Legal aspects of remote and home work

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 15.01.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

It is quite common to encounter cases when there is a need to organize labor relations outside the enterprise, which is determined by the needs of the employee or the employer, or the situation in the country.

• Current labor legislation provides for several forms of work organization that would meet these characteristics: home and remote work.
• Home work is a type of labor relations organization under which the employee will perform his labor function at his place of residence, or in another specifically defined place where all the necessary resources (equipment, devices, tools) are available, which will allow him to provide services, perform work according to with the terms of the labor, collective agreement.
• As for remote work, this format of work organization involves the employee performing his duties in any place outside the premises or the owner's territory using communication technologies.

Features of homework:

• As already mentioned, a characteristic feature of home work is a clearly established place from which the employee will perform his duties.
• Along with this, in order for the employee to have such an opportunity, the employer must provide the employee with everything necessary for productive work.
• Changing the place of work is carried out only with the agreement of the employer.
• As for the regime that the employee will be guided by in the performance of his work duties, the norms of labor legislation and acts of local rulemaking apply to employees working at home, and therefore they must adhere to those regimes established at the enterprise.

Along with this, it is worth remembering that the weekly duration of working hours should not exceed 40 hours.

• Women who have children under the age of 15, persons with disabilities and pensioners, workers working in seasonal jobs, persons studying in educational institutions and full-time and other categories of persons have the preferential right to conclude labor contracts specifically for home work.
• Control over the fulfillment of the duties assigned to the employee, provision of work and its further accounting is carried out by the employer.
• It should be noted. In the case of employment of an employee under the home-based form of labor organization, the employment contract must be concluded in writing.
• According to Art. 60-1 of the Labor Code, if there is a threat of armed aggression, the employer can transfer employees to home work by issuing a corresponding order.
• The employee must be informed of the order within 2 days.

Legal aspects of remote work:

• The main difference between remote work and home work is the absence of a clearly fixed workplace, and therefore the employee has the opportunity to independently determine where he will perform his work duties.
• Along with this, the employee himself will be responsible for ensuring harmless and safe working conditions at the place he has chosen.
• Changing the workplace does not require the employer's permission.
• The so-called mixed form of work organization is also allowed, in which the employee will combine remote work and work in the premises or on the employer's territory.
• With remote work, the employee will not be subject to the rules of the internal work schedule, and the working time will be distributed by him independently, that is, there is an opportunity to organize work based on his own capabilities and needs.

There must also be a time for rest during which employees will interrupt communication with the employer.

• As for the length of time for rest, this feature should be defined in detail in the employment contract.
• You can work remotely both permanently and temporarily.
• An employment contract on remote work should be concluded exclusively in writing, including conditions that would comprehensively regulate the nature of work, remuneration, profession, position of the employee, etc.
• If During the period of armed aggression, as in the case of home work, the employer has the opportunity to transfer his employees to remote work by issuing a corresponding order, which the employee must be familiar with.

Legal assistance in labor disputes:

• If the employee's rights and interests were violated, he has the opportunity to resolve the dispute both in a pre-trial manner and by applying to the court.
• In any case, a labor law lawyer will help prepare the necessary documents, collect evidence and properly represent the interests of his client.
• Labor law lawyer consultation will provide the employee with a full range of possible ways to resolve the conflict with detailed legal justification.
• Therefore, the services of a labor lawyer is an irreplaceable instrument for increasing the probability of successful settlement of disputes between the participants of the labor relationship and saving their time and money at the same time.