Remote Work

Freelance Marketplace

Legal aspects of employment of remote staff

With the adoption of the federal law " On the amendment of certain legislative acts of the Russian Federation " , signed by the President of the Russian Federation, a legal definition of remote work has emerged in Russian labour law (also referred to as telework, the English term " telecommuting " proposed by American Father Frilans Jack Nelles). The regulations and regulations of remote workers are now contained in the new chapter 491 of the Labour Code of the Russian Federation, which is included in section XII of the Code on the Responsibilities of Labour Regulation of Certain Workers.

What's a remote job and who's a remote worker?

Remote work and distance workers are defined in article 3121 of the Labour Code of the Russian Federation.

Remote work is an employment function defined by a labour contract, outside the employer ' s location, its branch, office, other separate structural unit (including located elsewhere), outside a fixed workplace, territory or facility directly or indirectly under the control of the employer, provided that the work function is used for the purpose of the job and for the interaction between the employer and the public information and telecommunications network worker, including:Internet" .

Thus, in order to qualify as a remote work, it is important to meet three conditions simultaneously:

The worker performs the labour function defined by the employment contract;
Work is carried out remotely, outside the employer ' s place of residence and its units, including outside of fixed jobs by the employer or any facilities or territories under the control of the employer;
The work function and interaction with the employer are performed using public information and telecommunications networks.

The first condition characterizes the relationship between the worker and the employer, allows for the division of labour relations from civil law, because relationships with remote performers, such as copirators, journalists, authors of texts, programmers, are often established by civil-law contracts for the provision of services, contracts and authorisation.