Publication date: 17.05.2024
active and purposeful military lawyer with more than 4 years of experience
The concept of remote work, its features
Law of Ukraine dated February 4, 2021 No. 1213-IX "On Amendments to Certain Legislative Acts of Ukraine on Improving the Legal Regulation of Remote, Homework and Work Using Flexible Working Hours" divided remote and homework into two different ways of organizing work, when the work is performed by the employee outside the workplace or production premises or the territory of the employer, but the difference is that:
• the teleworker himself chooses the workplace, creates safe and harmless working conditions himself and uses information and communication technologies;
• a home worker performs work at his place of residence or in another fixed premises and uses technical means to produce products or provide services, while responsibility for proper and safe working conditions rests with the employer.
A remote work contract is a written contract between an employee and an employer, under the terms of which the employee undertakes to perform certain work outside the employer's premises (at his place of residence or in another place of his choice), and the employer undertakes to pay the employee a salary and provide working conditions (information and communication technologies) necessary for the performance of work.
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Peculiarities of remote work
1. The employee independently chooses his own workplace and is personally responsible for ensuring safe and harmless working conditions.
2.The employee allocates working time at his discretion, the rules of internal labor regulations do not apply to him, unless otherwise stipulated in the employment contract.
3. Upon agreement between the employee and the employer, remote work can be combined with work at workplaces, if this is specified in the employment contract.
4. The employer must provide the employee with equipment, software and technical means, information protection means or pay monetary compensation, which should be specified in the contract.
5. The employer is obliged to systematically conduct briefings (training) of employees on occupational safety and fire protection issues. They can be conducted remotely using modern information and communication technologies, in particular through video communication.
6. Disconnection period - a guaranteed period of free time for the employee to rest, during which the employee can interrupt any information and telecommunication communication with the employer.
7. An employee may be transferred to remote work for a period of up to 2 months, if actions containing signs of discrimination, sexual harassment or other forms of violence were committed, but on the condition that work functions can be performed remotely.
8. If possible, the following can work remotely: pregnant women, employees who have a child under the age of 3 or take care of a child in accordance with a medical opinion until the child reaches the age of 6, employees who have two or more children under the age of 15 years old or a child with a disability, parents of a person with a disability since childhood of subgroup A of group I.
