The employer has the right to transfer remote workers to work in the office.
You can exchange documents with a remote worker as follows: electronic form using a qualified electronic signature, and traditional way– handing over documents in person or sending them by mail
What is the document for?
To transfer an employee from normal working conditions to remote work, you must receive an application from him. Based on it, the employer will prepare an additional agreement to the employment contract.
In what form is it compiled?
Position, full name employee, request for transfer, the reason why he needed such a transfer and the desired date, the period during which the employee wants to work remotely, his signature and date.
Sometimes personnel officers forget that the employee’s application must contain a resolution from the head of the organization or his authorized person. An application without a resolution is considered unconsidered (clause 3.17 of GOST R 6.30-2003).
Additional agreement to the employment contract
Indicate in the additional agreement the employee’s working hours, based on the needs of the organization (Article 57 of the Labor Code of the Russian Federation). A remote worker has the right to distribute working hours and rest time at your own discretion, unless otherwise provided by the employment contract (part one of Article 312.4 of the Labor Code of the Russian Federation)
What is the document for?
When an employee is transferred to remote work, his working conditions change, in particular, the place of work, working hours, etc. This means that it will be necessary to make changes to the employment contract by drawing up an additional agreement (Article 72 of the Labor Code of the Russian Federation).
In what form is it compiled?
In any written form in two copies.
What must be in the document
Name of the document, date and place of its preparation, details employment contract, to which the company and the employee make changes, clauses of the agreement that will be changed, or the text of the new edition, the date on which the agreement will come into force, details of the parties.
Common mistake
Many employers, when transferring to remote work, enter into a new employment contract with an employee, having previously dismissed him. In fact, it is enough to conclude an additional agreement and issue an order.
Order on transfer to remote work
Register transfer orders in the Personnel Orders Register. If necessary, they will be easier to find
What is the document for?
Based on an additional agreement to the employment contract, the manager must issue an order (instruction) on the transfer to remote work.
In what form is it compiled?
In any written form.
What must be in the document
Name of employer, number and date of compilation, full name. transferred employee, date of transfer, signatures and transcript of signatures of the head of the organization (or other authorized person) and the employee.
Attention!
The employer is obliged to ensure the safety of remote workers: familiarize them with labor protection requirements, investigate and take into account accidents, pay contributions for mandatory social insurance from accidents (Article 312.3 of the Labor Code of the Russian Federation)
Common mistake
Some employers believe that information about transfer to remote work must be included in the work book. There is no need to do this.
Personal card
What is the document for?
After the order is issued, information about the transfer to remote work must be recorded in the employee’s personal card in the “Additional information” section.
In what form is it compiled?
According to the unified form No. T-2 or another sample approved by the organization.
What must be in the document
Information about the transfer, its date, details of the order and additional agreement to the employment contract on the basis of which the order was issued.
The time sheet confirms the employee’s presence at work, and wages are calculated on its basis.
In what form is it compiled?
By unified form No. T-12 or T-13 or another sample approved by the organization. On remote workers is conducted according to general rules.
What must be in the document
Last names, initials, positions of employees, their personnel numbers, marks of attendance and absence from work, number of days and hours worked.
Common mistake
Many managers believe that all company employees cannot work remotely. This is wrong. The Labor Code does not limit the number of employees working under such conditions (Article 312.1 of the Labor Code of the Russian Federation).
Question Tatyana, please tell me how to transfer an employee to remote work? Answer Answer to the question: The changes discussed in the question are not translations. According to Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job - permanent or temporary change labor function the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. You have no such changes. This is a change in the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation). A change in the terms of the employment contract regarding the registration of remote work can be formalized by agreement of the parties to the employment contract or in accordance with Art.
Additional agreement on transfer to remote work
Labor Code of the Russian Federation (changes in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions), if there are appropriate grounds. Making changes to an employment contract without the consent of the employee will be legal if there is a basis for this - an actual change in organizational or technological working conditions, and the procedure for making changes to the employment contract is followed. Let us briefly recall the procedure for changing the terms of an employment contract without the consent of the employee: 1) make sure that there is an actual change in organizational or technological working conditions and document them, for example, issue orders on changes in the company, on changes in working conditions, on changes staffing table(p.
We transfer office employees to remote work
There is no reason to indicate the Internet as a place of work, since it is a means of performing a job function, and not a place of work. In this case, the employment contract with the remote worker will only need to reflect the place where it was concluded. The location of the employer can also be specified as a place.
If at the same time you change too many terms of the employment contract, then an additional agreement can simply state the employment contract in a new edition: Additional agreement to the employment contract. New edition of the employment contract And for the new edition, you can take as a basis the draft contract with a remote worker developed by the System: Employment contract with a remote worker Details in the materials of the Personnel System: 1.
How is a transfer to remote work processed?
You can familiarize the employee with it by exchanging electronic documents with electronic signatures between the employer and the remote employee (Part 5 of Article 312.1 of the Labor Code of the Russian Federation). Work book How to register a work book for a remote employee It is not necessary to maintain a work book for a remote employee, including if the employee is getting a job for the first time. Write down the agreement on refusal to register and fill out the book in the terms of the employment contract in order to avoid controversial situations in the future.
At the same time, the presence of such a condition in the contract does not deprive the employee of the opportunity to subsequently contact the employer and ask to make an entry about remote work in his work book.
Sample order for transfer to remote work
Interaction between the Employee and the Employer is carried out by exchanging electronic documents using an enhanced qualified electronic signature via the Internet.” 7. We prescribe changes to the provision of equipment (if necessary) If the employer issues equipment to the employee (for example, a laptop, phone, car, programs, information security tools, etc.), then the procedure for use and the terms of provision of property and software must also be reflected in the labor contract. agreement (Article 312.3 of the Labor Code of the Russian Federation). In this case, you can refer to the company’s local regulatory act if the procedure for providing property for remote workers does not differ from other employees. If there are differences, then it is better to include it in the employment contract of the remote employee (example 7).
Example 7. “3.4.
Additional agreement on remote work to the employment contract
For more information on the similarities and differences between teleworking and home working, see the table. Regulatory regulation What documents regulate the work of remote employees? Remote employees are subject to general norms labor legislation. At the same time, labor relations with such employees also have their own characteristics, which are regulated by:
- Chapter 49.1 Labor Code RF;
- By Law of April 6, 2011
No. 63-FZ regarding regulation of the procedure for obtaining an electronic signature and exchanging electronic documents between an employee and an employer.
Hiring How documents are submitted and processed when hiring a remote employee The remote employee submits the required package of documents for employment in electronic form.
Sample order for remote work
In fact, it is enough to conclude an additional agreement and issue an order. Order on transfer to remote work What is the document for? Based on an additional agreement to the employment contract, the manager must issue an order (instruction) on transfer to remote work. In what form is it compiled? In any written form.
Attention
What must be in the document Name of the employer, number and date of preparation, Full name. transferred employee, date of transfer, signatures and transcript of signatures of the head of the organization (or other authorized person) and the employee. A common mistake Some employers believe that information about the transfer to remote work must be included in the work book.
There is no need to do this.
We transfer workers to remote work (Zhizherina Yu.)
Moreover, the employee can be immediately hired for such a job, or he can be transferred to it after receiving the appropriate application from the employee. However, in any case, it will be necessary to reflect the fact of such work in the employment contract (if the employee is immediately hired for such work) or in an additional agreement to it (if a transfer occurs). The conclusion of an agreement on remote work can be carried out by electronic correspondence, but it must be immediately followed by the exchange of paper copies of the agreement (additional agreement) via regular mail.
But the procedure for familiarizing an employee with an order for admission (transfer) to remote work is sufficient to complete through electronic exchange of documents (Article 68, 312.2 of the Labor Code of the Russian Federation). By agreement between the employee and the employer, it is permissible not to include information about the period of remote work in the work book.
Additional agreement on transfer to remote work sample
IN recent years Remote work collaboration is becoming more and more common. It can be convenient for the manager and employee. But there are also some nuances here. In this article we will tell you how to transfer an employee to remote work in accordance with the Labor Code of the Russian Federation.
Transferring an employee to remote work
If previously the manager and employee collaborated according to their own rules and had no responsibility before the law, then since 2016, the features of regulation of this type of activity are described in Chapter. 49.1 Labor Code of the Russian Federation. In accordance with Art. 312.1 of the Labor Code of the Russian Federation, employees who work remotely are officially considered to be persons who have entered into an employment contract with their employer. In this case, employment will be formalized according to the law. This is beneficial both to the employee himself and to his employer, because Both parties bear responsibility, and they must fulfill their duty efficiently not only to each other, but also to the law of the Russian Federation.
If an employee worked in an organization, but for some reason the employer decided to transfer him to online mode, then mandatory the employment contract should be re-signed in accordance with Art. 312.2 Labor Code of the Russian Federation.
Transfer to remote work can be carried out on the basis of an employment contract online, exchanging electronic documents.
The document should include all the duties that the employee must perform, as well as list all the rights and indicate the level of responsibility not only of the remote employee, but also of the manager. In addition, it is advisable to conclude an additional agreement to the previously drawn up TD, which will spell out new terms of cooperation. This must be done after the employer issues the appropriate order, which specifies the grounds for changing the terms of cooperation.
When drawing up a new TD or changing the terms of an old agreement, you should take into account the provisions of Chapter. 12 Labor Code of the Russian Federation. Thus, the Labor Code of the Russian Federation gives the remote worker the full right to make changes to the agreement that was established in the employment contract and to prescribe specific grounds; more details - in Art. 72 Labor Code of the Russian Federation.
We act according to the rules
Algorithm for transferring an employee to online mode:
- The employee writes a free-form application addressed to the manager, in which he must indicate the reason for his transfer to remote performance of duties.
- If the employer is not against this type of cooperation, then the HR department draws up an additional agreement on transferring the employee to remote work.
- The employee agrees on new terms of cooperation, establishing means of communication, control and reporting, and signs the agreement.
- The employer issues an order to transfer the employee to remote work.
- A corresponding entry is made in the employee’s personal card.
- The HR officer records the standard working hours that the employee is required to work under the contract.
- IN work book A record is made of the employee’s transfer to remote work.
A sample additional agreement can be downloaded.
Mandatory terms of transfer
Naturally, a remote employee is obliged to perform his job duties at a designated place, which will be determined by the employee himself and specified in the additional agreement. Location of execution functional responsibilities may be changed by the employee, but only if the employer or immediate supervisor is informed.
The agreement, which was drawn up on the basis of an employee’s application indicating the basis for his transfer to remote work, must be located together with the TD and enter into legal force immediately after the document is signed by both parties (Article 61 of the Labor Code of the Russian Federation).
Each party has the right to make changes to the TD after a written agreement of the other party. To do this, you do not need to conclude a new agreement; it is enough to make changes to the old one and endorse the addition with everyone’s signatures.
The Kemerovo Regional Court came to this conclusion after considering a dispute about the legality of dismissing an employee for refusing to continue working due to a change in the terms of the employment contract (appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court dated May 18, 2017 in case No. 33-4529 /2017).
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The essence of the case was that an employment contract on remote work was concluded between the employee and the employer. Then the employer decided to unilaterally abandon the remote nature of work and reschedule workplace employee to the office at the location of the organization. These changes were justified by optimizing the load on structural units and officials enterprises. The employer also pointed out the need to organize operational interaction between structural divisions and employees. The employee was notified in advance about the upcoming changes in working conditions, but did not agree to continue working, which served as the basis for dismissal.
The employee believed that the employer did not have the right to unilaterally change the terms of his employment contract. In his opinion, the remote workplace has in fact been reduced.
But the court did not agree with the employee’s position and came to the conclusion that the employer’s actions were aimed at structural reorganization of production. And the specified basis gives the employer the right, on his own initiative, to change the terms of the employment contract (including conditions regarding the remote nature of work) ().