employer - in accordance with Article 72 of the Labor Code of the Russian Federation. Its effect may be limited to a certain period (if the employee’s transition to remote work is related to temporary circumstances).
The head of the organization issues an order to transfer the employee to remote work. The employee is introduced to the contents of this document upon signature.
The corresponding changes are made to the employee’s personal card, and notes are made on the working time sheet.

An employee’s temporary or permanent transition to remote work should not lead to a reduction in wages if his job functions and their scope remain unchanged. Remuneration does not depend on the subordinate’s place of work (it affects only the presence or absence of regional coefficients, as well as their size), but is determined by his qualifications, the quality and quantity of labor invested, and the complexity of the work (Article 132 of the Labor Code of the Russian Federation).

The transfer of an employee to remote work is not recorded in his work book.

Do I need to write an application for remote work due to coronavirus?

Using a statement, an employee can contact management with any request. This may also be the desire to work from home in difficult epidemiological conditions of the spread of coronavirus.

In connection with the COVID-19 virus, Putin declared non-working days until April 30, 2020, with a possible extension of this period depending on the circumstances. Many organizations had to suspend activities and close. Employers can save employment and work flow by transferring staff to remote mode; this is the method of organizing the work process that the Ministry of Labor recommends.

If the director does not propose to switch to remote work, then the employee has the right to express his desire to work remotely from home during the coronavirus threat.

It is recommended that you put your request in writing using a statement. The issue of transfer is resolved by agreement; there are no norms in labor legislation obliging the parties to unilaterally switch to remote work.

By writing an application and submitting it to the employer, the employee can expect that his request will be considered by the employer. For safety reasons, it is reasonable for the director to arrange working conditions for the applicant to work from home - if this is possible for the employee's position.

Thus, if a person understands that he can work with equal efficiency from home, and the employer does not offer to switch to remote mode, then it is recommended to independently make such a proposal in the form of an application. A writing sample is provided below for free download.

When is an employee’s consent required to work remotely?

An employee writes consent to remote work when he receives a written offer of transfer from his superiors. If we send the notification to the manager in writing, then the employee also needs to prepare his consent on paper.

In the text, he has the right to agree with the offer of remote work or refuse, justifying his point of view.

In fact, the employee’s consent is not a mandatory document. The parties can verbally agree on the organization of a remote work regime, and then sign a bilateral additional agreement on a new workplace and changed working conditions.

Orders from the manager and additional the agreement will be sufficient to transfer a person remotely.

If the employer requires you to write a response to the proposal to switch to a remote work mode, then the employee should do so. The document is not complicated, it can be written in 5 minutes, we suggest downloading a sample design below.

How to apply for transfer to remote mode?

If an employee wants to work remotely from home for safety reasons during the coronavirus epidemic, then they should write a statement with the following content:

At the top, indicate the full name and position of the manager, the name of the organization;
write your name and position;
center the title and title of the document;
make a request to transfer to remote work in connection with the spread of coronavirus and the looming threat of infection, while indicating the fact that all duties are retained in accordance with the job description and wages are maintained at the same level (subject to the same amount of work being performed);
desired terms of remote work, it is possible to indicate a general phrase - until the regime of daily activities in Russia (normalization of the epidemiological situation in the country);
signature and date of preparation.

If an employee writes consent to a transfer in response to a notification received from management, then the text should indicate his decision - consent or refusal to work remotely.

The completed document is signed personally and handed over to management. When deciding to work remotely, it is not enough to discuss it in words. The employee needs to personally verify that he has really been transferred, and this is enshrined in the documents in accordance with the Labor Code of the Russian Federation.

The employee must see an order on remote work indicating the deadlines and an additional agreement to the employment contract.

An example of an application for transfer to remote work due to coronavirus -.

Sample consent for remote operation during the epidemic - .

Transfer to remote work - sample application

The employee draws up an application with a request to transfer him to remote work in any form. But it should reflect:

Full name, position of the employee (indicated in the “header”, in the upper right corner);
request for transfer to remote work, explanation of the reasons for it;
the nature of the transfer – temporary or permanent;
remote work start date;
its expiration date, if it is temporary (may be associated not with a specific date, but with the occurrence of some event, for example, the lifting of quarantine in the city);
date of writing the application, signature of the employee.

Below is a sample application from an employee who wants to work remotely:

General Director of Topaz LLC
Kolyshev P.O.
from the chief accountant
Almazova G.P.
STATEMENT
Due to the difficult epidemiological situation in Moscow, I ask you to temporarily transfer me to remote work while maintaining full work functions from March 23, 2020 until the end of the restrictive measures introduced due to the threat of the spread of coronavirus.
03/19/2020 Almazova

Is it possible to transfer an employee to remote work temporarily?

Although there is no such norm in the Labor Code yet, nothing contradicts the possibility of using remote work temporarily. To do this you need to take the following steps:

Hold a team meeting to explain the reason for the transition to remote work and the procedure for interactions in this mode.
Collect statements of those who agree with the translation.

Further, all points will coincide with those indicated in the previous section of the article. The only difference between the additional agreement and the order is the indication that the employee is not transferred to remote work forever, but for a certain period of time, that is, temporarily.

You can specify the option: “with…. until further notice." In this case, the employee must receive notification three working days in advance that he is being called back to “full-time” work. The date of release must be reflected in the order (“Economist A.A. Ivanov, from April 15, 2020, to begin performing his labor duties on the employer’s territory ... at the address ...”).

If you specify an exact time frame, then another additional agreement may be needed to extend the period of remote work.

Important!

Employees who refuse to write an application for remote work cannot be forced to do so. If the employer cannot provide them with the working conditions specified in the employment contract, then he must pay them for forced downtime at the rate of 2/3 of the salary. Let’s say they break down the walls in the office, 5 people agree to take work home, and 3 don’t. The latter will have to pay two-thirds of the salary. Forcing them to take a vacation at their own expense or insist on remote work is dangerous (sanctions from the labor inspectorate, the prosecutor’s office and the court are possible).

Transfer to remote work: how to control a remote employee

Some employers are in no hurry to transfer subordinates to remote work, fearing that it will be difficult to control them. Video communication, oral and written reporting, photo and video documents provided by a remote employee during the working day and at the end via the Internet can help solve this problem. The employee’s obligations to prepare such reports and submit them to the employer in a timely manner, and to remain in touch during the entire working time, should be included in an additional agreement to the employment contract. It must also be stated there that failure to comply is grounds for applying disciplinary sanctions to the employee (Article 192 of the Labor Code of the Russian Federation).

When will you need a document?

Now, amid the announcement of general self-isolation due to the coronavirus pandemic, working from home is the only option for many Russians. But even in “peaceful” times, the parties have the right to agree that the employee works at a distance, reports regularly, and presents results according to a previously agreed upon procedure.

Read more: Information about remote work

But if a regular employment contract has been concluded and the workplace is located on the employer’s premises, it is necessary to correctly arrange the transfer to remote work. This is done using several documents:

application or consent of the employee to switch to a new regime - depending on who initiated the transfer;
additional agreement to the employment contract;
order on organizing remote work.

Read more: How to enter into an additional agreement for remote work

A few words about the statement from the employee. It is drawn up in any form in compliance with general rules: indicating the addressee, the reasons for the transfer, the period for which the work regime is changing.

As an example, we offer a sample application for remote work from lawyer I.I. Penkin.

If the initiator of the transfer is the employer, he should adhere to the provisions of Art. 72 Labor Code of the Russian Federation. The main rule is to obtain the consent of the subordinate.

Read more: How to draw up a notice of change in the terms of an employment contract

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.

Is it possible to force a remote transfer?

Chapter 49.1 of the Labor Code of the Russian Federation regulates how to arrange a transfer to remote work and pay for the work of such personnel. The Labor Code guarantees them the rights established by labor legislation in full.

Working outside the employer’s location is an important condition of the employment contract. Labor relations are based on a voluntary agreement between the employee and the employer. Significant changes in the organization of the work process must be agreed upon by both parties. Forced transfer, including to remote work, is prohibited. It is necessary not only to issue an order to transfer employees to a remote form of work, but also to obtain their consent.

Here is a short guide to transferring an office to remote work under force majeure conditions:

We are conducting a survey to find out who agrees to the new form of work.
We are assessing the company’s ability to provide remote access to local electronic resources.
We evaluate the availability of necessary equipment for remote workers and the company’s ability to provide it.
We issue an order to transfer employees to remote work.
We conclude an additional agreement to the employment contract with everyone who plans to work remotely.
We are implementing a system for monitoring the execution of assigned tasks.

How to apply for remote work during coronavirus

When introducing a remote work mode, the HR manager needs to do a large amount of work, making changes to employment agreements with employees. To do this you need to follow several steps.

Step 1. Determine which employees can be transferred to remote work

Together with department heads, it is necessary to determine which employees will be able to work from home without losing the quality of their work.

To do this, it is necessary to provide them with the necessary programs at their workplaces and open external access to the company’s network resources.

It is advisable to issue in the form of an order a list of which employees by name, or employees of which positions can be temporarily transferred to remote work.

Step 2. Discuss with the employee the transfer to remote work

It is necessary to discuss with employees their ability to work remotely and clarify who has the necessary computer and office equipment for this.

If the employee does not agree with such a transfer, then it cannot be done forcibly only on the basis of an order from the manager.

The thing is that changing the place of work is an essential condition of the employment agreement, and it, in turn, should be carried out only by signing an additional agreement.

Even the introduction of regional preventive measures does not change this order, and cannot be the basis for unilateral changes.

Attention! In such a situation, transferring to remote work can only be done within the framework of the Labor Code, and this requires notifying the employee 2 months before the changes, which is not acceptable in the context of the spread of coronavirus.

Step 3. Draw up an additional agreement

Upon receipt of consent from the employee to work remotely, it is necessary to prepare an additional agreement.

It must be remembered that such a transition to remote work is only a change in the employee’s place of work. He remains with the same employer and will perform all the same job functions. Therefore, this is not a transfer to another job.

The following conditions must be included in the additional agreement:

Indicating that work will be performed remotely is the main point of change;
The employer's name must be indicated as the place of work. There is no need to write down your residential address for the period of remote work here;
It is necessary to indicate the procedure for ensuring safe working conditions for the employee;
Determine the procedure for exchanging information between an employee and the office, or between employees. Separately, it is necessary to stipulate the rules for the exchange of data that constitute state or corporate secrets;
Determine the procedure for providing the employee with the property necessary to perform his duties;
Determine the conditions for monitoring the employee’s work - for example, how he should report on the work done, how often this should happen, etc.

Attention! If an employee will use personal equipment (tablet, computer, printer, etc.) to perform his duties, it is necessary to describe the procedure for calculating and paying compensation for this.

Step 4. Place an order

Based on the concluded employment agreement, an order is issued that confirms the transfer of the employee to remote work for a certain period. The text of the order is drawn up in any form.

The procedure for approving and storing an application

After considering the application, the employer must decide whether or not the employee will switch to remote work.

From the point of view of legislation, the introduction of a remote work mode is not a transfer, since it only implies a change in working conditions and the removal of the employee’s obligation to be on the employer’s premises at a certain time.

The application can be provided to the employer in one of two forms:

Written.
Electronic.

The form in which a document is presented does not affect the order of its consideration.

The employer has the right to require from the employee notarized copies of documents printed on paper.

Registration of a remote worker consists of several stages:

Reception of documents.
Familiarization of the employee with local regulations.
Conclusion of an employment contract, which must specify all working conditions. When transferring to remote mode, no contract is concluded. An additional agreement is drawn up to it, which must contain all the points containing information about the features of organizing remote work.
Adoption of an order to hire a remote worker.
Beginning of maintaining the employee’s work book. This step is optional.
Filling out an employee card.

Compliance with all these points is necessary when hiring a new person. The transfer of an already working employee is carried out much faster.

After submitting the application to the employer, it must be stored in the organization.