Do you have a home worker in your state or Features of home work?

Homeworker: the concept of home work

Recently, homeworkers have been in fairly wide demand, since they are more than beneficial for the employer and for the homeworker himself it is more than convenient.

Let's figure out who a homeworker is?

The procedure for carrying out the labor activities of homeworkers is regulated by Chapter 49 of the Labor Code of the Russian Federation.

In accordance with Art. 310 of the Labor Code of the Russian Federation homeworkers are persons who have entered into an employment contract to perform work at home using materials and using tools and mechanisms received from the employer or purchased at their own expense.

Today, the involvement of homeworkers is the most relevant, especially in the field of human intellectual activity. For example, translators, designers, accountants, programmers, etc.

It is necessary to mention the trend of development of homeworking occurs not only in Russia, but throughout the world as a whole. This method of activity is even regulated at the international level.

In particular, on June 20, 1996, at the General Conference of the International Labor Organization in Geneva, Convention No. 177 “On Wage Labor” was adopted.

According to Article 1 of this Convention, home work is the performance of work by a home worker:

• not at the employer’s location, this may be his place of residence or another location of the homeworker,
• for a certain reward,
• for the purpose of producing goods and services, according to the instructions of the employer.

The homeworker carries out his work at home, which can also involve members of his family. In this case, no legal relations arise with family members and the employer.

When using home work, the employer can organize conditions for the production of goods at the employee’s home. For example, provision of equipment, machinery, materials, etc.

If the employee uses his own equipment and purchases material at his own expense, then the employer is obliged to cover all the expenses of the homeworker, as well as compensate for the wear and tear of labor tools. As a rule, the procedure for compensation and payments is established by the employment contract.

Material consumption

The homeworker receives the materials (raw materials, semi-finished products) for the manufacture of products into account. He draws up a consumption report for the materials actually used. Reason – clause 98 of the Guidelines for accounting of inventories (approved by order of the Ministry of Finance of Russia dated December 28, 2001 No. 119n). The act indicates the name, quantity, accounting price and amount for each name of materials, number (code) and (or) name of the product (product) for the manufacture of which they were used, quantity and amount according to consumption standards, quantity and amount of consumption in excess of standards and their reasons; where necessary, the quantity of manufactured products is indicated.

The specific procedure for drawing up a materials consumption report is established by the accounting policy.

Based on the act, materials are written off from the homeworker’s account and their cost is assigned to production costs. In addition, along with finished products, the homeworker is obliged to hand over to the employer the waste generated during the production process.

Home working conditions

In order to conclude an employment contract with a homeworker, the employer must adhere to certain criteria for organizing work in terms of worker safety, as well as taking into account the employee’s health status.

The employee’s labor function must comply with the recommendations of a medical and social examination and the medical conclusion of a medical commission.

A homeworker has every right to refuse to perform work that is contraindicated for him due to health reasons. Thus, in order to determine contraindications for performing specific types of work, homeworkers must undergo periodic medical examinations.

The work assigned to disabled people must comply with the individual rehabilitation program for the disabled person.

The employer is obliged to provide safe working conditions in accordance with labor protection requirements, that is, the use of personal protective equipment for the employee, compliance with the work and rest regime, etc.

In addition, the employer is obliged to monitor the state of working conditions and workplaces, which means he has the right to visit the homeworker’s place of residence for the purpose of conducting checks on the correct use of protective equipment by employees, technological processes and other working conditions.

The home worker has no right to interfere with the inspection of his home, which is carried out in order to monitor compliance with fire safety requirements.

After concluding an employment contract, before starting work with a homeworker, it is mandatory to conduct initial training on labor protection. The employer is required to conduct such briefings at least once every six months.

The working conditions of homeworkers should establish such requirements for work that do not create inconvenience for living neighbors. That is, the work should not be with increased levels of noise, vibration, or pollution.

Labor Code of the Russian Federation Chapter 49.1. FEATURES OF REGULATING THE LABOR OF REMOTE WORKERS

Labor Code of the Russian Federation Article 312.1. General provisions

Remote (remote) work (hereinafter referred to as remote work, performing a labor function remotely) is the performance of a labor function determined by an employment contract outside the location of the employer, its branch, representative office, other separate structural unit (including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the employer, subject to the use of information and telecommunication networks, including the Internet, to perform this labor function and to carry out interaction between the employer and employee on issues related to its implementation, and public communication networks.

An employment contract or an additional agreement to an employment contract may provide for the employee to perform a labor function remotely on a permanent basis (during the term of the employment contract) or temporarily (continuously for a period not exceeding six months specified in the employment contract or additional agreement to the employment contract, or periodically subject to alternating periods of the employee performing a labor function remotely and periods of performing a labor function at a stationary workplace).

For the purposes of this chapter, a remote worker means an employee who has entered into an employment contract or an additional agreement to the employment contract specified in part two of this article, as well as an employee who performs a labor function remotely in accordance with a local regulatory act adopted by the employer in accordance with Article 312.9 of this article. Code (hereinafter also in this chapter - employee).

During the period when they perform their labor function remotely, remote workers are subject to labor legislation and other acts containing labor law norms, taking into account the specifics established by this chapter.

Labor Code of the Russian Federation Article 312.2. Peculiarities of concluding an employment contract and an additional agreement to the employment contract, providing for the employee to perform a labor function remotely

An employment contract and an additional agreement to the employment contract, providing for the employee to perform a labor function remotely, may be concluded by exchanging electronic documents between the employee (person applying for work) and the employer in the manner prescribed by part one of Article 312.3 of this Code.

Upon a written application from a remote worker, the employer, no later than three working days from the date of receipt of such an application, is obliged to send the remote worker a duly executed copy of the employment contract or an additional agreement to the employment contract on paper.

When concluding an employment contract by exchanging electronic documents, the documents provided for in Article 65 of this Code may be presented to the employer by the person applying for remote work in the form of electronic documents, unless otherwise provided by the legislation of the Russian Federation. At the request of the employer, this person is obliged to provide him with notarized copies of these documents on paper.

When concluding an employment contract by exchanging electronic documents by a person concluding an employment contract for the first time, this person receives a document confirming registration in the individual (personalized) accounting system, including in the form of an electronic document, independently.

Familiarization of a person applying for remote work with the documents provided for in part three of Article 68 of this Code can be carried out by exchanging electronic documents.

At the request of a remote worker, information about his work activity is entered by the employer into the work book of the remote worker, provided that it is provided by him, including by sending by registered mail with notification (except for cases where, in accordance with this Code, other federal law, the work book is not carried out on the employee).

Labor Code of the Russian Federation Article 312.3. Features of the interaction between a remote worker and an employer

When concluding electronically employment contracts, additional agreements to employment contracts, agreements on financial responsibility, student contracts for education without interruption or on the job, as well as when making changes to these agreements (additional agreements to employment contracts) and their termination by exchanging electronic documents, an enhanced qualified electronic signature of the employer and an enhanced qualified electronic signature or an enhanced unqualified electronic signature of the employee are used in accordance with the legislation of the Russian Federation on electronic signatures.

In other cases, interaction between a remote worker and an employer can be carried out by exchanging electronic documents using other types of electronic signature or in another form provided for by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment agreement agreement and allowing to ensure recording of the fact that the employee and (or) employer received documents in electronic form.

When interacting between a remote worker and an employer through the exchange of electronic documents, each of the parties carrying out the interaction is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period determined by the collective agreement, local regulations, adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract.

When carrying out interaction between a remote worker and an employer in another form (part two of this article), confirmation of the actions of the remote worker and the employer related to providing each other with information is carried out in the manner determined by the collective agreement, local regulations, adopted taking into account the opinion of the elected body of the primary trade union organization, employment contract, additional agreement to the employment contract.

With local regulations, orders (instructions) of the employer, notifications, requirements and other documents directly related to the work activity of a remote worker, in respect of which the labor legislation of the Russian Federation requires their execution on paper and (or) familiarization with them to the employee in writing, including against signature, the remote worker must be informed in writing, including against signature, or by exchanging electronic documents between the employer and the remote worker, or in another form provided for by the collective agreement, local regulations adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract.

In cases where, in accordance with this Code, an employee has the right or obligation to contact the employer with an application, provide the employer with explanations or other information, the remote worker does this in the form of an electronic document or in another form provided for by a collective agreement, a local regulatory act adopted taking into account opinions of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract.

When a remote worker submits an application for the issuance of duly certified copies of work-related documents (Article 62 of this Code), the employer, no later than three working days from the date of filing the said application, is obliged to send the remote worker these copies on paper (by registered mail with notification ) or in the form of an electronic document, if this is indicated in the employee’s application (in the order of interaction provided for in part nine of this article).

To provide compulsory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the remote worker sends to the employer original documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with notification or provides the employer with information about the series and number a certificate of incapacity for work generated by a medical organization in the form of an electronic document, if the specified medical organization and the employer are participants in the information interaction system for the exchange of information for the purpose of generating a certificate of incapacity for work in the form of an electronic document.

The procedure for interaction between the employer and the employee, including in connection with the performance of labor functions remotely, the transfer of work results and reports on work performed at the request of the employer, is established by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, additional agreement to the employment contract.

Labor Code of the Russian Federation Article 312.4. Peculiarities of working time and rest time for a remote worker

A collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract may determine the working hours of a remote worker, and in case of temporary remote work, the duration and (or) frequency of the employee’s work may also be determined. functions remotely.

Unless otherwise provided by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract, the working hours of a remote worker are established by such employee at his own discretion.

A collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, or an additional agreement to the employment contract may determine the conditions and procedure for the employer to call a remote worker performing remote work temporarily to perform his labor function at a stationary workplace. or such an employee goes to work on his own initiative (except for the cases provided for in Article 312.9 of this Code) to perform his labor function at a stationary workplace. The procedure for providing a remote worker performing remote work on a permanent basis in accordance with an employment contract or an additional agreement to an employment contract with annual paid leave and other types of leave is determined by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract in accordance with this Code and other acts containing labor law norms.

The provision of annual paid leave and other types of leave to a remote worker performing remote work temporarily is carried out in the manner prescribed by Chapter 19 of this Code. The time of interaction between a remote worker and the employer is included in working hours.

Labor Code of the Russian Federation Article 312.5. Additional guarantees for remuneration of remote workers

An employee’s performance of a labor function remotely cannot be grounds for reducing his wages.

Labor Code of the Russian Federation Article 312.6. Peculiarities of labor organization for remote workers

The employer provides the remote worker with the equipment, software and hardware, information security tools and other means necessary to perform his job functions.

A remote worker has the right, with the consent or knowledge of the employer and in his interests, to use equipment, software and hardware, information security tools and other means to perform his job functions. In this case, the employer pays the remote worker compensation for the use of equipment, software and hardware, information security tools and other means owned or leased by him, and also reimburses the costs associated with their use in the manner, terms and amounts determined by the collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, an additional agreement to the employment contract.

If the employer sends a remote worker to carry out an official assignment to another locality (territory) other than the locality (territory) where the work function is performed, the remote worker is subject to Articles 166 - 168 of this Code.

Labor Code of the Russian Federation Article 312.7. Features of labor protection for remote workers

In order to ensure safe working conditions and labor protection for remote workers during the period they perform their labor functions remotely, the employer performs the duties provided for in paragraphs seventeen, twenty and twenty-one of part two of Article 212 of this Code, and also familiarizes remote workers with labor protection requirements when working with equipment and facilities recommended or provided by the employer. Other obligations of the employer to ensure safe working conditions and labor protection established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation do not apply to remote workers during the period of their performance of their labor functions remotely, unless otherwise provided by a collective agreement, a local regulatory act adopted taking into account the opinion of the elected body of the primary trade union organization, an employment contract, or an additional agreement to the employment contract.

Labor Code of the Russian Federation Article 312.8. Additional grounds for terminating an employment contract with a remote worker

In addition to other grounds provided for by this Code, an employment contract with a remote worker may be terminated at the initiative of the employer if, during the period of performing the labor function remotely, the employee, without good reason, does not interact with the employer on issues related to the performance of the labor function for more than two working days. in a row from the date of receipt of the corresponding request from the employer (except if a longer period for interaction with the employer is not established by the procedure for interaction between the employer and employee, provided for in part nine of Article 312.3 of this Code).

An employment contract with an employee performing remote work on a permanent basis may be terminated if the employee changes the location of the work function, if this makes it impossible for the employee to fulfill the duties under the employment contract on the same terms.

If familiarization of a remote worker with the order (instruction) of the employer on the termination of an employment contract, providing for the performance by this employee of a labor function remotely on a permanent basis or temporarily, is carried out in the form of an electronic document, the employer is obliged within three working days from the date of issuance of the said order ( order) send to the remote worker by registered mail with notification a duly executed copy of the said order (instruction) on paper.

Responsibilities of a home worker

In addition to all the above labor safety conditions, which are mandatory for employers, there are also certain obligations for homeworkers themselves, such responsibilities include:

• comply with labor protection requirements;
• correctly use personal and collective protective equipment;
• undergo training in safe methods and techniques for performing work on labor protection, providing first aid in case of accidents at work, instruction in labor protection, on-the-job training, testing of knowledge of labor protection requirements;
• immediately notify your immediate or superior manager of any situation that threatens the life and health of people;
• undergo mandatory preliminary (upon employment) and periodic (during employment) medical examinations (examinations) at the direction of the employer.

Homeworker: time tracking

The work of a homeworker is regulated by labor legislation, but it is not always possible to apply the general rules of labor legislation to such categories of workers.

Homeworkers independently determine their working hours, and therefore the employer does not have the opportunity to control compliance with the homeworker’s work schedule.

Submission of the homeworker to the internal labor regulations of the organization is one of the signs of labor relations between the employer and the homeworker.

For this purpose, when concluding an employment contract, the parties must agree that the internal labor regulations apply to the homeworker to the extent that does not contradict the essence of the employment contract concluded with him.

Legislative regulation

Modern legislation implies several options for employment and employment. And it is not always necessary to hire an employee to work on the employer’s premises. Recently, with the spread of the Internet, remote work has turned from an individual privilege into a real mainstream. People who are inexperienced in the nuances of labor relations confidently confuse freelancing and home work. However, these concepts are radically different from each other. Who is a homeworker and is it necessary to formalize the relationship with him in an agreement?

Drawing up an employment contract with a home worker

An employment contract with a homeworker is drawn up according to the general rules for concluding a contract with an employee.

It is drawn up in writing, in two copies and signed by the parties.

An employment contract with a homeworker must comply with the requirements of Art. 57 of the Labor Code of the Russian Federation, it must specify the following conditions for working from home:

• nature of work (home work);
• workplace (the address indicated by the homeworker at which he will perform his work duties);
• additional grounds for termination of an employment contract (Article 312 of the Labor Code of the Russian Federation).

An employment contract with a homeworker has some features that must be specified.

The contract should more fully reflect additional conditions that define the mutual rights and obligations of the parties.

The following additional conditions should be specified in the employment contract with a homeworker:

• compliance of the homeworker’s living conditions for performing a specific type of work;
• providing the homeworker with the tools or equipment necessary to create the final product, their replacement, repair;
• the procedure for payment and the amount of compensation for wear and tear (depreciation) in the case of a homeworker using his own equipment, tools and mechanisms;
• the procedure and timing for providing the homeworker with raw materials, semi-finished products and consumables;
• reimbursement of the cost of raw materials if the homeworker uses his own materials;
• reimbursement of other expenses associated with performing work from home (cost of electricity, water, telephone communications, Internet, etc.);
• payment procedure for manufactured products;
• organizing the employee’s receipt of tasks and documenting the final result of his work;
• organizing communication between the employer (the homeworker’s immediate supervisor) and the homeworker (for example, via email, telephone);
• organizing delivery of finished products to the employer;
• ensuring confidentiality of work results;
• other conditions.

Results

The work of a homeworker is subject to the requirements of labor law, in which the Labor Code of the Russian Federation plays the main role.
However, due to the specific nature of such work, the provisions of the Labor Code of the Russian Federation are applied taking into account a number of features - both those specified in a special chapter of this code, and those arising from the objective impossibility of applying certain provisions of the law. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Preferential right to employment

The law also establishes a provision for preferential hiring of workers from home.

That is, hiring such categories of workers as are specified in the Labor Code of the Russian Federation.

For example, with equal qualifications of applicants, the following have a preferential right to employment:

• women whose children have not reached the age of 15;
• disabled people and pensioners (regardless of the type of pension assigned); persons who have reached retirement age but do not receive a pension; persons with reduced ability to work, who are recommended to work at home in accordance with the established procedure; persons who care for disabled people or long-term ill family members who need care for health reasons;
• persons employed in jobs with a seasonal nature of production (during the off-season period), as well as students studying in full-time educational institutions;
• persons who, for objective reasons, cannot be employed directly in production in a given area (for example, in areas and localities with free labor resources).