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Which employees will remote work apply to? — EXAMPLES
Which employees will remote work apply to? — EXAMPLES
In recent years, the transition to a remote (distance) work system has become increasingly relevant both in our country and in foreign countries. Especially during the COVID-19 pandemic, most employers created conditions for employees to work from home. Even before the latest amendments approved in the Labor Code, some employers had already been applying the remote work regime. However, until recently, there was no separate provision in the Labor Code that directly regulated the remote work regime. In this regard, let us first present the concept added to Article 3 of the Labor Code:
9-2. Remote (distance) work — the performance of a labor function outside the enterprise or outside workplaces created by an employer who is an individual, using tools that enable the work to be performed remotely (electronic, software-technical, telecommunication tools, etc.), that is, in another place suitable for performing work (providing services).
To better understand the article, let us divide the concept into parts and focus on the key points.
The first point to consider is that the employee’s labor function must be possible to perform using tools that enable remote execution.
Example 1. An employer cannot apply a remote work regime to an employee working as a welder. This is because such an employee can perform their labor function only in the production area, that is, at the workplace.
Example 2. An employer may amend the employment contract of an employee who is an information technology specialist and determine that the employee will work under a remote work regime. This is because the labor function in this position can be performed remotely through electronic, software-technical, and telecommunication tools.
Example 3. An employer makes changes to the employment contract of an employee working as an accountant regarding the remote work regime. According to the amendment, the employee who works under a five-day work schedule performs work at the employer’s office on Tuesdays and Fridays, and works remotely from home on the other days of the week.
The second key point concerns the location where the employee performs their labor function. The article states that the labor function must be performed outside the enterprise or workplaces created by an employer who is an individual, that is, in another place suitable for performing work (providing services).
Example 4. An employee working as a human resources specialist performs their labor function at home and carries out activities related to employment contracts through the ƏMAS subsystem. In this case, the workplace of the employee working remotely is considered to be their residential address.
At the same time, it is possible that an employee performing remote work carries out their labor function not from home but from another location.
Example 5. An employee working as a trainer in a training center conducts training sessions for the center’s clients at a co-working space. In this case, the employee’s work address is neither the Training Center nor their residential address; it is another location — a co-working space.
So, what conditions can be determined for an employee working under a remote work regime? According to the second paragraph added to Article 55 of the Labor Code, additional terms of employment related to the performance of labor functions in the form of remote (distance) work are determined in the employment contract by mutual agreement of the parties.
In recent years, the transition to a remote (distance) work system has become increasingly relevant both in our country and in foreign countries. Especially during the COVID-19 pandemic, most employers created conditions for employees to work from home. Even before the latest amendments approved in the Labor Code, some employers had already been applying the remote work regime. However, until recently, there was no separate provision in the Labor Code that directly regulated the remote work regime. In this regard, let us first present the concept added to Article 3 of the Labor Code:
9-2. Remote (distance) work — the performance of a labor function outside the enterprise or outside workplaces created by an employer who is an individual, using tools that enable the work to be performed remotely (electronic, software-technical, telecommunication tools, etc.), that is, in another place suitable for performing work (providing services).
To better understand the article, let us divide the concept into parts and focus on the key points.
The first point to consider is that the employee’s labor function must be possible to perform using tools that enable remote execution.
Example 1. An employer cannot apply a remote work regime to an employee working as a welder. This is because such an employee can perform their labor function only in the production area, that is, at the workplace.
Example 2. An employer may amend the employment contract of an employee who is an information technology specialist and determine that the employee will work under a remote work regime. This is because the labor function in this position can be performed remotely through electronic, software-technical, and telecommunication tools.
Example 3. An employer makes changes to the employment contract of an employee working as an accountant regarding the remote work regime. According to the amendment, the employee who works under a five-day work schedule performs work at the employer’s office on Tuesdays and Fridays, and works remotely from home on the other days of the week.
The second key point concerns the location where the employee performs their labor function. The article states that the labor function must be performed outside the enterprise or workplaces created by an employer who is an individual, that is, in another place suitable for performing work (providing services).
Example 4. An employee working as a human resources specialist performs their labor function at home and carries out activities related to employment contracts through the ƏMAS subsystem. In this case, the workplace of the employee working remotely is considered to be their residential address.
At the same time, it is possible that an employee performing remote work carries out their labor function not from home but from another location.
Example 5. An employee working as a trainer in a training center conducts training sessions for the center’s clients at a co-working space. In this case, the employee’s work address is neither the Training Center nor their residential address; it is another location — a co-working space.
So, what conditions can be determined for an employee working under a remote work regime? According to the second paragraph added to Article 55 of the Labor Code, additional terms of employment related to the performance of labor functions in the form of remote (distance) work are determined in the employment contract by mutual agreement of the parties.