Remote work: concept and main essence. Remote employment in Belarus
Recently, amendments have been made to the Labor Code of the Republic of Belarus, which have regulated the concept and procedure for formalizing remote work.
For example, telecommuting is work when an employee performs a job function outside the location of the employer. In this case, the work is carried out using information and communication technologies. This means, first of all, the Internet, e-mail, instant messengers. An employee and an employer can use the Internet to exchange any information, files, documents.
Telecommuting is different from home work. Homeworkers perform work at home, while “remote workers” can work in any convenient place (cafe, transport, hotel, etc.).
Who initiates the transition to teleworking: employee or employer
Labor legislation has been amended and amended so that at present both the employer and the employee can initiate the transition to remote work.
Moreover, if the employer is the initiator of the “remoteness”, then there will be a change in essential working conditions, which must be formalized in a certain order. Thus, the employer is obliged to notify the employee of a change in the existing working conditions at least 1 calendar day in advance.
If the initiator of remote work is an employee, then he is obliged to apply with a written application to the employer, indicating the reason why the need for remote work has arisen. Moreover, the employer has the right to both satisfy the employee’s request and refuse to provide the opportunity to work remotely.
If the employer is the initiator of the “removal”, but, in the light of recent events, the reason for preventing the spread of coronavirus infection is reasonable.
Translation to remote work
In the event the employer decides to transfer the employee to “remote work”, an additional agreement to the employment contract is drawn up, which spells out all the conditions for remote work. These are changes and additions to the employment contract, which are drawn up accordingly.
If the transfer to remote work for some reason is not possible, then the employer is obliged to provide the employee with favorable conditions for the performance of the labor function.
Rules for issuing an order for remote work
On the transfer to remote work, an order is issued by the employer, which is announced to the employee against signature.
The order must indicate the surname, name, patronymic and position of the employee, the date from which the work is carried out in a remote format, the reasons on the basis of which the decision to transfer was made, the obligation to conclude an additional agreement to the employment contract.
Is it necessary to mention the coronavirus in the order
Doctors recommend using social distancing during an unfavorable epidemiological situation. In this regard, the transition of many workers to a remote work format has recently become very popular.
In the order for the transfer to remote work, it is advisable to mention the reasons for such a transfer. If it is a coronavirus, then in the motivation part of the order it is necessary to indicate that “the transfer to teleworking is carried out in connection with the need to prevent the spread of coronavirus infection.”
Regulations on teleworking – is it necessary to approve it
The legislation does not contain a requirement for the mandatory development and approval of the Regulation on teleworking. At the same time, if necessary, the employer can develop such a Regulation.
In the Regulations on teleworking, you can prescribe general conditions (including defining “telecommuting”), the procedure for accepting and dismissing from teleworking, the procedure for interaction between the employer and the employee using the Internet and other conditions.
The regulation is a local legal act and is binding on all employees of the organization.
Do I need to make changes to the employment contract in connection with the transition to remote work
Such changes must be made by concluding an additional agreement with the employee. Such an agreement can be concluded in two formats:
– through the exchange of electronic documents (with an electronic digital signature);
– with the personal presence of the employee.
Dismissal of an employee who works remotely (remote) work
Termination of labor relations with a “remote worker” is carried out on general grounds for dismissal, enshrined in the Labor Code. This is dismissal by agreement of the parties, due to absenteeism, inconsistency of the employee with the position held, at the employee’s own request, etc. The legislation does not provide for any special grounds in this case.
The dismissal order must be sent to the employee officially in electronic form, or the employee must be personally acquainted with it.
