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Publication date: 19.05.2024
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Regarding the procedure for acquainting a local self-government official who works remotely with the orders of the head
The first part of Article 29 of the Code of Labor Laws (hereinafter referred to as the Labor Code) obliges the employer to inform the employee of:
1) place of work (information about the employer, including his location), the job function that the employee is required to perform (position and list of job duties), the date of the start of work performance;
2) designated workplace, provision of necessary means for work;
3) rights and obligations, working conditions;
4) the presence at the workplace of dangerous and harmful production factors that have not yet been eliminated, and the possible consequences of their impact on health, as well as the right to benefits and compensation for work in such conditions in accordance with the legislation and the collective agreement - for signature;
5) the rules of the internal work schedule or the conditions for establishing the work regime, the duration of working hours and rest, as well as the provisions of the collective agreement (in case of its conclusion);
6) training in labor protection, industrial sanitation, occupational hygiene and fire protection;
7) organization of professional training of employees (if such training is provided);
8) duration of annual leave, terms and amount of remuneration;
9) the procedure and terms of notice of termination of the employment contract established by this Code, which must be observed by the employee and the employer.In accordance with the second part of the same article of the Labor Code, when concluding an employment contract on remote work, the employer ensures the fulfillment of clauses 1, 3, 5, 7–9 of the first part and, if necessary, provides the employee with the equipment and tools necessary for the performance of work, as well as recommendations on work with them. Informing can be carried out in the form of remote instruction or by conducting training in safe methods of working on a specific technical tool. The employment contract may include additional conditions regarding labor safety upon agreement of the parties.
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As defined in the third part of Article 29 of the Labor Code, familiarization of employees with orders (orders), notices, other documents of the employer regarding their rights and obligations is allowed using the means of electronic communication networks specified in the employment contract with the imposition of an improved electronic signature or a qualified electronic signature. The employment contract, with the agreement of the parties, may provide for alternative ways of familiarizing the employee, in addition to the information specified in clause 4 of the first part of this article (the presence at the workplace of dangerous and harmful production factors that have not yet been eliminated, and the possible consequences of their impact on health, and also about the right to benefits and compensation for work in such conditions in accordance with the legislation and the collective agreement - for signature), which is brought to the attention of employees in the manner established by this article.Webinar "Remote work under martial law" - available in the recording
In addition, according to the second part of Article 7 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law" (hereinafter - Law No. 2136), during the period of martial law, the parties to the employment contract may agree on alternative methods creation, forwarding and storage of orders (orders) of the employer, messages and other documents on issues of labor relations and on any other available method of electronic communication, which is chosen by agreement between the employer and the employee.
The legislation does not specify how such an agreement should be recorded. However, the Ministry of Economy in its commentary dated August 1, 2022 to the Law of Ukraine dated July 1, 2022 No. 2352-IX "On Amendments to Certain Legislative Acts of Ukraine Regarding the Optimization of Labor Relations", which amended Law No. 2136, notes: "... in order to avoid misunderstandings and contradictions in the future, we recommend that the parties, before starting to use alternative methods of communication, record the fact of agreement on the use of appropriate means of electronic communication in labor relations."
Therefore, it will be appropriate to record such an agreement on the choice of an accessible method of electronic communication between the employer and the employee (specified e-mail addresses, specified mobile phone numbers in the messengers chosen by the parties) by issuing the appropriate order (order) of the manager.
