Regarding the procedure for registering the transfer of employees to work remotely (remote work)
From January 1, 2021, a new article 312.9 was introduced into the Labor Code of the Russian Federation, which regulates the transfer of an employee to work remotely (remote work) on the initiative of the employer in exceptional cases. In accordance with the provisions of this article, the employee has the right to be temporarily transferred to work remotely for the period of the presence of these circumstances:
• Natural or man-made disaster,
• Industrial failure,
• Industrial accident,
• Other exceptional cases that endanger the life or normal living conditions of the population.
At the same time, the employer, taking into account the opinions of the elected body of the primary trade union organization, must adopt a local regulatory act on the temporary transfer of employees to work remotely, this act must contain the following information:
• Indication of the circumstance (the case that served as the basis for the employer's decision to temporarily transfer employees to work remotely);
• List of employees temporarily transferred to working remotely;
• The period for which employees are temporarily transferred to working remotely (but not more than for the period of the presence of a circumstance (case));
• The procedure for providing employees temporarily transferred to working remotely, at the expense of the employer, with the necessary equipment and other means for performing their work functions remotely;
• Procedure for payment of compensation for employees working remotely for the use of equipment owned by them or leased by them and other means;
• Procedure for reimbursing employees working remotely for other expenses related to the performance of their employment functions;
• The procedure for organizing the work of employees temporarily transferred to working remotely (including working hours);
• Procedure and deadlines for submitting reports on work performed by employees to the employer;
• Other provisions related to the organization of work of employees temporarily transferred to working remotely.
In this regard, the Ministry of Labor of the Russian Federation informs that with the adoption of this law, it is advisable to analyze previously adopted rules, make changes to them, if necessary, and familiarize employees with them.