Due to the spread of the COVID-19 virus, questions often arise regarding the transfer of employees to remote work.
In this regard, we would like to additionally draw your attention to cases when the transition to a remote work format is impossible:
- According to experts of the Ministry of Labor, the organization is not entitled to conclude employment contracts with remote workers who work outside of the Russian Federation. This rule applies both to foreign citizens or stateless persons, and to citizens of the Russian Federation. For more information, see the Department's letter № 14-2/OOG-245 dated 16.01.17. Officials refer to the provisions of article 312.3 of the Labor Code of the Russian Federation. It obliges the employer to provide safe working conditions and labor protection for remote employees. At the same time, article 13 of the Labor Code of the Russian Federation states that the labor legislation of the Russian Federation applies only on its territory. It follows from the above that the employer cannot provide safe working conditions for remote employees working outside the Russian Federation. Therefore, employers do not have the right to enter into labor contracts for remote work outside the Russian Federation with either foreign citizens (stateless persons) or citizens of the Russian Federation.
- Also, the transfer to remote work is not possible in the case of a foreign citizen who has a work permit that does not specify the subject where the foreign citizen is actually located and performs remote work. This requirement is based on mandatory conditions that must be reflected in the employment contract. Specify the place of employment is such a requirement.
You can find more details about distance work and the specifics of concluding agreements on transferring to distance work in our previous news.
For more information, please contact the consultants of Confidence Group company.
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