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Legal Regulation of the Work of Remote Employees: Rights and Responsibilities

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 30.05.2024

Legal Regulation of the Work of Remote Employees: Rights and Responsibilities

 

Introduction

With the proliferation of technology and changes in the work environment, more and more companies are allowing their employees to work remotely. This necessitates clear legislative regulation of the rights and obligations of both employers and employees working remotely.

 

Key Legislative Acts

 

Labor Code of Ukraine

The Labor Code of Ukraine defines the basic rights and obligations of employees and employers, including provisions related to remote work.

  • Article 60-1: Defines the peculiarities of an employment contract for remote (home) work, including the rights and obligations of the parties.
  • Article 60-2: Regulates working hours and rest for employees who perform remote work.

 

The Law of Ukraine "On Personal Data Protection"

This law regulates the processing of personal data of employees, including remote workers:

  • Article 5: Sets out the principles of personal data processing, including lawfulness, transparency and integrity.
  • Article 11: Defines the rights of personal data subjects to access and protect their data.

 

The Law of Ukraine "On Electronic Trust Services"

This law regulates the use of electronic signatures and other trust services that are important for remote work:

  • Article 5: Defines the types of electronic trust services.
  • Article 8: Establishes requirements for electronic trust service providers.

 

Rights of Remote Employees

 

The right to an Employment Agreement

Remote employees have the right to conclude an employment contract, which should clearly define the working conditions, including working hours, remuneration and other important aspects. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

The right to privacy

The employer is obliged to ensure the confidentiality of employees' personal data. Remote employees have the right to protection of their private information in accordance with the Law on Personal Data Protection.

 

The right to rest

Remote employees have the right to rest and to observe working hours. The employer must ensure that remote work does not lead to excessive workload and exhaustion of employees.

 

Right to Technical Support

The employer must provide remote employees with the necessary technical means to perform their duties, as well as provide technical support if necessary.

 

Responsibilities of Remote Employees

 

Performance of Work Duties

Remote employees are obliged to perform their work duties in good faith in accordance with the terms of their employment contract. This includes adherence to the established schedule and completion of tasks within the specified time frame.

 

Compliance with the Security Policy

Employees must comply with the company's security policy, including measures to protect confidential information and the use of corporate resources.

 

Notification of Changes

Remote employees are required to inform the employer of any changes that may affect their ability to perform their work (for example, a change of residence or technical problems).

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