Publication date: 21.05.2024
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A case for personnel. The circle of persons for whom homework can be introduced
According to Clause 9 of Regulation No. 275/17-99 (Resolution of September 29, 1981 No. 275/17-99), the organization of labor processes in home conditions is allowed only for persons who have appropriate housing and household conditions, as well as practical skills or can be trained in these skills to perform certain jobs. This norm stipulates that the inspection of living conditions is carried out by representatives of the employer with the participation of a trade union body, and in appropriate cases by representatives of sanitary and fire supervision.
However, part ten of Article 601 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code) stipulates that home work can be introduced exclusively for persons who have practical skills to perform certain jobs or can be trained in such skills. That is, the presence of appropriate living conditions and the need to examine such conditions are not provided for by this norm, which has priority over clause 9 of Regulation No. 275/17-99.
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Part eleven of Article 601 of the Labor Code defines norms regarding home work for certain categories of employees.
Can work on the conditions of home work:
• 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 2 or more children under the age of 15 or a child with a disability;
• parents of a person with a disability since childhood of subgroup A of group I;
• persons who have taken into custody a child or a person with a disability since childhood of subgroup A of group I.If possible, given the work being performed, the business owner has the appropriate resources and means for this.
Wages of domestic workers
The performance of homework does not entail changes in rationing, wages and does not affect the scope of labor rights of employees.
Chapter IV of Regulation No. 275/17-99 states that employers, in agreement with trade union committees, may apply piecework or piecework wages to homeworkers.
Pay attention! In the case of a piecework payment system, remuneration is paid for the final result of a set of completed works. The final calculation for the work performed according to agreement is carried out after the employer accepts the entire scope of the task performed by the housekeeper.
Home workers are paid at unit rates for actually performed work or produced products that meet quality requirements. At the same time, for home workers, whose organizational and technical working conditions are close to those taken during the calculation of production standards for employees performing similar work in production conditions, the same standards as for the specified employees are established. In cases where home workers perform work in other organizational and technical conditions (other equipment, tools, etc.), the employer, in agreement with the trade union body and taking into account economic expediency, may set production standards for them, taking into account the specific conditions of their performance at home.
In order to encourage home workers, they can be paid remuneration in the order and on the conditions established by the enterprise. They can also be rewarded in accordance with the provisions on bonuses in force at the enterprise.The procedure and terms of providing homeworkers with raw materials, materials and semi-finished products, as well as making calculations for manufactured products, reimbursement of the cost of materials (if the products were made from own materials), export of finished products are established in the labor contract upon agreement of the parties or in the collective agreement.
