What is the work of a remote employee. An employment contract with a remote employee: a sample of filling. Pros and cons of remote work

This article is the head of the book of Avara's labor law of Russia

The new law makes major changes to the Russian labor law. Now the legal opportunity to organize the remote work of the employee has at home. Earlier in the Labor Code, the so-called "work at home" was provided, but its conditions for its use were very limited and could not actually be applied in a situation where the employee was taken to remotely work at home or in a different place remote from the office. The old rules on homeworkers, which still remain in force, regulate the situation in which the employee performs the responsibilities associated with the production of consumer and craft products from materials and using the tools of the employer or employee tools. Thus, these rules could not be applied to regulate the labor of various categories of workers. In Russia, there was an acute need to regulate the remote labor of such categories of workers as IT professionals, sales representatives, consultants, translators I.T.D. Changes provide the opportunity to legally consolidate relations with such employees.

According to the new law, remote operation is the performance of labor duties outside the location of the employer, its branch, representation or other places under the control of the employer. The new law indicates the need to organize communication through the use of information and telecommunication networks, including the Internet, to perform work and interaction with the employer. The important provision of the new law is the provision that the presence of a remote employee does not entail the obligations of the employer to register for these purposes a separate structural unit.

Remote work standards provide opportunities for more flexible labor regulation. For example, they allow you to provide special conditions for termination of the employment contract.

Below, we describe the innovation of remote operation in more detail and briefly call close modes of work at home and watch work, as well as the ability to conclude civil law contracts instead of employment contracts.

Remote work

The President of the Russian Federation signed the Federal Law on Amendments to the Labor Code, introducing a new chapter on remote work. He entered into force on April 8, 2013.

Under distance work means the fulfillment of employment duties outside the location of the employer, his branch, representation or other places under the control of the employer.

A prerequisite for remote operation is the use of information and telecommunication networks, including the Internet, to perform work and interaction with the employer.

An important point of the new law is the provision that the presence of a remote employee does not entail the obligation of the employer to register for these purposes a separate structural unit. This conclusion can be made from the provision of legislation that a separate structural unit must be registered in the tax authorities, if the employer organizes stationary jobs in the geographic location distant from their own location (Article 81.1 and 11.2 of the Tax Code of the Russian Federation) at a time when Remote employee Stationary workplace is not organized. Regulation of remote workers has some features. In the interaction between the remote employee or the remote work candidate and the employer when exchanging electronic documents, reinforced qualified electronic signatures are used. However, this provision becomes mandatory only by agreement of the parties. If such an agreement was not achieved, the parties can use the paper form of documents (Article 312.1 of the Labor Code of the Russian Federation).

When concluding the contract, the condition for remote operation should be included in the employment contract with the employee. The contract may provide for an additional condition for the duties of the remote employee to use in the performance of their duties equipment, software and hardware, information protection and other means provided or recommended by the employer.

The employment contract must include the following conditions:

Procedures and conditions for the use of equipment, software and hardware, information protection tools and other funds provided or recommended by the employer;

Procedures and conditions for providing reporting on completed work;

Conditions for compensation for the use of equipment, software and technical means, means of protecting information and other means owned by the employee;

Rules for compensation of other costs that the employee carries in connection with the fulfillment of distance work.

The obligations of the employer to ensure the safe conditions and safety of remote workers are distributed in a limited amount. Unless otherwise provided by the workforce on remote operation, the working time and recreation time of the remote employee is established by him at its discretion.

The employment contract and the agreement on the change in the conditions of the employment contract can be concluded by exchanging electronic documents. In this case, as a place of conclusion of the employment contract for remote operation, agreements on the change in the conditions of the employment contract for remote operation, the location of the employer is indicated. Employer No later than three calendar days from the date of the conclusion of an employment contract is obliged to send a remote employee by mail by registered letter with the notification of a properly instance of this employment contract on paper. Sending documents imposed on the conclusion of an employment contract in accordance with Art. 65 TC RF is carried out by sending them to copies by electronic documents. However, at the request of the employer, the applicant is obliged to send him by mail by registered mail with the notice of notarized copies of the specified documents on paper.

Acquaintance of the employee with documents related to work, including with local regulatory acts and orders of the employer, provided for by the TC RF, can occur through the exchange of electronic documents. In addition, in cases where, in accordance with the Labor Code of the Russian Federation, an employee is entitled or obliged to contact the employer with a statement, to provide an employer explanation, or other information, a remote employee can do this in the form of an electronic document. By agreement of the parties, the information about the distance work in the labor book is not made, and the employment record of the person who first arranged to work is not issued.

The parties are also entitled to conclude an employment agreement on remote operation without using electronic documents in a traditional manner. In this case, the contract indicates the place of actual conclusion of the contract. The applicant presents the original documents subjected to the conclusion of the employment contract. In addition, in this case, the employer remains the responsibility for issuing a certificate of state retirement insurance of a remote employee who first arranged to work. The employee is also entitled to demand the proper work of the employment record.

Remote work in some cases requires proper registration of written documents that are sent by mail by registered letters with notice. Employer Even in the case of the conclusion of an employment contract by exchanging electronic documents, it is obliged to send a remote employee with a properly instance of this employment contract on paper. To provide compulsory insurance coverage on compulsory social insurance in case of temporary disability and due to maternity, the remote employee sends the originals of the necessary documents to the employer.

Upon termination of the employment contract, even if familiarization with the order on the dismissal is provided in the form of an electronic document, the employer on the day of termination of this employment contract is obliged to send a remote employee with a properly represented copy of the specified order on paper. In other cases, the use of paper carriers is not mandatory.

Parties may provide in the labor contract on distance work (as well as when working at home) special conditions for the termination of an employment contract, not limited to the relevant list of the Labor Code of the Russian Federation.

Spenting work other than the new provisions on the distance work of the Labor Code contains norms about the so-called "sander" (chapter 49 of the Labor Code of the Russian Federation). However, the conditions for its use are sufficiently limited and in reality cannot be applied in a situation where the employee is accepted for the remote work of the house or in another place remote from the office. The rules for homework, which still remain in force, regulate the situation in which the employee performs the responsibilities associated with the production of consumer and craft products from materials and using the tools of the employer or employee tools. Thus, these rules could not be applied to regulate the labor of various categories of workers.

Commandable work is regulated by the general rules; At the same time, some features take place. The ackle can attract members of his family to work, but no labor relations between them and the "employer" arises (Art. 310 of the Labor Code of the Russian Federation).

In the labor contract on the performance of work at home, the employer and the employee are coordinated which the parties provide equipment and materials necessary for work. If the ackle uses his own materials or equipment, the employer is obliged to pay compensation for their wear.

An employment contract must contain the procedure for calculating the oven for the work performed.

Upon learning, it is necessary to follow the safety and health safety regulations.

The norms of legislation on home-based work provide for the need to specifically establish in the contract basis of its termination (Article 312 of the Labor Code of the Russian Federation).

Work by the Watch method

The work of the Watch method is the form of an employment process, when employees are at a significant distance from the place of its permanent residence and due to geographic conditions there can be no daily return to the place of residence (chapter 47 of the TC RF). This form of labor is applied in cases where work is carried out in airless local areas with severe natural conditions. Watching should be returned home, at least once a month, and in exceptional cases - every three months (Art. 299 of the Labor Code of the Russian Federation).

With this form of labor, working hours, days, rest time, etc. Consides in a special order, which is called the sum of the summarized accounting of working time (Art. 300 of the Labor Code of the Russian Federation). When working, the waching method takes into account all the time spent at a remote workplace. In any case, the total duration of working time should not exceed the normal number of working hours.

Civilian labor regulation

An individual in Russia can provide services and carry out work as under an employment contract, in this case relations with the employer are governed by labor law standards and in a civil law agreement in accordance with civil law.

The concept of a civil contract is reduced to an agreement, in accordance with which the company uses the services of an individual without intent to conclude an employment contract with him. The main difference between the civil law contract from labor in that the employee is not entitled to use the guarantees provided for by the labor law (protection against one-sided refusal of the contract, the norms about working outside of working time, payment of hospital and holidays), and does not obey the rules of the internal labor schedule customer.

Civil law agreements are used in the case when a person is on time to work on a project or from time to time performs additional work, which is usually not performed by employees of the organization. One of the most typical cases is the conclusion of a civil contract with freelance translators.

When concluding a civil law agreement, the parties are guided by civil law standards that provide for equality of the parties and freedom of contract. Nevertheless, certain restrictions impose the imperative norms of Chapter 37 and 39 of the Civil Code of the Russian Federation. In particular, the parties are required to harmonize a specific subject of the contract, which should be written in detail in such a contract with its scope and quality. In addition, it is necessary to specify the date of work (for the compensation contract for the provision of services) and the start date and the end of the work (for the contract). The prerequisite is to define the price of the contract and the procedure for payment of remuneration.

In most cases, the main reason for the conclusion of a civil contract is the desire of the parties to avoid the action of labor law norms. However, if there were really labor relations between the parties, and the employee carries out work in accordance with the labor regulations and on the employer's territory, the employer is risk of retraining by the court of a civil contract in an employment contract in accordance with Art. 11 TK RF. Currently there has been a surround judicial practice on the application of this article. As a rule, in the presence of evidence, the existence of labor relations the court permits such cases in favor of the employee.

At retraining of relations, the courts take into account the set of criteria, among which the following can be distinguished:

1) systematic reservoir of civil law contracts or the extension of their validity period, for example, in the resolution of the FAS of the Moscow District of 28.08.2008 N Ka-A40 / 7019-08 in case No. A40-59304 / 07-90-332.

2) the subordination of the employee by the rules of the internal labor regulation, for example, in the decision of the FAS of the Moscow District dated 19.06.2009 N Ka-A40 / 5330-09 in case No. A40-66166 / 08-76-271 or the Resolution of the FAS of the Moscow District of November 13, 2008 N Ka-A40 / 10488-08 in case No. A40-59261 / 07-14-314.

3) Dates and frequency of remuneration payments, for example, in the resolution of the FAS of the Moscow District of 19.06.2009 N Ka-A40 / 5330-09 in case No. A40-66166 / 08-76-271.

4) Communication of payment under the contract with the volume and frequency of work performed, for example, in the resolution of the FAS of the Moscow District dated 19.06.2009 N Ka-A40 / 5330-09 in case No. A40-66166 / 08-76-271.

Thus, in despite the fact that civil law agreements are not the basis of the emergence of labor relations, they are in some cases able to regulate the performance of work by an individual, which acts as an equal and independent member of the contract.

Civil law agreements can be concluded, including with individual entrepreneurs. In the event that such an entrepreneur provides services in accordance with its type of activity, the risk of retraining the contract in labor significantly decreases.

The article will help to find out how to issue labor relations with a remote employee at remote work, whether the operation of the work and what is the procedure for dismissal.

Many citizens prefer to work at home, regardless of whether they have the opportunity to visit the workplace daily. Despite the fact that remote employees can perform the same work as workers in the organization, the conditions for their employment differ from the standard. How to issue labor relations with a remote employee, what insurance payments and what is the order of dismissal we will tell you in this article.

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general information

Distinguish the following ways of remote work:

Remote work.
Opess work.

On citizens working remotely, the general norms of labor legislation are applied. (Part 3 of the Labor Code of the Russian Federation).

Features of labor relations with remote employees are governed by the following regulatory acts:

Labor Code of the Russian Federation, namely.
Law No. 63-FZ dated 04/06/2011, which reflects information regarding the procedure for obtaining electronic digital signatures and exchange of electronic documents between the employer and employees.

Remote workers should be included in the staff of the organization.

Controlled by the employer.
An employee is there or must arrive there on need.

Until the conclusion of the employment contract, the employer is obliged to familiarize the employee with various local acts:

Rules of labor regulations.
Regulations on the bonuses.
Collective contract, etc.

You can implement this procedure by electronic exchange between the employer and the employee who is remotely running. Documents must be mandatory to be signed by an electronic signature.

This rule is confirmed by the following regulatory documents:

Labor Code of the Russian Federation, Ch.5 Art.312.1, Ch.5 Article 312.2.
Law No. 63-FZ dated 04/06/2011, Article 6.

Labor relations between these persons are issued according to the general rules under Article 68 of the Labor Code of the Russian Federation.

The design process includes the following items:

Registration of an employment contract.
Publishing an order for employment.
Personal Card.
Making a record in the employment record.

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Mode of Labor and Recreation Remote Employee

If possible, the operation mode The remote worker sets independently. When it takes to work at a certain time, this rule is enshrined in the employment contract or an additional agreement.

An example of writing: "The employee's mode is set from 10.00 to 19.00. Lunch break - from 14.00 to 15.00 "

The procedure for the provision of annual and other holidays is enshrined in the employment contract and is made according to the general rules.

An example of recording: "The employee is provided with an annual paid leave with a duration of 28 calendar days according to vacation schedule."

The remote employee works when he wants, so he has no weekend

Remote worker worked on the day off. How to pay, if the employment contract provides for the establishment of the working time and rest time at the discretion of the employee?

Labor legislation does not provide for a special procedure for providing remote workers to rest days for work on weekends. Since the labor contract is not determined by the work and recreation mode of such an employee (the employee at its discretion determines the mode of operation and recreation), it is impossible to consider his work on a certain day.

Ride a remote employee to the office by order of the employer is a business trip

By order of the employer, the remote employee comes to the office to fulfill its employment duties. According to Sprildre Specialists (Letter from 24.01.20 No. PG / 37458-6-1), such a trip should be considered as a business trip. And this means that the employer is obliged to pay for travel expenses.

Document exchange in electronic form

An employee working remotely can access the employer via email. For example, if he needs to convey any information or write a statement. Appeals are certified by an electronic signature.

To exchange documents in electronic form, both parties should have an enhanced qualified electronic signature decorated in a specialized certificate center.

If the remote employee needed copies of some working documents and it did not indicate in the application that they can be transmitted in electronic format, the employer must send them by mail by registered letter with the notice. Copies should be sent to the employee within 3 business days from the date of receipt of the request (Part 8 of Article 312.1 of the Labor Code of the Russian Federation).

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Insurance payments

The remote employee has the right to receive insurance payments (, maternity, etc.) according to general reasons.

To obtain these payments should be sent to the employer by registered mail the original documents corresponding to the case (disability, certificates).

These rules are defined in parts 6, 7, 8 Art.312.1 of the Labor Code of Russia.

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Occupational Safety and Health

Direct duties of the employer for the protection and provision of non-hazardous labor criteria for remote employees:

Perform the prescriptions of the State Inspectorate of Labor.
Pay contributions to the insurance of remote workers from occupational diseases and accidents.
Investigate accidents that have happened to the employee.
Investigate professional diseases of the employee.
Acquaint workers with labor protection requirements when working with equipment.

The employer does not have an obligation to ensure distance employees, learning to safely fulfill work, unless otherwise specified in the labor contract.

For remote remote workers, do not conduct a special assessment of working conditions

According to paragraph 3 of Article 3 "Special assessment of working conditions" Special assessment of working conditions is not held with respect to the working conditions of homeworkers, remote workers and workers who have entered into labor relations with employers - individuals who are not individual entrepreneurs. In this regard, with regard to working conditions odomnomnikov and remote workers - Special assessment of working conditions not held.

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Dismissal of a remote employee

If the employee working remotely was drawn up, then it should be sent to the address of a citizen on the day of dismissal. Before sending, it is necessary to obtain the consent of the employee to transfer documents in this way.

According to Article 84.1 and Part 6 of Article 312.1 of the Labor Code of the Russian Federation, if the citizen is present on the day of dismissal in the organization, the workbook is issued personally.

to the menu how to find a job in a crisis
There is an overview of the resources where vacancies and work in Moscow can be found in the crisis.

Remote employees, working remotely, today is not uncommon. Now it is not always necessary to be in the office in order to fulfill your labor duties. Going towards progress, the legislators have made changes to the Labor Code of the Russian Federation concerning distance workers (freelancers).

The article below will understand what the features of relationships with remote employees exist, how to make an employment contract with them, a sample agreement with a remote employee can be downloaded in this article below.

Who benefits remote operation?

Remote work is a dream of any employee, because you can at home, in a comfortable setting to carry out work responsibilities and to receive payment for them. No need to get up in the morning early, in any weather go, stand in traffic jams, spend your time.

Is it convenient to the employer?

Of course, the employer also benefits to have a remote employee. This significantly reduces staff costs, on the organization of the workplace, the purchase of equipment and furniture for him.

Features Remote work are that the worker and employer can be in different locations, cities and even countries. You can choose a really competent specialist.

However, it brings with me a more responsible employer's approach to finding suitable personnel. Not everyone can provide the necessary efficiency in the home environment.

Federal Law of April 05, 2013 No. 60-FZ introduced in the Labor Code of the Russian Federation Additional chapter 49.1, which regulates the labor of distance workers.

This chapter enshrines such a concept as "remote work" and "remote worker".

Remote operation is the fulfillment of labor duties outside the location of the employer.

The remote worker independently provides itself with a workplace, and the connection with the employer supports with the help of the phone, the Internet, mail.

Employment contract with remote employee

Chapter 49.1 of the Labor Code makes it possible to conclude an employment contract with the remote employee in electronic form.

The text of the employment contract should include the nature of the distance work, that is, it should be indicated that the employee must fulfill its labor duties outside the employer.

According to Article.57, the address of the workplace must be specified, it can be a home address or any other place where the remote employee plans to fulfill its labor duties.

The duration of the working week for remote worker is the same as for the usual, that is, a 40-hour working week in the standard case. All deviations from the standard work week must be fixed in the contract.

What other information should be included in the employment contract:

Features of labor regulations;
Providing resources for work. There are several options: an employee provides himself with everything, the employer provides an employee its resources, the employer pays the employee to the resources (payment for the purchase of a computer, rental office, payment of cellular communication, Internet, reimbursement of fuel depreciation, car depreciation, computer, and other used for execution labor duties of technology);
Features of filing reports on the work done by the employer (through the phone, Skype, email, in what form, with which periodicity).

If you need to translate working employees to remote work, you can do this through the design of an additional agreement to an existing labor contract, which shall state changes in the nature of labor and the day from which these changes come into force.

If a remote employee needs to be sent to another locality to perform the task associated with the activities of the organization (into the service business trip), the employer draws up the same documents as in relation to the direction on a business trip of ordinary workers. Read a business trip.

All travel expenses remote employees are taken into account in the standard way.

- Article 312.1 of the Labor Code

The Labor Code has the term "remote work". This is common work on the employment contract, only without binding to the office of the employer.

Imagine that there are two accountants. Maria works in the company "Zyablik", goes to the office. She is an office employee. And Elena - she does all the same, only from home. She is a remote employee.

There are no restrictions in the Labor Code, which employees can be taken to remote work, and what no. Therefore, if conditions allow you to take anyone: accountant, lawyer, marketer, sales manager.

Working conditions - as for office staff

Under the Labor Code, remote employees work as "full-time employees on general reasons." In practice, this means that the employer:

gives a vacation;
pays sick leave;
pays for processing or work on holidays;
pays daily and compensate for the expenses on a business trip;
investigates accidents that have occurred during the working day. Suppose the employee fell in the office and broke his leg. The employer is obliged to find out the cause of the fall and, if the employer is to blame, compensate for the damage. The same with a remote employee. The accountant works out of the house and fell during the preparation of the report - the employer finds out what happened;
it gives equipment and programs to work or compensate if the employee has all its own. Here you need a computer, telephone, licensed photoshop. If an employee has his own, the employer pays compensation.

The general rule is: the employer does for the remote employee all the same as for the office. If someone thought to save this, it would not work.

Without workbook, but with an electronic signature

The rules for designing a distance employee almost do not differ from office design. The list of documents is the same:

personal documents of the employee. This is a passport, insurance certificate and educational documents, if necessary;
documents on working conditions. Usually among them, job descriptions, instructions for labor protection, position on personal data and commercial secrets;
labor contract;
the order of acceptance to work.

There are two differences compared to office employees. The first is the workbook. By the Labor Code, the employer is not obliged to fill it out for a remote employee, only if he himself ask. Request is a statement of an employee with his signature.

Another difference in the design of documents - not necessarily to meet to sign documents. There are two ways for this. The first is through Russian or courier post. The employer sends two copies of the employment contract and work conditions, the employee signs and sends one copy back. So he shows that he saw everything and agrees with everything.

Another way to take on remote work is to remotely sign documents. But here, as always, catching. There are companies that believe that remotely is when an employee receives an employment contract by e-mail, prints, signs, scans and sends a scan by mail. For remote operation, this is not the case.

How to get an electronic signature

To take a remote employee, he and the employer must sign an employment contract, and an employee - to show that I have seen documents on working conditions. For example, job description and a commercial mystery provision. To do this, you will need an electronic signature of the employee.

Electronic signature, or EP - replacing handwritten signature for electronic documents. She confirms that it was Maria Mashkina who signed the contract, and not someone else. Obtaining an electronic signature may take a week and three thousand rubles.

There is no instructions in the Labor Code who pays for the receipt of the signature and is generally engaged in this. Usually it makes the employer for an employee: he hires ten employees, pays ten signs. At the same time, it is impossible to make an employee to make a signature at its own expense.

If an employee signed email. The signature, the paper version of the contract is still needed. In this case, the employer sends the contract by registered mail. On sending - three calendar days from the date of signing.

My advice is to sign an agreement at a meeting or through an electronic signature. By law without signed documents, an employee is not entitled to work, and time goes on. There is also a risk that an employee will forget to send an instance of documents, the employer will forget about it, and the company will remain without documents.

Remote work format

In the employment contract, the employer and employee agree on everything: how many employee works, as it receives tasks and reports what equipment will use.

The employment contract for the remote employee is not much different from the usual one. I will tell about the features. The first thing to be in the contract is a work format. It seems obvious, but I have seen employment contracts, where there was no word "remote", although we are talking about remote work. This phrase is suitable:

The worker performs the work remotely. Date of commencement of distance work - November 21, 2018.

If there is no work format in the contract, the Labor Inspectorate may have questions why the employee in another city or works out of the house.

Place of work or a place of conclusion of the contract

According to the Labor Code, the place of work is a mandatory condition of the contract. You can write the home address of the employee or any other where it happens.

The amount of vacation days and a salary surcharge depends on the work region. Place of work for remote employees is the location, so the Ministry of Finance speaks in his letter and the Labor Code.

Accountant Maria works from the house, a house in Yakutsk. Her vacation is 52 days:

28 days - mandatory vacation,

24 days - extra for work in the extreme north.

If the employee changes the city, for example, it lives in Moscow, then in Yakutsk, it is not clear how to count the vacation and extra charge. To avoid disputes with an employee, I propose to write not "place of work", but "the place of conclusion of the contract". In such a place there may be a city where the employer sits.

Rates for dismissal

The remote employee can be fired just like an office, if it violates the working conditions.

Is it possible to dismiss the employee for the walk?

Secretary Elena was supposed to work for five days, but three of them walked. The Labor Code calls it "non-performance of labor duties." For violation, the company has the right to dismiss under the article, this is the 81st article, the sixth paragraph, subparagraph "A".

In practice, it will not dismiss one run, but for a few pastes - yes.

So that there are evidence of the violation of the conditions, I advise the main conditions to register in the contract. For a remote employee, this is:

schedule and duration of work. I recommend setting the total duration of working time - 40 hours a week;
which hours an employee is in touch and as it shows that he is in touch. In the contract we write that the employee responds in a telegraph at least once per hour, except for lunch. On Mondays - Planer. If the employee did not disagree without warning, it may be regarded as a walk.
as an employee receives tasks. For example, "Employee Manager Send Services and the necessary information for their email [Email Protected]»;
as reported. "The employee sends the results of the employer's email. [Email Protected] . Term - in the service task ";
additional reasons for dismissal. For example, "if an employee does not fulfill the tasks on time and it does not have a good reason, the employer has the right to declare a reprimand with the subsequent termination of the contract. A list of valid reasons - in Appendix No. 1. "
equipment and compensation. In the contract you write that you need an employee for work, it buys the necessary things himself or at the expense of the employer. An example of wording: "The worker uses his own office equipment for work. The employer pays the employee compensation for the use of office equipment in the amount of 1000 rubles per month. Term - until the 10th day of each month. "

Details of the tasks that someone submits and in which format is reported, can be painted in the official instruction or in the employment contract. My advice is to describe all this, as you can more. Otherwise, there is a risk that the employee does not work out, even if it does not actually work.

The consent of the employee

The employer has the right to translate an employee to remote work. This can be done on the initiative of the company or employee.

Offer an employer. If the translation is an employer initiative, he reports this in two months. To do this, there is a notification: from this number we suggest moving to the remote. The notification must be transferred to personally and ask the employee to sign that he saw the proposal and agree with everything.

The work claimed to offer the employer - 74th article of the Labor Code

The employee has the right to refuse the remote work format. Suppose we are talking about the accountant of Mary. If the employer wants an accountant to work remotely, and Maria against, he has two options:

agree with Maria and allow it to work in the office;
refuse and dismiss Mary.

It's easy to fire it is easy. First, the employer offers free vacancies. There are a lot of rules, but the main thing is: we must offer literally all the vacancies. For example, a doctor, financial director and cleaners. That's right all.

You can dismiss if the employee refuses to new work - Labor Code

If an employee refuses proposals, the employer has the right to dismiss him, the right gives the seventh paragraph 77th of the Labor Code. He suggests that the company has changed the working conditions, offered other vacancies, but the employee refused.

Proposal employee. An employee can ask him to translate him to remote work. For this, he writes a statement and talks about the reason.

Usually, the request of the employee is associated with the fact that it is difficult to get to work or you want to go to another city, a child has appeared or you need to take care of the elderly relatives. The employer has no obligation to agree to the request of the employee. Therefore, even if the employee really wants, and the employer against, the employee will have to go to the office or dismiss.

Remote employees tend to carry certain expenses related to the execution of labor duties. Including - and in connection with the use of personal property for these purposes. Can an employer compensate for his employee such expenses? What problems occur? If you contact us of 188 and 310 of the Labor Code of the Russian Federation, we can conclude that the parties to the employment contract have full right to independently determine the procedure for compensation for such expenses of the employee. Moreover, the amount of compensation must correspond to the degree of wear of the property owned by the employee. The Government of the Russian Federation in his own makes one exceptions to this rule: this is the depreciation of the worker's car. If the parties of the employment contract decide to consolidate other remedies in this document to reimburse the employee's expenditures, then in accordance with the letters and the Ministry of Finance of Russia dated 11.04.13 No. 03-04-06 / 11996 will require the presence of relevant documents that will confirm the availability of property deposits, but ( Attention!) With the differentiation of the degree of wear for the use of property in labor and personal purposes. Thus, the tax authorities receive certain opportunities in order to challenge such compensation. The expenses of the employee who are difficult to differentiate their goals can be controversial: separating the wear as a result of the use of property for personal needs from wear in its host of their professional duties. For example, any employee can use Internet access both for personal purposes and for professional activities. And the proportion of its use for certain needs to be established is not easy and, accordingly, questions arise on the payment of such expenses.

"Remoteness" and "isolation" - is this one and the same?

For the purposes of taxation, it may be important where the employee works, is it possible to consider the place of their employment duties with a separate division of the enterprise? As a general rule, a remote workplace by the structural division cannot be considered. Enlightens the requirements that are presented to the stationary workplace. In case of remote operation, the stationary place is absent. And if there is no workplace - therefore, there was no separate place of work. About the same, but in other words it is said in paragraph 2 of Article 11 of the Tax Code of the Russian Federation. It says that an organization should be carried out in a separate division. The work of a single obscure acknowledgment does not match this definition. But there is one exception that follows from the letters of the Ministry of Finance of Russia (from 05/23/13 No. 03-02-07 / 1/18299 and from 18.03.13 No. 03-02-07 / 1/8192), and confirmed by judicial practice: the location of implementation Labor activities on remote access (labor of the lump) may in some cases be recognized as a separate division of the organization if the employer creates stationary jobs for such employees for a period of at least a month.

Acknowledgment in the office is a business trip?

An employee who performs his duties is remotely visited in connection with the execution of the work function of the office of his employer. Is it possible to say that he is on a business trip and, accordingly, pay advantage of travel expenses? The Ministry of Finance of Russia is repeatedly (see the letters from 08/01/13 No. 03-03-06 / 1/30978, from 08.08.13 No. 03-03-06 / 1/31945, from 14.04.14 No. 03-03-06 / 1 / 16788) gave legal interpretation of the Chattea, and 312.1 of the Labor Code of the Russian Federation. These documents refer to the fact that all guarantees of labor legislation, including those associated with the stay of the employee on a business trip, including compensation for him due to expenses, such as travel and accommodation, as well as daily, apply to those Who performs its work function remotely, at the remote, with a thumbname of the duties enshrined in the employment contract. At the same time, there is a collision of labor legislation, which arises with the interpretation of the provisions of Art. 209 Labor Code of the Russian Federation. Tax authorities sometimes believe that since the workplace of the obscure can be considered a place of residence (and for those who work remotely, the place of work may not appear in the employment contract), then the cost of expenses in connection with the trip to the head office and accommodation in A foreign area can be made in accordance with the provisions of Article 188 of the Labor Code, but not as the payment of the expenses of the Commanded Employee. In cases where the place of distance work and the location of the head office coincide within one settlement - such a point of view is likely to be supported in the controversial case.

How to take into account the results of remote work as expenses in the form of salary

There are two polar points of view on this subject, since there is a certain competition of labor and tax legislation. Denote both positions that may be the basis for resolving disputes in court. One of the key principles of labor legislation is to prohibit the discrimination of individual categories of workers. That is, from remote employees of the organization, it is impossible to be required to be prohibited regarding office workers. And the features of the working conditions of workers "on the remote" are fixed by the Labor Code of the Russian Federation. Exit for these frames and will mean discrimination.

Article 312 of the Labor Code of the Russian Federation. General provisions (extraction) Remote operation is the fulfillment of a certain employment contract outside the location of the employer, its branch, representation, other separate structural unit (including located in another area), outside the stationary workplace, territory or object, directly or indirectly under the control of the employer, provided use to perform this labor function and to implement interaction between the employer and an employee on issues related to its implementation, information and telecommunication networks of common use, including the Internet "Internet". Remote employees are considered to be the persons who have entered into a labor agreement on remote work. The remote workers are subject to work legislation and other acts containing the norms of labor law, taking into account the characteristics established by this chapter. In the event that this chapter provides for the interaction of a remote employee or a person coming to remote work, and the employer by exchanging electronic documents, reinforced qualified electronic signatures of a remote employee or a person entering the remote work and an employer in the manner prescribed by federal laws and otherwise regulatory legal acts of the Russian Federation. Each of the parties to the specified exchange is obliged to direct in the form of an electronic document confirmation of obtaining an electronic document on the other side within a period defined by the employment contract on distance work.

The general rule states that the confirmation of the costs incurred by the employer to pay for the work of employees are the relevant provisions of employment contracts and job descriptions. Therefore, no additional reports, other evidence by the employee of their employment duties. On this occasion, judicial practice is also available (see, for example, the resolution of the Federal Arbitration Court of the North-Western District dated 17.04.13 No. A13-6626 / 2012). At the same time, paragraph 1 of Article 252 of the Tax Code of the Russian Federation states that expenses (including salary payments) need documentary confirmation. With regard to office workers, such confirmation is the data of personnel accounting, including what time is actually worked out by a person. And installed in Art. 312.4 Labor Code of the Russian Federation The right to independently determine the working time regime for those who work remotely does not cancel the duties of the employer on accounting in actually spent time. Once for "deleteners" no appropriate data - be kind, submit other evidence. No discrimination, but only forced reflection of the specifics of such a variety of labor relations. One way to solve this problem is to consolidate directly in the labor contract of methods of accounting for spent time. You can use printing telephone negotiations as such methods. The point is not troublesome, but will help in the future to save the employer from unnecessary disputes with tax authorities.

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