Publication date: 14.05.2024
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Remote and home work: what is the difference and how to properly register an employee?
In order to continue business during the pandemic, employers are transferring employees to remote forms of work: remote or home. Find out how these forms differ from each other and how to correctly issue a remote worker.
How does remote work differ from home work?
Since February 27, 2021, two independent forms of work organization have been introduced in Ukraine: remote and home.
Remote workers work from anywhere of their choosing. At the same time, they must be in contact with the employer using information and communication technologies.
A home worker works at the place of residence or in other places designated by him outside the employer's premises. Such work is characterized by a fixed work area or technical means, such as tools, equipment for the production of products, provision of services or other work. A home worker is "tied" to the address specified in the employment contract and can change it only with the permission of the employer.
The mode of operation is another difference. A home worker usually adheres to the general operating regime of the enterprise. Whereas the rules of the internal labor regulations do not apply to remote work. He/she distributes working hours at his/her own discretion - he/she can work at least early in the morning, at least late at night.
For both forms of remote work, the norms of the duration of working hours apply:
• normal duration — up to 40 hours per week;
• reduced (for certain categories of employees) — up to 24 or 36 hours per week.A remote employee is guaranteed a period of free time for rest and food — a period of disconnection. At this time, the employee may not answer the employer's messages or phone calls.
The remote worker is independently responsible for maintaining safe and harmless working conditions at the workplace. However, you must provide instruction (remote or face-to-face) in the safe use of equipment and facilities recommended or provided by you.
What work can be done remotely?
The legislation does not define the list of works that can be performed remotely. The employer independently decides whether the work can be performed outside the enterprise.
For example, if it is the sale of goods in a store or production at a factory, employees can work exclusively on the territory of the enterprise.
However, if it is administrative work that can be done outside the employer's premises, you can transfer the employee to a remote location.
In addition, if possible and resources are available, the law allows the following to be transferred to remote work:
• pregnant women;
• employees who have a child under the age of three or take care of a child under the age of six (for medical reasons);
• employees who have two or more children under the age of 15 or a child with a disability;
• parents or guardians of a child or a person with a disability since childhood of subgroup A I group;
• employees who were subjected to discriminatory actions at the workplace — temporarily for two months.
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How to register a remote worker?
Newly hired employees can work remotely after concluding a remote work contract in writing.
If you introduce a temporary remote mode of work for employees who are already working, for example during an epidemic/pandemic, the law allows you to do this by means of an order (ordinance).
Also, this exception applies to the time:
• self-isolation of the employee in cases established by law;
• threats of armed aggression;
• an emergency situation of man-made, natural or other nature.
You must familiarize the employee with the order within two days from the day of approval, but before the introduction of remote work.
Remember! It is possible to transfer an employee to remote work only with his consent. A transfer at your initiative will be considered a change in essential working conditions, and employees must be notified of this two months in advance.You must define in the contract:
• name of work, profession or position of the employee;
• labor functions;
• terms of validity of the contract;
• terms of payment;
• duration of working hours and rest;
• the order and terms of providing equipment, software and other means and/or the amount, order and terms of payment of compensation to employees for the use of equipment owned by them or leased by them and other expense reimbursements;
• procedure and deadlines for submitting reports on work performed;
• methods of communication between the employee and the employer, etc.
How to pay for remote work?
If you have not agreed otherwise with the employee, remote work involves payment of labor in full at least twice a month.
Who sets up a "home office" for remote work?
The employer must provide the teleworker with equipment and means to perform professional duties. They must be safe and in good condition. You also organize the installation and maintenance of the facilities and pay the expenses. The employee is financially responsible for their lack or damage.
If a subordinate uses his own means for the needs of the enterprise, it is worth agreeing with him on the amount and procedure for reimbursement of their wear and tear (depreciation), costs of use (electricity, Internet, replacement of consumables).
Are the rights of a teleworker different from those who work on the employer's premises?
No, remote workers have the same labor rights, taking into account the specifics of remote work specified in the employment contract.Like other employees, they can go on annual leave, take sick leave, etc.
How to formalize the return of teleworkers to the employer's premises?
If you have implemented remote work by order during the quarantine period, once it ends (or sooner if necessary), employees can resume normal work.
For this, employees must write a statement, and you must issue an order (order) to stop remote work and restore normal work mode, noting:
• the reason for changing the work regime: end of quarantine, cancellation of restrictive measures, resumption of transport, etc.;
• date of termination of remote work;
• date of departure of employees to work;
• a list of employees indicating their positions;
• the procedure for familiarizing employees with the order and changing the work regime.
Employees who decide to continue to work remotely must write a statement about it. Based on it, you issue an order (order) and familiarize the employees with it.
