- The law establishes the following types of remote work:
- permanent - during the term of the employment contract;
- temporary - continuously for a certain period not exceeding six months;
- combined – a combination of working remotely and from the office.
To switch to any type of remote work, an employment contract or an additional agreement to it is required. At the same time, in emergency cases (for example, in case of an epidemic), the employer has the right to transfer an employee to remote work unilaterally without the consent of the employee and making changes to the employment contract. In this case, the employer will need to issue an appropriate local regulatory act and familiarize the employee with it in a way that allows the employee to reliably confirm receipt of this document.
At the same time, the Law provides for the possibility of interaction between a remote employee and an employer in any way that allows recording the fact of receiving an electronic document. However, for the conclusion, modification or termination of an employment contract in electronic form and an addendum.agreements to it, agreements on mat.the employer will need an enhanced qualified electronic signature, and the employee will need a similar or enhanced unqualified electronic signature.
In addition to the general grounds provided for by the Labor Code, the Law introduces two additional grounds for the dismissal of a remote employee:
an employee does not get in touch for more than two consecutive working days without a valid reason;
a change of location by an employee on a permanent remote job, if this entails the impossibility of performing duties on the same conditions.
In addition to the above changes, the Law introduces other clarifications regarding the legal regulation of remote labor. In particular, it provides for the specifics of the organization of work and general rules for the interaction of a remote employee with an employer, regulates labor protection issues, etc.
Since the Law comes into force on January 01, 2021, it is advisable for employers to draft local regulations regulating remote work and the procedure for interaction with remote workers before this date, as well as, if necessary, amend existing employment contracts with employees.
For our part, we will be happy to support you in the correction and development of relevant documents.