Remote employee: how to draw up an employment contract for remote or home work. Dismissal of a remote employee. Remote work kills company culture

If an employee is hired by an organization who will work remotely, that is, work outside the company's office, then there are two ways to formalize an employment relationship with him. This may be the conclusion of an employment contract for remote or home work. We will consider in more detail the differences between these two types of employment for remote employees in our article.

Remote and home work: differences, similarities, legal requirements

Today, more and more workers "go online" and start working remotely via the Internet. Web-designers, copywriters, managers, programmers, consultants and representatives of many other professions now have the opportunity to work from home and from anywhere in the world. For employers, the registration of such employees “on a distance” has a number of significant advantages. For example, there is no need to rent an office in order to keep the staff, buy office furniture, office equipment, pay utility bills and pay tax contributions. Today, representatives of many professions can simply work remotely, but at the same time officially be on the staff of the company.

The concept of "home work" existed in the Labor Code of the country for a long time, but in the spring of 2013 Federal Law No. 60-FZ came into force, which amended certain legislative acts of the Russian Federation. In particular, the Labor Code of the Russian Federation was supplemented with Chapter 49.1 entitled “Peculiarities of regulating the work of remote workers”. Thus, a new concept of “remote work” was introduced. Remote work has a number of legal features and important differences from home work. Let's look at them in a table.

In general, experts note that the employer has the right to independently choose the option of formalizing labor relations with his remote worker, depending on the specifics of his work in each case. Both options have their pros and cons for the employer. But there are some points that employers should pay attention to when formalizing an employment relationship with remote employees.

Note
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Important to remember!

Many employers ask themselves the question: is the place where a remote worker works, a separate structural unit of the organization? This issue is important primarily because in connection with the emergence of a separate structural unit, the employer has a new obligation to pay taxes and register such a unit with the tax authorities. In accordance with the Tax Code of the country, stationary jobs must be created at the location of a separate structural unit. The workplace is stationary if it is created for a period of more than one month. But is the remote worker's workplace a stationary one?

Based on the definition given in Article 312.1 of the Labor Code of the country, remote work does not have signs of the work of a separate division of the organization, which means that the conclusion of an agreement on remote work with an employee does not lead to the emergence of a separate division. Therefore, it is not necessary to register a remote worker as a separate structural unit of the company with the tax authorities.

"Payment: accounting and taxation", 2012, N 7

How often lately we hear about remote work, freelancers, remote work and other things related to work outside the office. Of course, now it is difficult enough to imagine a virtual office, online meetings and much more that relates to remote work. However, as you know, everything is developing, and, perhaps, in the near future, many employers will be able to abandon offices and organize their business directly on the network. What is meant by remote work? Representatives of what professions or specialties can be involved in such work? How to formalize labor relations with employees working outside the office? In the article you will find answers to these and some other questions.

The concept of remote work

With the development of information technology, sometimes it is not necessary to be present at the workplace to perform any work. Already, on-line work is gaining ground, when employers and employees, using special technical means, maintain working contacts while being in different places.

First, let's figure out what kind of work is remote. First of all, this is work outside the office. The integral attributes of remote work are modern types of telecommunications (e-mail, web interfaces, software products for on-line interaction). The performers in this case are at a distance from the place where the results of their labor activity are in demand.

Such work can exist in various forms. For example, home work is carried out at the place of residence of the employee, while work can be performed both from materials and using tools and mechanisms allocated by the employer, and purchased by the homeworker at his own expense (Article 310 of the Labor Code of the Russian Federation).

The so-called freelancing is also a kind of remote work. In this case, individuals who are not associated with labor relations with any employers provide various services to both enterprises and organizations, and individuals. Freelancers usually formalize their employment relationship with a civil law contract.

The next type of remote work is remote work: the employer's office is not located in the region or city where the employee works.

Note that remote work can be carried out:

• at home (the workplace is equipped at home, the employee does not need to be present at the office);
• on business trips or at customer sites (for example, in construction companies, when it is necessary to control the activities of construction teams, e-mail, ICQ, mobile communications are used);
• with the condition of obligatory appearance in the office with a certain frequency, for example, once every two weeks (this mode of remote work is suitable for managers of Internet projects: they only need a computer with Internet access and mobile communications to perform their duties, but sometimes they need to be present at planning meetings with management companies, attend seminars, conferences, trainings);
• in the territory of the employer, which is far from the place where the employer is based (for example, the employer is located in one city, and the employee performs work in another city).

As you can see, certain work can be performed within the framework of both civil law and labor relations. At first glance, civil law relations are more acceptable for remote work. However, at the same time, the employee has some additional responsibilities: he must independently take care of finding customers, studying the market, providing himself with resources and raising the professional level. Moreover, in accordance with the current legislation, he will have to register as an individual entrepreneur. Not all employees want this, and therefore most of them still prefer labor relations.

Who can work remotely?

So, we have defined what counts as remote work. Now let's figure out what kind of specialists can be involved in work outside the office?

Remote work is most common among representatives of creative professions, such as designers, artists, writers, translators, programmers. In addition, the activities of media market specialists do not require a permanent workplace, for example, in the field of advertising, activities in the field of information technology, consulting, etc.

To work at home, typists, dispatchers on the phone, assemblers of various products or parts can be accepted. Their activities do not have to be controlled: you just need to check the results of their work.

Today, remote work is performed mainly by:

• designers (from landscape to web design);
• employees who maintain the website in working condition (internet marketers, site administrators, moderators, etc.);
• editors;
• journalists;
• IT-specialists (writing programs, testing software products).

Regulatory regulation

The current labor and civil legislation does not regulate the entire range of types of remote work. The only type that is more or less regulated is home work (Chapter 49 of the Labor Code of the Russian Federation and the Regulations on the working conditions of homeworkers<1>). But even in relation to him, there are many questions and ambiguous interpretations of the norms of the Labor Code.

<1>Approved by the Decree of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions of September 29, 1981 N 275 / 17-99.

For example, it is not clear how to keep a time sheet of a homeworker, whether it is possible to fire him for absenteeism or appearing in a state of alcoholic or other toxic intoxication. In addition, the procedure for assessing the conditions for performing work at home for compliance with labor protection requirements by the employer raises questions.

In 2011, the Russian Union of Industrialists and Entrepreneurs put forward the idea to separately prescribe in the Labor Code the provisions on the labor of workers outside the employer's territory. However, this idea was not developed, as the public's attention was riveted to more scandalous norms, such as an increase in the length of the working week and others, but in vain. For example, currently a Moscow company, in order to remotely use the services of an employee in Nizhny Novgorod, who, say, represents an online store, must register a separate structural unit there - a branch or representative office. However, this is not always advisable, especially if this employee works at home via the Internet and the organization does not have other employees in Nizhny Novgorod. As a result of this, organizations often evade registration, and, accordingly, there are risks of being held liable by the state labor inspectorate or the tax service.

Advantages and disadvantages of remote work

Like any other work schedule or method of organizing work, remote work has its pros and cons. For clarity, we present them in the table.

For workers, remote work also has both positive and negative sides. For example, they like the lack of control from the authorities, the dress code. For some workers, remote work is an opportunity to cut off contact with people they don't like. In addition, people who work outside the office like that they independently organize the work process and can do household chores in parallel.

At the same time, workers may not be satisfied with the lack of society, a stable workload and constant earnings. If the relationship is formalized by a civil law contract, then employees are not provided with vacations and other guarantees and compensations provided for by labor legislation.

As you can see, there are advantages and disadvantages for both the employee and the employer. In any case, the issue of using remote work in the company is decided by the employer.

Features of registration of labor relations

When using remote work, the employer may have some difficulties with determining the workplace, accounting for working hours, and the possibility of bringing to disciplinary responsibility.

Let's start with the employment contract. Article 57 of the Labor Code of the Russian Federation contains a list of information and conditions to be included in an employment contract. So, one of the required job condition. Moreover, if an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, it is necessary to indicate the place of work, the separate structural unit and its location.

Usually, the place of work is determined by the location of the employer - an organization or an individual entrepreneur, and in order to fulfill the above requirement of the Labor Code, it is enough to indicate in the employment contract that the place of work is a specific organization, for example Vasilek LLC. Note: although the labor legislation does not contain a requirement to indicate the address of the place of work, we recommend that you nevertheless indicate the address of the employer in the employment contract.

If an employee is accepted for remote work in a separate structural unit located in another locality or other locality, it is required to fix in the employment contract that the place of work is the corresponding separate structural unit of the organization located at a specific address. For example, if Romashka LLC is located in Moscow, and the employee is admitted to the Nizhny Novgorod branch of Romashka LLC, it is necessary to indicate this and indicate the address of the branch in Nizhny Novgorod.

If the employee is accepted for permanent work in another locality, but there is no separate structural unit of the organization, it is necessary to indicate in the employment contract that the place of work is this organization, and additionally note that the employee will perform his labor duties in another locality . In this case, the question may arise: will the employee not have to arrange a business trip? You don't have to. The specified condition in the employment contract just confirms that the employee works where he lives.

Note. Indication in the employment contract of the settlement for the implementation of the labor function, which is different from the location of the organization, will help resolve the issue of vacancies available to him in this area, in cases established by the Labor Code:

• Art. 74 - if the terms of the employment contract determined by the parties have changed for reasons related to changes in organizational or technological working conditions, and the employee does not agree to work in them;
• Art. 76 - when deciding on the removal of an employee in the event of suspension for a period of up to two months of the special right that the employee has (licenses, the right to drive a vehicle, the right to carry weapons, other special rights), if this entails the impossibility of the employee to perform obligations under an employment contract;
• pp. 2, 3 h. 1 tbsp. 81 - when deciding on the termination of an employment contract at the initiative of the employer in connection with a reduction in the number or staff of employees or inconsistency of the employee with the position held or work performed due to insufficient qualifications, confirmed by the results of certification;
• pp. 2, 8, 9, 10 or 13 h. 1 art. 83 - when deciding on the termination of an employment contract due to circumstances beyond the control of the parties;
• Art. 84 - in case of termination of the employment contract due to violation of the rules for its conclusion, if the violation of these rules excludes the possibility of continuing work;
• Art. 261 - upon dismissal of a pregnant employee due to the expiration of the employment contract, which was concluded for the duration of the duties of the absent employee.

An additional condition that may be included in the employment contract is the specification of the place of work - an indication of the structural unit and its location or workplace. Note that with remote work, this may not be at all. We recall that, by virtue of Art. 209 of the Labor Code of the Russian Federation, a worker is understood to be a place where an employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer. Therefore, when working remotely, you can:

• specify in the employment contract, while the employee will have to be in certain places, but these places will not be controlled by the employer;
• do not specify in the contract, thereby allowing the employee to independently determine the place where he will perform the work.

On the one hand, it is very important to indicate the workplace, since it is the absence from it that can be regarded by the employer as absenteeism, respectively, it is possible to apply disciplinary measures up to and including dismissal.

Note. Absenteeism - absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as absence from the workplace without good reason for more than four hours in a row during the working day (shift) (clause "a "clause 6, part 1, article 81 of the Labor Code of the Russian Federation).

On the other hand, for the employer, the main thing is the performance of the work and is it so important where the employee is, if all the work is done on time and with high quality.

We cannot but highlight the point of view of some authors that, even if the workplace of a remote worker is not fixed in the employment contract, it can be established later, for example, by order or other local regulatory act. This position is based on paragraph 35 of the Decree of the Plenum of the RF Armed Forces dated March 17, 2004 N 2. Therefore, if it is important for the employer that the remote worker be in a specific place for some time, an order can be issued to determine the workplace. Accordingly, the employer will have a legal basis for the application of disciplinary measures.

The next mandatory condition of the employment contract is labor function(work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; a specific type of work assigned to the employee). We believe that in the case of remote work, the labor function of an employee should be clearly defined. This can be done both in the employment contract and in the job description, so that the parties to the employment relationship can clearly understand the duties of the employee, the fulfillment of which the employer may require.

If the employee's labor function is not described in detail, disagreements may arise between the parties to the employment contract, which, as practice shows, are not always resolved in favor of the employer.

Time tracking

Working time - the time during which the employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods that relate to working time. Article 91 of the Labor Code of the Russian Federation establishes the obligation of the employer to record the time actually worked by each employee. For this purpose, the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1 provides for unified forms T-12 "Time sheet and payroll calculation" and T-13 "Time sheet". But how to take into account the working time of an employee who works outside the office?

The legislator has not regulated this issue either, therefore, we believe that the accounting of the working time of an employee working at a distance must be kept, relying on his good faith.

Based on Art. 21 of the Labor Code of the Russian Federation, in accordance with which the employee must conscientiously fulfill his labor duties and comply with the rules of the internal labor schedule, it is possible to fix in the employment contract a provision on the obligation to notify the employer about absence from the workplace (if it is determined by the employer) and to prohibit working beyond the established working hours time.

It turns out that the time sheet will be filled out on the basis of data on the working hours of a particular employee, as well as deviations from the norm and working hours. This approach is also confirmed by guidelines for the use of unified forms, according to which the costs of working time are taken into account in the time sheet either by the method of continuous registration of attendance and absence from work, or by registering only deviations (absenteeism, lateness, overtime hours, etc.).

Document management for remote work

Currently, the issue of the exchange of documents between a remote worker and his employer is not regulated at the legislative level, however, like most of the nuances of the labor activity of workers in this category.

Unfortunately, even with the existence of Federal laws on electronic digital signatures, the norms of labor legislation still do not provide for the possibility of compiling documents regulating labor relations (employment contracts, orders, etc.) in electronic form and signing them with an analogue of a handwritten signature, for example, electronic digital.

Of course, it is best to personally meet with the employee when his signature on documents is required. However, this is not always feasible. We believe that it is possible to send documents by mail (with a list of attachments and a return receipt). It is worth noting that with such an exchange of documents there is a risk that they will be lost or copies of the employer will not be returned by the employee, but this is currently the only way to comply with labor laws.

Summarize

Remote work is associated with certain difficulties, since it is practically not regulated by labor legislation, so the majority of workers who work outside the office remain in the shadows and are formally unemployed.

Until there is clarity on the regulation of remote work, we recommend concluding not an employment contract, but a civil law contract. It is on the basis of the latter that the performer will create artistic or musical works, translate or edit texts, hold presentations in his city, etc.

A.I. Suverneva

Journal Expert

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Many managers have probably had to deal with the fact that their employee wants to “work from home”. How did you react to this? Most likely, you imagined how fun an employee is having a good time, not thinking about work at all.

Modern technologies allow the employer not to worry about the fact that their subordinate "shirks" from performing his duties. The emergence of smartphones and free Wi-Fi zones allow you to keep this issue under control. Therefore, it will be better if you take care of maintaining the integrity of the company.

From this article you will learn:

1. 5 options for finding remote employees
2. Step-by-step instructions for the right recruitment of employees
3. 6 Best Remote Employee Management Tools

Who are remote workers

remote employee

This is a specialist hired to perform certain duties. Moreover, these can be both full-time employees with whom the company has concluded an employment contract, and freelancers, that is, private specialists who are attracted to perform any specific work (for example, the development of a specific project).

In fact, the concepts of a remote employee and a freelancer are significantly different from each other and should not be confused.

According to forecasts, up to 20% of Russian citizens by 2020 will acquire the status of "remote worker at home". Even today, some companies practice this form of work.

Pros and cons of an employee working remotely

Not so long ago, a survey was conducted in which 500 remote employees took part. The researchers were faced with the task of comparing the level of satisfaction of remote and office employees.

The experts were very surprised by the results. Remote workers have identified a number of advantages in their system of work:

1. About 91% of respondents believe that they work more productively at home.
2. People like to work more seven days a week but be less busy during the day (fewer hours). They feel happier than people who work in a non-standard mode (for example, at night, from Saturday to Wednesday, etc.).
3. Assessing their level of job satisfaction (on a scale of 1 to 10), the average score for remote workers was 8.1 and for office workers 7.4.
4. In terms of whether they are valued by management and peers, the remote worker score was 7.9 and the office worker 6.7.

Criticism from the management and analysis of the performance of remote employees is perceived much easier than when working in the office (as a rule, this process is quite painful and is associated with certain problems).

However, remote work also has disadvantages, which are often not given due attention either by management or by the employees themselves.

Below are the results of the study, the purpose of which was to identify the negative impact of remote work on corporate culture:

1. So, 27% of remote employees could not fully work due to the lack of support from colleagues (correspondence and chat will not replace simple human communication).
2. Assessing the relationship with other employees, the remote employee gave 7.9 points, and the office employee - 8.5 points (on a scale of 10).
3. Employees who were "forced" to work remotely felt more unhappy than those who did so voluntarily. This fact once again testifies to the social nature of a person, confirming the need for habitual interaction with colleagues and other people.

Based on the results of the survey, we can conclude that the use of a remote work system is moving to a new stage of development. Now a remote employee can do much more in less time than an employee who is in the office can do in the same time.

Of course, management will have to make a choice between a slight decrease in productivity and a deterioration in corporate culture, which is a consequence of the fact that employees do not know each other and are deprived of the opportunity to discuss their ideas and consult.

3 common misconceptions about hiring remote employees

Remote workers put company data at risk

Some believe that information leakage is inevitable if it is transmitted through third-party servers. However, the risk of leakage can be minimized by using the services of a highly qualified IT specialist.

In the arsenal of professional IT teams there are quite a few methods that have received worldwide recognition. Such remote employees can protect the computer of any manager from unauthorized intrusion, as the use of cloud technologies makes it possible to work with special programs. In addition, information will be more secure if you use a VPN and two-factor authentication.

Naturally, if an employee wants to steal data, he will do it regardless of where he works: at home or in the office. So, the office mode of operation does not guarantee 100% safety, everything here depends on human qualities.

Remote work raises costs

There is a common belief among employers that a remote worker is expensive because they need to use additional technology. But this is usually not true. Of course, sometimes management has to spend some money on the purchase and delivery of equipment. But these costs are justified.

This is quite understandable. First of all, the employer is exempt from rent (office and furniture), from providing additional benefits (coffee, tea, copiers, etc.). In addition, there are countries where the reduction in the company's carbon gas is reflected in taxes, and remote employees do not need to use transport every day to get to the workplace.

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Remote work kills company culture

A remote employee cannot fully experience the corporate spirit - it's true. However, the success of the company directly depends on the attitude of management towards their subordinates, and not on how often they can “chat” with each other. Therefore, only properly organized communication contributes to the preservation of corporate culture.

The manager's task is to show that the company really needs the employee and means a lot to it (especially if he works remotely). So, it is not at all necessary to regularly personally communicate with subordinates in order for the employees to be positive and the company to have a friendly atmosphere.

Who is most likely to seek remote work?

A remote worker typically falls into one of the following categories:

Women on maternity leave

Young mothers who want to earn extra money. They can live in any city, and not necessarily in Russia. They are most suited to work with a free time schedule, to which they can devote about five hours a day.

This regime allows them to combine child care, family life and earnings. Such women can be involved in both administrative and collective activities. The main thing is that the duties performed do not require adherence to a clear schedule (for example, communicating with customers by phone, accepting applications, etc.).

Main criteria: women under 38 living in the regions.

Preferred vacancies: social network administrator, operator of incoming/outgoing calls.

Likely risks: lack of work experience, non-compliance with the terms of the assignment.

People restricted by the labor market

We are talking about people who cannot find offline work due to the fact that they live in small towns or are disabled. Often the possibility of employment of such people is practically equal to zero. Of course, life does not stop there, so they have to find a way out of this situation, and remote work is a very good solution to the problem.

These can be specialists of completely different orientations and qualifications, who are suitable for any work schedule, since this is often the only way to earn and survive. For the employer, such a remote employee can be a real "find". Often they have to retrain, as their previous work experience may not match that required for online.

Main criteria: men and women of any age, without restrictions on the place of residence.

Preferred Jobs: any work. The main thing to pay attention to is the desire to work and the potential of the applicant, since these people are characterized by high self-organization and a sense of responsibility.

Likely risks: low professional skills.

freelance artists

This category includes people who need to be free in a given period of time, or they like to travel. They feel comfortable when they can do work with a cup of coffee in their hands, sitting in a cozy cafe.

Such a remote employee is able to combine personal life and the process of "earning" for its worthy provision. For some time we observed such people and came to the conclusion that they, as a rule, master such a field of activity where “direct” communication with people is not required.

Main criteria: men and women of any age, without restrictions on the place of residence, with creative thinking.

Preferred vacancies: marketers, content managers, technologists or executive assistants.

Likely risks: low level of self-organization, violation of deadlines for delivery of work, decrease in labor efficiency.

Experts

These are highly qualified specialists, true masters of their craft. Such employees use every opportunity for self-improvement and self-development. Of course, they can work equally effectively both at home and in the office, because the only thing they are interested in is their work. They guarantee a quality result, because they have high professional skills.

Main criteria: most often, men who are responsible for work and have a high level of self-organization. Guaranteed high quality work.

Preferred vacancies: programmers, intellectuals, technicians, managers who manage remote employees, specialists with a narrow focus.

Likely risks: there are no professional risks, but they need to provide high wages.

Search for remote employees: 5 options

Labor exchange

Various sites with job offers. It is obligatory to specify in the announcement: work at home or the remote employee is required. On some resources and sites aimed at employment, there are separate sections that are marked as “remote work”. For example, "From hand to hand", HH.ru, Rabota.ru and some others.

Social network

A fairly effective way if you need employees to work remotely. You will be required to develop a banner with a message about the vacancy. Then you run targeted ads on popular social networks (Facebook, VK and OK). Also, you can place paid and free job advertisements in the thematic community.

In addition, you can visit the communities where job seekers post their resumes and get acquainted with the materials of users leading groups whose topics are similar to your field of activity.

Territory of job posting

It is very important to observe the geographical aspect of the search. For example, companies located in Moscow, when recruiting remote employees for regular positions, should pay attention to the regions. But, if you need a specialist of a high category, then, of course, focus on large cities, because you are interested, first of all, in the professionalism of the applicant.

If you need an IT specialist, then it is better to use Ukrainian sites, practice shows that a large number of very smart programmers are concentrated there.

If you need remote employees to work in a call center or other specialists whose duties will include communicating with customers by phone, then, of course, only Russian resources should be used here. It makes no sense to look for literate and pure Russian speech in any other country or in the Russian outback (dialects, peculiarities of dialect and pronunciation may not have a good effect on work efficiency).

Specialized Resources

There are many portals and resources that facilitate the search for highly qualified specialists, experts in their field. Finding them is easy if you enter the appropriate query into the search engine. Among them are such as Zarplata.ru, VC.ru and many others.

Freelance exchanges

Today, labor exchanges are becoming more and more popular, thanks to which it is possible to recruit employees for remote work. Of course, specialists working “from order to order”, in other words, freelancers, are most often registered there, but it is also worth a look there.

When writing a job posting, note that you are counting on long-term cooperation, and not on short-term work. In addition, we advise you to mention that you do not welcome part-time work in other companies.

Popular freelance exchanges are recognized such sites as freelance.ru, work-zilla.com, FL.ru and some others.

The Right Recruitment of Remote Employees: A Step-by-Step Guide

Step 0. We decide for ourselves: why we hire remote employees

Before you start looking for your remote worker, you should answer the following questions:

1. What is the purpose of hiring an employee? What responsibilities will the remote worker perform? What production tasks will be solved?
2. What qualities should an employee have? so that he successfully solves the tasks assigned to him? What should be the education, qualifications, work experience?
3. What salary are you willing to pay? Set the minimum and maximum earnings (the amount should not be announced in the ad or at the interview, you must determine the allowable limits, first of all, for yourself).

Step 1. Compose a job description

If a job is opened by a popular company like Google, then the need for a detailed introduction disappears by itself. Job seekers understand that a decent company will offer a decent job. But if you are not yet one, then people will only know about you what you tell them in the vacancy.

The text should be positive, honest and informal in order to evoke appropriate emotions in the reader. For example, you run a company whose team consists of young people, and the relationship between team members is more like friendship than business. This means that the dry, formal style of the text for your ad is simply not suitable.

Present the vacancy as you would invite a good friend to become a member of your team. Do not forget to finish with the words: "We are waiting for your resume at the address ...".

Also, remember to be honest. Agree, you will have a "pale look" if the employee is disappointed, not having received what was promised and convicting you of deceit.

Step 2. We study the received resumes

Some are sure that a resume cannot be of any value to an employer. We want to challenge this misconception. We believe that a resume is the first thing a candidate for a vacant position should provide. First of all, you will have the opportunity to get acquainted with some facts of the applicant's work biography: education, seniority and experience, previous place of work, etc.

At first glance, the presence of the "Hobby" section is not at all necessary. But we do not agree with this, because the interests of a person, what he does in his free time, can characterize him much better than any labor characteristics. Because this is what is really interesting for a person, since he does it “for his own pleasure”. It is this section that can reveal the true motivation of a future employee.

In addition, you should pay special attention to how the resume is designed. For example, what would you think if a future remote worker sends you a document with a completely different addressee? Most likely, you will decide that he is not attentive enough or absent-minded.

Or maybe he is simply not interested in your offer, and he sent the document "on the machine"? After all, for some reason he did not correct the name of the addressee company. Are you interested in this candidate? Hardly. So, it will be quite logical if you just thank the person for the information provided and participation.

So, the resume should be requested, but you should not believe everything that is written in it. Quite often it does not correspond to reality: someone can talk very beautifully about himself and be “no” specialist, and someone, on the contrary, is an extra-class professional, but he could not draw up a resume correctly.

Step 3. We conduct a survey, narrowing the circle of candidates

If you are interested in someone's resume, invite candidates to answer the questionnaire. You can use Google Drive to create a form. It should not be too voluminous (10 questions are enough), information content is first of all.

The questionnaire should contain situational questions in order to have an idea of ​​some of the candidate's professional skills before the interview. For example, “What would you do in such a work situation?”.

In addition, ask what salary the applicant expects. We are sure that a person should receive as much as he wants for work. Therefore, if he voices a figure that exceeds the one that you are ready to offer, then further conversation does not make sense.

Even if you find a compromise, one of the parties will be unhappy: either the employee, receiving an unsatisfactory salary, or the employer, "does not fit" into his budget. The outcome of such relationships, as a rule, is predetermined from the outset.

Ask what working hours (Moscow time) the remote employee prefers and see how many working hours you have the same (preferably at least a four-hour coincidence of the schedule).

As a result of the survey, you should have 3-5 people who you consider the most promising candidates. Do not forget to thank everyone who took part in the survey, and with the rest, we move on to the next stage - the interview.

Step 4. We conduct an interview

Given that you need a remote employee, we are not talking about a face-to-face meeting. The interview can be conducted, for example, via Skype.

Before the start of the interview, you should have a list of questions ready to be asked to absolutely all applicants (this will make it possible to objectively evaluate the candidates). You can offer situational questions and ask about the person's past achievements (education, previous jobs, etc.).

It is advisable that during the interview you conduct a small test to determine key professional skills and abilities.

Suppose you need a remote employee − programmer. Ask him to solve an appropriate problem, for example, let him share a Google document. You watch his work right there, being on the air.

If you need support worker, then his main qualities should be accuracy, literacy and attentiveness. So, as a test, you can offer a text in which mistakes are made, and see what and how quickly he sees and corrects.

Candidate for marketers offer a theory case. For example, a company is engaged in the production of slippers that it plans to sell to hotels. What is the best way to approach this task?

remote employee analyst will be engaged in the processing of information, which means that the applicant can be provided with some (fictitious) statistics and asked to analyze according to some parameters (for example, set the time spent on the site, the most popular pages, etc.).

It's hard to tell how honest sales agent, salesman approached writing a resume, if not to ask him to "call a potential client now and try to sell your products."

During the interview, you should take into account:

• Candidate is anxious. The stressful situation will negatively affect the quality of the tasks being solved.
• You must identify core professional skills Therefore, testing should include tasks inherent in a particular specialty.
• Don't neglect feedback. After completing the task, it is necessary to evaluate the work done (mark the positive points and mention what did not go completely smoothly).
• Take the opportunity to test in a relaxed environment. Offer to work from home. For example, "Solve this problem and send the result by 11:00 tomorrow." Important: set specific deadlines (you will find out how punctual a person is).

Moments that can ease the "pangs of choice":

• Record your impressions immediately after the interview. If you're dealing with multiple applicants in succession, it's easy to get confused.
• Trust your intuition. If one of the applicants is in doubt, stop dating. Practice shows that such premonitions are justified.
• Do you need one remote employee, and you have two worthy applicants? Conduct additional testing, verification. People can be told that you need time to make a final choice between two candidates.

Large companies practice a paid trial period, after which the most suitable employee is selected. During the internship, feedback should be provided at least once every two days. Ask what your colleagues think about the intern.

• When hiring an employee, pay more attention to his attitude to work. Professional skills are acquired, but the attitude is almost impossible to change.

How to register a remote employee

Registration of a remote employee is carried out after the provision of certain documents provided for Article 65 of the Labor Code:

• Identification document (passport).
• Employment book (except for cases of first employment or part-time employment).
• Certificate of state pension insurance.
• A military ID or a document on military registration (required for those liable for military service and people of military age).
• Diploma or other document on education, indicating the presence of certain professional knowledge (if the job requires special knowledge).

To employ a remote employee, the employer must:

1. Accept the documents listed above from the employee.
2. Provide for review the regulations that the employee must know in order to perform duties.
3. Conclude an employment contract for a remote employee.
4. Issue an order to hire a new employee.
5. Fill out the T-2 form (personal card).
6. Make an entry in the work book (except in cases of mutual agreement that an entry on remote work will not be made).

A remote employee must be included in the company's staff and have the same rights as other employees. The laws of the Russian Federation do not provide for any “special provision” or exceptions.

However, remote work provides for one, fundamentally new form of interaction: the exchange of documents in electronic form.

Both the employer and the subordinate must provide confirmation that an electronic document sent by the other party has been received. The terms for sending the confirmation must be stipulated in the employment contract.

In order for such a document flow to be possible, it is necessary to obtain an electronic signature. An electronic document can be considered information confirmed by an electronic signature, since it is equated to a signature and seal that are put on paper copies.

Electronic document management opens up the following opportunities for the employer:

1. Conclusion of an employment contract (if this applies to remote work).
2. Obtaining a signature on regulations sent to a remote employee for review. According to Article 68 of the Labor Code, the internal regulations, the collective agreement, the regulation on payroll and some other local regulations are sent, according to which remote employees will be monitored.
3. Drawing up an additional agreement, on the basis of which changes can be made to the employment contract.
4. Familiarization of the employee with the orders and orders of the head, with other documents, after reading which the subordinate must put his signature.

Electronic document management allows an employee to send various documents (applications, explanations, etc.) to his employer.

The employment contract must indicate the place of its conclusion. As a rule, this is the address where the employer is located.

The contract must specify the place where the remote employee will work.

AT Article 312.1 of the Labor Code it says that it is allowed to indicate his address of residence as the workplace of a remote employee.

An employment contract for remote work may include additional conditions. For example, about the use in their work of certain data protection tools, programs, equipment and other tools that the employer considers necessary. Moreover, equipment and facilities can be provided by the company's management, or they can simply be recommended.

On the territory of Russia, individuals working remotely are subject to the generally established taxation system (personal income tax).

Thus, working on the Internet as a remote employee is equivalent to working in any other company.

Employees who work remotely are entitled to all compensation and guarantees provided for by the Labor Code of the Russian Federation if they work on the basis of a concluded employment contract (that is, they are officially employed). These include:

• Paid holiday duration of 28 calendar days (at least), which must be provided annually.
• Additional and educational leave.
• Payments of benefits for temporary disability(sick leaves due to illness, childbirth, etc.).

How to organize remote access for employees

Make sure you have internet access

If your company works remotely, then the Internet is your space. All work processes are connected with it: informing, data exchange, communication, accounting, control.

For us, cloud CRM has become a real find. This virtual environment is available anywhere in the world. In order to enter it, it is not at all necessary to have a server or wires, it is enough to have some device that supports the Internet.

There is Internet access, the appropriate speed - you can get to work.

Use cloud programs

To work effectively, you will need to manage the business process: set tasks, take into account time and control the performance of work, take care of the safety of information.

In fact, a lot of cloud programs have been developed. The main thing is not to get confused and choose the one that best suits your needs. In this case, you can be guided by the following principles: simplicity, speed and accessibility.

In addition, pay attention to the presence of "reminders" (sometimes this is simply necessary). Often schedulers are equipped with many options that are absolutely useless, so the functionality should be as simple as possible.

A plan has been drawn up, tasks have been set - proceed to their implementation.

Use IP Telephony

The main part of successful sales is carried out by telephone (33 - 92%). If you lose it, you risk losing customers. Familiar telephone sets imply a constant presence in the office, which means that a remote employee is not your option. Using mobile phones for regular calls is expensive. Moreover, once outside the coverage area of ​​the network, you can miss the call.

Virtual telephony is the ideal solution to the problem:

1. The cloud is involved, so it does not matter where exactly the employee is located.
2. A single number that can be used anywhere in the world.
3. Provider support may be needed at any time, and you will receive it (technical assistance, answers to questions, a hint for action).
4. The exchange of electronic documents can be carried out without personal communication, simply by sending the original documents.

The checklist required by the manager for the effective use of PBX:

• Listen to calls(you must know how an employee works, for example, an online store remotely).
• Keep track of missed calls(you will understand why not all customers can get through).
• Connect with CRM.
• Set up forwarding(your subordinates will be in touch around the clock).
• Follow the statistics(you will see the "big picture" of the company's work).

Set KPIs

Suppose you hired two employees, for example, Fedya and Kolya, to perform identical tasks. They work according to the generally accepted schedule (eight hours a day from Monday to Friday). And one day you notice that Fedya "works hard" for all eight hours, and Kolya always has a couple of hours left, which he spends "on himself, his beloved."

Naturally, you come to the conclusion that you no longer need Kolya's "services" and say goodbye to him. However, later it turns out: Kolya coped with the task in six hours, and the rest of the time he was engaged in self-education, and Vasya is not able to fulfill the daily norm even in eight hours. It turns out that your decision was hasty.

For any leader, the result is more important than the amount of time spent to achieve it. Therefore, if you are moving into a remote work mode, it is wise to set key performance indicators (KPIs). Moreover, the assessment system should be understood not only by you, but also by the remote employee.

The principle of operation is as follows:

1. An employee enters his monthly and quarterly plan into a Google Docs spreadsheet.
2. At the end of the reporting period, the results are summed up (the employee notes completed and outstanding tasks).
3. The manager, looking through the data, sees how things are going for each employee.
4. A remote employee knows what to focus on and what the management's expectations are.

In addition, you will be able to know about the tasks completed for a specific period if you regularly conduct operative reports and get acquainted with the reports of subordinates. This approach to the organization of accounting and control will avoid the risk of dismissal of a really valuable employee.

Work on team development

It may happen that remote employees have different qualification levels - this is not very convenient, so it is worth training them. Keep track of thematic online courses and educational programs, especially since there are quite a few of them at present - this is copywriting, SEO, marketing, and much more.

You can learn:

• Online university "Netology". Specialization: Internet marketing of various levels (from beginner to expert).
• Lecture hall "Theory and Practice". Specialization: business, art, design.
• Interactive courses "HTML Academy". Specialization: HTML and CSS.
• Online catalog "Coursera" offers the most numerous list of training courses (and not only Russian, but also other countries).
• Academic educational project "Lectorium".

Don't forget that communication involves two-way communication: you and the remote employee must be in regular contact. This will help you to verify the effectiveness of the chosen system and suggest ways to improve the company.

Ask, conduct online meetings and surveys. All in your hands!

Remote Employee Management: 6 Best Tools

• Basecamp

Basecamp is a service that provides a platform for organizing and discussing collaboration. Here, a remote employee can find not only like-minded people and support, but also tools to help organize work: file sharing, tasks, time control.

Free use is not provided. The cost of one month of use is $29.

• PivotalTracker

PivotalTracker is a project management service. It is designed to plan and control the work of remote employees, tracking the effectiveness of each of them. Using PivotalTracker allows you to follow the development of the project at each stage.

The service offers analytics and visualization tools, which helps to quickly identify and evaluate problem areas, set the most successful moments and stages that are ahead of schedule.

The service can be used by a team of three people for free. In other cases, you will have to pay from 12.5 dollars.

• Kanbanery

Kanbanery is a service used by team members. It is a "task board" that can be used for any type of work that requires close collaboration between employees. Using this service, you can identify problems and errors, generate reports, search for information about any stage or section of the project.

The trial period - 30 days - is provided free of charge.

• Jell

The trial period - 14 days - is provided free of charge. Monthly tariff - from 4 dollars.

• Proofhub

Proofhub is a service suitable for both remote employees and freelancers. It has a rather advanced functionality and it is possible to carry out managerial functions (task management, performance monitoring, time tracking). Proofhub allows you to integrate other programs. There is also a mobile application, thanks to which a remote employee can always be in touch.

The trial period - 30 days - is provided free of charge. The most profitable is the individual tariff, which allows you to simultaneously manage 10 projects with a different number of participants. The monthly cost of using the service is $18.

• Jira

Jira is a tool that includes many different features that allow you to effectively manage projects. It is suitable for teams with a different number of remote workers (from a few people to 50,000 employees). With Jira, you can create a plan that suits every team member.

Among the variety of tools, there is an accurate assessment function, thanks to which a remote employee can work “in time” with the rest of the team. Using the reporting system, you can control the project at any stage of work.

There is no free period. The monthly cost of using the service is $10.

How to control remote employees

Regardless of the field of activity and the complexity of the tasks, each remote employee must follow the structure of the process, and you must control this. Only with a well-established management system can you know how your subordinate solves the tasks assigned to him, how effective his work is, how the work on the project is progressing, etc.

If each employee has a clearly formulated task (with a description and a deadline), then it will be quite difficult to do something wrong. You can create a visual work plan and streamline the sequence of tasks using the scheduler or CRM system.

But it is important not to go too far with the degree of control. Keep in mind that a remote employee consciously chooses this form of work, he wants to feel more or less free in his actions. Such employees are ready to provide the company with their abilities, offer original solutions, so excessive control can cause them negative emotions, dissatisfaction and push them to quit.

In many ways, it is the nature of the tasks to be solved that determines the level of control. Sometimes you can just check the progress of the process and request statistics. It’s easier if the employee works “for the result”: use the deadline and check compliance with the established criteria. That's all control.

Naturally, many managers are afraid that a remote employee is shirking work, having a lot of rest, and so on. But competent employees plan their work in such a way as to spend less time on it. So don't get hung up on HOW MANY people work. The main thing is HOW he does it (does he meet the deadlines, does the quality match, etc.).

Dismissing a Remote Employee

The dismissal of a remote employee is regulated by chapter 49.1 of the Labor Code of the Russian Federation. The dismissal procedure is similar to that which an employee goes through during normal work: first of all, a remote employee must write a corresponding application in any form.

The structure of the application is standard:

• In the upper right corner, the employee writes to whom the document is intended (name of the company and full name of the head) and indicates his data (full name and position).
• Centered "Statement".
• The text should include the reason for dismissal (own desire or mutual consent of the parties).
• Date and signature below.

In order to avoid controversial issues, the application is certified by a notary, a color scan is made and sent to the employer.

The remote employee must inform the manager of his intentions no later than 2-3 days before submitting the application and work for two weeks from the date of its submission (if necessary, and the employee leaves without good reason).

In addition, the manager has the right to send the employee's work book by mail only if he has an application indicating the delivery address.

It happens that the employer is the initiator of the termination of the employment contract (this option should be provided for by the terms of the contract). Article 312.5 of the Labor Code states that such a dismissal will be legal if the employment contract is signed by both parties. This fact is taken into account in the case of resolving disputes in court.

According to Article 57 of the Labor Code of the Russian Federation, a remote worker should not be infringed on his rights: he has the right to protection from arbitrary dismissal and payment of compensation. The dismissed “remote worker” is entitled to a severance pay in the amount of a monthly salary (this will reduce the risks of litigation and maintain a loyal attitude towards the company).

remote work in our country is not as developed as, for example, in the USA or Europe. Entrepreneurs are still frightened by the prospect that they may never meet their employee. In our article, we will figure out exactly how remote work can be organized so that it does not cause concern for the enterprise and questions for the regulatory authorities.

Telecommuting or remote work from home

What do we know about remote work? There are several types of remote work:

• home;
• remote;
• freelance.

Freelancing is work under a civil law contract. With this kind of remote work, everything is clear. The entrepreneur finds an employee (freelancer), gives him a specific task, sets deadlines and indicates all this in the GPC agreement. If the employee does the work on time, the employer pays him a one-time remuneration specified in the contract. This type of employment does not imply any social guarantees.

But with the home and remote work things are different. An employee concludes an employment contract (TD), which gives him all social guarantees.

Features of remote work of a homeworker

When working at home, the worker's workplace is his home. Raw materials, tools for performing certain work are provided by the employer or the employee can purchase them on their own. This is specified in the TD. Under such conditions, the contract prescribes compensation for the expenses incurred by the homeworker:

• for the purchase of materials, raw materials, tools;
• use of technology (if it belongs to the employee, and is not provided by the organization), the Internet, the telephone;
• electricity costs and any other costs, the reimbursement of which will be indicated in the TD.

A homeworker can involve members of his family in the work (Chapter 49, Article 310 of the Labor Code of the Russian Federation).

What is work at home, we found out. Let's figure out how to build labor relations with such employees?

Ch. 49 of the Labor Code of the Russian Federation regulates labor relations between an employer and a homeworker. From Art. 311 of the Labor Code of the Russian Federation, it can be seen that the main conditions under which a homeworker can be entrusted with work are his state of health and compliance with labor protection requirements (Article 212 of the Labor Code of the Russian Federation). For the most part, manufacturers of handicraft goods, seamstresses, and assemblers work at home.

All relations between the enterprise and home workers are regulated by the Labor Code of the Russian Federation and Trade House. Consider the main points of the contract.

After the conclusion of the TD, the enterprise issues an order to hire an employee. In the column "Nature of work" you need to write: "Work at home." The employee must familiarize himself with the order and put his signature in the appropriate place.

The work book is filled out without any indication of home work.

IMPORTANT! Even though the homeworker manages his/her own working time, the employer needs to fill out a timesheet. The rules on overtime pay do not apply to him.

How to fill out the time sheet, read in statye .

Regulations on the working conditions of homeworkers

Until recently, there was a provision on the working conditions of homeworkers, approved by the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated September 29, 1981 No. 275 / 17-99, but it has become invalid and is not valid on the basis of the order of the Russian Ministry of Labor dated December 29, 2016 No. 848.

To avoid misunderstanding with the employee, it will be correct to draw up a job description or regulation on home work. There you can describe in detail the security requirements, responsibility for their non-compliance and other rules of work. You can also provide for the provision of compensation and additional guarantees. In the TD, the employee must put a mark that he is familiar with the rules.

Remote work according to the Labor Code

Remote work on Labor Code of the Russian Federation it can be considered the performance of certain functions specified in the TD, which takes place outside the stationary workplace provided by the employer. For work and communication with the employer, the employee must use public information and telecommunication networks (ITS) (Article 312.1 of the Labor Code of the Russian Federation).

A remote worker is a person who has concluded a TD on remote work.

One of the differences between a remote worker and the rest is communication with the employer through the exchange of electronic documents and the use of enhanced electronic signatures (Law "On Electronic Signature" dated April 6, 2011 No. 63-FZ). Each of the parties, after receiving the electronic document, is obliged to send confirmation in electronic form.

What is an electronic signature?atye .

The question arises: how remote work conclude a TD with a remote employee?

The contract is concluded, as well as the document flow as a whole, using public ITS, including e-mail. After that, the employer sends a paper copy of the contract by mail to the remote worker within 3 days.

How to register an employee, working from abroad, read inarticle .

Since at remote work the employee has all the same rights as those who perform their duties in the office of the enterprise, he must submit to the employer in electronic form the documents listed in Art. 65 of the Labor Code of the Russian Federation. If necessary, the employer has the right to require the employee to send him notarized copies of documents.

If the employee did not previously have SNILS, he must obtain it on his own and send a copy to the employer.

With mutual consent, the work book is not filled out. The document confirming labor activity and length of service is TD. In the absence of such an agreement, the employee sends the work book to the employer by mail (registered mail) (Article 312.2 of the Labor Code of the Russian Federation).

Let's take a closer look at some points.

Reflection of the place of work of a remote worker in an employment contract

Because remote work cannot be associated with the address of the employer, the home address of the employee is indicated as the place of work in the contract. But this does not mean that he should only work at home.

An employee may, for example, appear at the employer's office to hand over finished work or receive an assignment. It is possible for the employee to be present in the office for a limited (specified in the contract) time. But if in fact the bulk of the work is done outside the office, it is still considered remote.

Remote employment: mode of work and rest

According to Art. 312.4 of the Labor Code of the Russian Federation, a remote worker independently establishes the regime of his employment and rest, unless otherwise stipulated in the employment contract. So the order remote work must be determined at the time of signing the contract. These working conditions are typical for specialists in creative professions.

If the contract stipulates a free work schedule, that is, regardless of the time of day and weekends, the employer is relieved of the obligation to keep track of working time.

But if the working hours are specified in the contract (for example, from Tuesday to Saturday from 9:00 to 15:00 or any other time), the employer needs to keep track of working hours and make an additional payment for overtime, if any. Such conditions are typical for the work of dispatchers.

Safety

Most of the requirements for the organization of labor protection and safety regarding remote work the employer is not required to comply.

When hiring a remote worker, it is necessary to familiarize yourself with the requirements for labor protection when working with equipment provided or recommended by the enterprise (Article 312.3 of the Labor Code of the Russian Federation).

Also, the enterprise is obliged to conduct a special assessment of jobs, but in accordance with paragraph 3 of Art. 3 of the Law "On the special assessment of working conditions" dated December 28, 2013 No. 426-FZ, a special assessment of jobs is not carried out in relation to the working conditions of homeworkers and remote workers.

How often should safety training be given?, read the articles:

If an employee is injured or falls ill during the performance of labor duties, the enterprise is obliged to organize an investigation, during which it will be clarified whether this is an accident at work or not (Article 227 of the Labor Code of the Russian Federation, Article 3 of the Law “On Compulsory Social Insurance against Accidents cases at work and occupational diseases” dated July 24, 1998 No. 125-FZ). Only the commission has the right to conduct an investigation (Article 228 of the Labor Code of the Russian Federation).

Compensation

At runtime remote work the worker himself organizes his labor process. If an employee uses his or rented equipment, software and hardware, information security tools and other means, the TD must specify the procedure and terms for paying compensation for its use. It is also necessary to provide and specify the procedure for reimbursement of other possible costs associated with the implementation remote work(Article 312.3 of the Labor Code of the Russian Federation).

We conclude that the employee and the employer can agree on and fix in the TD the procedure for compensating the employee's expenses. But in accordance with the letter of the Ministry of Finance of Russia dated April 11, 2013 No. 03-04-06 / 11996, documentary evidence of depreciation of property and other expenses required by the employee is required. It should also be noted that if the property was used not only for official needs, a separation of the degree of wear and tear is required in accordance with the purposes of its use.

Payroll for remote workers

So that the employer can fearlessly take into account the payment remote work in your expenses, you need to fix in the TD methods of accounting for hours worked. The fact that an employee can independently determine his own working time does not cancel the obligation of the employer to take into account the time actually worked (Article 252 of the Tax Code of the Russian Federation, Article 312.4 of the Labor Code of the Russian Federation). If this is not possible, other evidence may be presented. For example, a register of completed works.

The remuneration itself, as a rule, occurs by bank transfer according to the details specified in the contract. If the employee wants to change the bank details for the transfer, it is necessary to draw up an additional agreement and indicate the new card details.

In addition to the transfer to the account (card) of the employee, payment options are applied by postal order, as well as from the cash desk of the enterprise in cash, if the employee periodically appears at the employer's under the terms of the contract.

Termination of an agreement

Features of the termination of TD are specified in Art. 312.5 of the Labor Code of the Russian Federation.

The grounds for its termination must be specified in the contract. The grounds may be the same as for office workers. For example, termination by agreement of the parties or at the initiative of the employee (Articles 77, 78, 80, 81, 83, 84 of the Labor Code of the Russian Federation).

You can also give specific grounds that will be characteristic of a particular remote work. This may be due to the amount of marriage or violation of the deadlines for submitting reports on the work performed. By specifying all this in the contract, the employer will be able to protect himself from unscrupulous employees.

After the issuance of the dismissal order, it is sent to the employee on the day of dismissal via electronic communication channels, and its paper copy is sent by registered mail. The employee has the right to request copies of all documents related to his work activity (Article 62 of the Labor Code of the Russian Federation).

Results

Despite concerns, more and more modern employers are beginning to resort to the services of remote workers. This is largely due to the desire of the enterprise to save on the costs of organizing the employee’s workplace, compensation for travel to and from work, etc. Also, do not forget that remote employees are usually paid less than their office colleagues, and this is savings on payroll and insurance premiums. Most importantly, taking an employee on remote work, draw up an employment contract with him correctly.

Today, many businessmen have realized that maintaining a remote employee is much cheaper than an office employee. No need to rent a room, equip a workplace. In addition, when the pool of candidates is not limited to your city alone, you can hire a really high-class specialist and vary significantly with the amount of payment. Do you know how to formally hire a remote worker and formalize your relationship with them?

So, according to the current legislation, a remote worker can be registered in two ways:

1). By concluding an employment contract(and then all relations between them are regulated by the norms of the Labor Code of the Russian Federation)

2). By concluding a civil law contract(then the relationship will be regulated by the provisions of the work contract, or the contract for the provision of services, or the contract for the performance of work, etc.).

The general recommendation is this. If you need an official employee for a large-scale but one-time project (for example, creating a website), then it will be more convenient to conclude a civil law contract. The subject of such an agreement should be a specific result. At the end of cooperation, an act of work performed (or services rendered) is drawn up. The act confirms that the work has been handed over by the contractor, accepted by the customer, and it is he who is the basis for payment for the work performed on the terms of the concluded contract.

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For the purpose of long-term cooperation, to perform ongoing ongoing tasks, it is more convenient to register a remote worker in accordance with the requirements of the Labor Code of the Russian Federation. Just last year, a new chapter 49.1 was introduced into the Labor Code of the Russian Federation, regulating the work of remote employees. The law called them "remote workers". The basis of the relationship between the employer and the remote worker is the exchange of electronic documents. Through the Internet is carried out:

Send the candidate a copy of the employment contract (already signed by you), by e-mail, or using other electronic document management options and receive a signed and scanned copy from the candidate. From the moment you receive an electronic document with two signatures, the employment relationship is considered formalized.

Within three calendar days from the date of receipt of the signed agreement, you must send to the employee a completed copy of the employment contract on paper registered mail with acknowledgment of receipt.

Familiarize the employee with the internal documents of your organization by sending them in electronic form and obtaining mandatory confirmation from the employee about familiarization with them.

Solve with the employee the issue of entering information about remote work in his work book. Entry in the employee's work book made at the request of the employee. If the remote employee insists, then the work book is sent to the employer by mail.

Lawyers advise remembering that many conditions for remote work are not spelled out directly in the Labor Code of the Russian Federation, but are submitted for agreement between the employee and the employer. Therefore, it is very important to draw up an employment contract correctly and as completely as possible. We recommend that you include the following conditions in your employment contract:

• The nature of the work is remote
• Procedure for using equipment for work (whether it is provided by the employer or the employee’s personal equipment is used)
• Various compensations to the employee (payment for communication, Internet traffic, etc.)
• Terms, size, payment procedure for work
• The procedure for granting leave to an employee
• Requirements for the use by the employee of certain software and hardware tools, special equipment, encryption tools, etc.
• The mode of working time (as a rule, the mode of work and rest is determined by the employee himself, but the parties have the right to provide for other conditions in the contract).