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Publication date: 17.05.2024
active and purposeful military lawyer with more than 4 years of experience
Remote work is one of the possible formats of building labor relations in wartime conditions.
This is a form of work organization in which the employee performs work outside the employer's premises or territory, in any place of his choice and using information and communication technologies.
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Technical possibilities of performing remote work
The conditions for the introduction of remote work are:
1) the specifics of the work performed by the employee provide for the possibility of doing it remotely, with the help of information and communication technologies;
2) expressions of will of the employee and the employer are aimed at the introduction of remote work;
3) the employee or employer has the technical capabilities to introduce remote work.
That is, the employer must offer the employee such conditions that provide access to the employer's resources, which are necessary for the performance of the labor function. In those cases when the employer cannot establish the proper conditions for performing the work remotely or does not have the technical ability to perform it, then such work cannot be offered to the employee.
The offer to use remote work can come from both the employee and the employer
In the conditions of martial law, the introduction of remote work can also be carried out by order of the employer without two months' notice, as provided for in Article 32 of the Labor Code of Ukraine (hereinafter - Labor Code).The only condition is the notification of the employee about such an order before the introduction of remote work.
The legislation does not prohibit remote work abroad. Therefore, accordingly, in the case when the employee, in connection with the danger to life and health during the martial law, has left the country and has the technical possibility to perform labor functions remotely using information and communication technologies, he is paid a salary in accordance with the conditions established in the employment contract, for the work actually performed (worked time).
Working hours and wages
The total duration of working hours may not exceed the norms provided for in Articles 50 and 51 of the Labor Code, and the employee who performs remote work is guaranteed a period of free time for rest (disconnection period), during which the employee can interrupt any information and telecommunications communication with the owner or a body authorized by him, and this is not considered a violation of the terms of the labor contract or labor discipline. The period of free time for rest is defined in the labor contract on remote work.
The timesheet shows the time actually worked by the employee. The salary is charged to the employee on the terms specified in the employment contract. We emphasize that the transfer to remote work does not change the terms of payment of the employee.
