Remote Performance of a Labor Function by an Employee: Problems of Theory and Law Enforcement

Abstract

Periodic bursts of deterioration of the sanitary and epidemiological situation in certain regions and in Russia as a whole make remote performance of a labor function by an employee relevant and in demand. The remote format of work increases economic profitability of the employer’s activities. Transition to remote work is not a formal change of the place of performance of the labor function, it involves a significant organizational and local regulatory restructuring.Mandatory and optional transfer to a remote form of work involves the inclusion of certain terms in the employment contract, as well as in additional agreements to the employment contract. The classical rules of interaction between an employee and an employer are not applicable for the remote exercise of the labor function. Prior to the conclusion of employment contracts with remote employees of the employer organization, it is recommended that local regulations be developed and published for all the employees to read them. It is important to note that the employee must acknowledge by signing that he has read each local regulatory act.The work of a remote employee means certain specifics of his interaction with the employer, including the use of electronic document circulation system and electronic digital signature.Traditional approaches to determining the working time and rest time of a remote worker are also inapplicable. Such an employee independently and under his own responsibility chooses the mode of work depending on the tasks periodically given by the employer. It is impossible to apply the classical grounds to terminate an employment contract concluded with a remote employee, since it seems necessary to take into account the specifics of the remote labor function.In the doctrine and law enforcement practice, there is no uniform approach to solving problems related to the remote exercise of a labor function, the interaction between a remote employee and an employer. Based on the analysis of current provisions of labor and information legislation, judicial and business practice, conclusions and recommendations are made in the article regarding the solution of problems related to the conclusion and termination of an employment contract with a remote employee, as well as regarding the documents supporting the contract.