What is the best way for the company to organize remote work?

The Labor Code did not previously contain provisions on remote (home) work.

The 1981 Regulation on Working Conditions of Home Workers is completely outdated.

But on March 17, 2020, Law No. 530-IX was adopted, which determined that for the period of quarantine or restrictive measures in connection with COVID-19, an employer may instruct an employee to perform work at home. At the same time, the Law does not require an employee’s consent.

Further (on March 30, 2020) Law No. 540-IX was adopted, which amended Article 60 of the Labor Code, in particular:

  • For the duration of a threat of an epidemic, pandemic and/or other nature, conditions for remote (home) work may be set out in an employer’s order (without the obligation to conclude an employment contract in writing);
  • remote (home) work is a form of work organization when the work is performed by an employee at his/her place of residence or in another place of his/her choice, but outside the employer’s premises;
  • in the event of remote (home) work, employees allocate working time at their own discretion and are not subject to the internal work regulations.

Therefore, the employer may issue an appropriate order for remote (home) work and familiarize employees with it. Employees’ consent is not required.

In the current situation (when many companies de facto already work remotely), the company may send a scan order to corporate e-mail addresses of employees and receive confirmation of familiarization in response.

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