What the law says
Chapter 49.1 of the Labor Code of the Russian Federation is devoted to the work of remote workers. Remote work is work that is performed under an employment contract and outside the employer’s location (Article 312.1 of the Labor Code of the Russian Federation).
Most often, this form of work is preferred by workers in the intellectual and creative sphere (including people with disabilities); communications with the employer and transfer of documentation are carried out via the Internet.
An employee working in an office may, for some reason, ask the employer to transfer to remote work. It is necessary to conclude an additional agreement with the employee to the employment contract on changing working conditions (Article 72 of the Labor Code of the Russian Federation). The document prescribes the new nature of work, working hours, time to contact the employer and other nuances.
You can also renew the employment contract by drawing up a new one and making all changes to it.
Attention! An offer to transfer to remote work may also come from the employer; in this case, the employee must also write an application.
Why is an application necessary?
A transfer in accordance with the norms of Chapter 12 of the Labor Code of the Russian Federation is a change in working conditions. Based on Art. 72 of the Labor Code of the Russian Federation, it is allowed only with mutual consent of the parties. Remote activities are regulated by Chapter 49.1 of the Labor Code of the Russian Federation, and it involves the interaction of parties to labor relations without personal contact, through digital technologies. Since the transition to a remote work mode is most often associated with a change in conditions, no matter what circumstances it is caused by, it is necessary to obtain evidence of the employee’s consent as the second party to the changes in conditions or to comply with the condition regarding the period of warning to employees about changes in the working conditions. Failure to comply with the conditions for a two-month warning period for employees will result in the imposition of a fine under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
Labor legislation does not prohibit an employee from contacting the employer with a request to change the work schedule, and the parties have the right to reach an agreement on remote work. Even a temporary transfer to remote work should be completed correctly: obtain an application from the employee, issue an order, and enter into an additional agreement.
Briefly about the procedure for transferring to remote work
The algorithm for transferring to remote work is as follows:
- the employee writes an application requesting a transfer to remote work;
- the employer endorses the application and enters into an additional agreement with the employee to the employment contract;
- the employer issues an order to transfer the employee, who must familiarize himself with it against signature;
- the personnel employee enters new information into the employee’s personal card;
- All necessary notes are made on the working time sheet.
It is not necessary to make an entry in the work book.
How to issue an order for transfer to remote work
Transfer to remote work can occur in two ways:
- When only the nature of the connection to the location of the employer changes, and all other parameters of the job (position, qualification indicators, level of remuneration, connection to the structural unit) remain the same as before the transfer.
- When a change in the nature of the connection to the location of the employer coincides with a transfer:
- to another structural unit;
- to another position or to another qualification category;
- to a different salary or tariff rate.
For option 1, it will be sufficient to create a single free-form order containing:
- an indication of the essence of the change being made;
- the effective date of this change;
- a list of documents that served as the basis for issuing the order.
A sample of such an order can be seen on our website and downloaded from the link below:
ConsultantPlus experts have prepared an alternative version of the order for transfer to remote work. If you don't have access to K+, you can get it for free on a trial basis.
With option 2, you can go in two ways:
- Two orders with the same date:
- on the transfer of an employee to another job using the unified form T-5;
- on transfer to remote work in any form;
- One order on a form based on the unified T-5 form, but modified by adding a field reserved for indicating the nature of the connection to the location of the employer.
Read more about the T-5 form in the material.
You can learn about the nuances of taxation of payments to remote workers from the Ready-made solution from ConsultantPlus, having received free trial access to the system right now.
We are writing a statement
The application is written in any form. You can write by hand or type on a computer; it is important that the signature on it is “live.”
What you need to indicate:
- position and full name of the employer;
- position and full name of the employee;
- grounds for transfer to distance learning;
- request for transfer;
- the date from which the transition is planned;
- nature of the transfer: temporary or permanent;
- date and signature.
Once the application is ready, it is submitted to the employer, who, in turn, issues a visa on it. Next, the application must be registered in the application log.
How to compose correctly
The employee draws up the application independently, but the employer can provide the form. The unified form has not been approved; the employee’s appeal is written in a free, arbitrary form. But there must be details that allow you to determine the addressee, applicant and the request for transfer to remote mode.
Therefore, the form should indicate:
- name of the organization, details of the boss, manager, including the title of the position;
- information about the employee who applied, indicating the position;
- Title of the document;
- a request to use remote mode, justifying it with specific circumstances;
- nature of the transfer: temporary or permanent;
- period of application of the labor activity regime;
- date and signature.
How to apply for remote work
Remote work is completed by:
— an employment contract — when a new employee is hired and a remote format is immediately agreed upon;
- an additional agreement to the employment contract - when remote work was agreed upon already in the process of work;
- by order of transfer - in case of dissolution to go home in a dangerous situation such as coronavirus.
How to register a new employee
When hiring a remote worker, an employment contract is concluded with the employee and it stipulates:
— Place of work - name of organization and city. There is no need to write the employee’s home address as the place where work is performed - Letter from the Moscow City Inspectorate;
— Working hours —what schedule the employee is at work and in touch. For example, from Monday to Friday from 9:00 to 18:00. If the regime is not prescribed, then the employee works whenever he wants. And all he has to do is work out the required hours and fulfill his duties. Calls with the employer are always included during working hours;
— The method of interaction with the employee - how you will communicate. For example, by email. Plus deadlines: for example, that parties are required to respond to emails within two business days of receipt. And the employee is required to check email at least twice a day;
- The procedure for calling to the office - for example, that the employer is obliged to report a meeting in the office no later than two days before the meeting:
- The procedure for submitting work reports - write down how and within what time frame the employee should do this.
— The amount and procedure for paying compensation for the use of your equipment. The employer is obliged to provide the employee with everything necessary: a computer, printer, paper, programs and antivirus. But an employee can work at his own level - then he is entitled to compensation. For example, for using a laptop, the employer transfers 2,000 rubles to the employee along with the salary once a month - Art. 312.6 Labor Code of the Russian Federation.
Template of an employment contract with a remote employee
If an employee has a paper work record book, he can send it by registered mail with notification or bring it in person if he lives nearby. Then the employer makes a record of the work. If an employee does not have a book or does not need a record, information about his work activity is kept electronically. It is impossible not to make an entry into the labor record at all.
Article: how to keep an electronic work book
Article: how to keep a paper work book
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.
Employee application for remote work: how to draw up
Working remotely is usually preferred by workers in creative professions and intellectual work, for whom it is easy to organize a workplace at home. This allows you not to waste time on the road, devoting it to home or personal matters. It often happens that employers initiate the transition of some or all of their employees to remote work in order to optimize the cost of renting premises. This labor regime has become especially relevant during the coronavirus pandemic.
There is no special application form for transfer to remote work. But there are generally accepted rules for drawing up such documents. From its contents it should be clear who is asking, what is asking for, and who has the authority to satisfy the applicant’s request.
The document is structured as follows:
- in the upper right corner a “header” is written - full name and position of the employer, full name and position of the employee (to whom, from whom);
- Below, in the center of the line, the name of the document (“Application”) is indicated;
- the “body” of the application sets out its essence: the employee’s request to be transferred to remote work;
- reasons for changes in working conditions (in connection with which such a need arose);
- the date from which the employee would like to start working remotely (if he wishes to switch to remote work temporarily, the start and end dates are indicated);
After submitting an application to the employer, he endorses it, expressing his consent or disagreement to transfer the employee to remote work. The document is registered (in the application registration journal).
Application for remote work - sample
An example text of the document is given below:
Application for transition to remote work: employer actions
If the employer does not object to the subordinate’s transition to remote work, he endorses the application with the word “Agree.” Then an additional agreement on changing working conditions (for a certain period or without specifying a validity period) is added to the current employment contract; the document is signed by the employee and the employer.
Based on the received application, the head of the company issues an internal order (for example, “on the transfer of accountant A.N. Pavlova to remote work”). The document indicates the start date of remote work. If it is temporary, either the start and end dates of remote work are specified, or its duration is associated with a specific event. For example, if an employee wishes to work remotely due to the coronavirus pandemic, the order can indicate that the employee “switches to remote work from “_”__ 2022 until restrictive measures related to the threat of the spread of coronavirus are completely lifted.”
If a new employee is initially assigned to work remotely outside the office, an application for employment is not required to be written remotely.
Special working conditions must immediately be reflected in his employment contract (Article of the Labor Code of the Russian Federation). By signing it, the new employee agrees to work remotely. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
