The employer may not always provide the staff with proper working conditions. In addition, employees often have no desire to waste time to get to work, or there are such circumstances that it is necessary to work at home. So, a form of home-based work is very useful in this case. How register labor relations under such conditions is in the following.
Labor contract, application, order
A labor contract with home-workers is recommended to be concluded in writing. After all, this is the only way to determine all the main and additional obligations of the parties. In particular, it should be indicated in the contract: the name of the employer; address of the home-worker’s place of work; specific working conditions of the employee and methods of its calculation; the list and types of work that an employee will perform; the procedure for obtaining tasks and reporting on the work performed; terms of remuneration; the term of the contract, if it is a term contract, or the date of commencement of work for a non-term contract; the address of the home-worker’s place of work at the place of his/her residence, etc.
Such a contract with the home-workers can be both a term contract as well as a non-term contract, or even such that is concluded at the time of performance of a certain work (Art.23 of the Labor Code, hereinafter - Labor Code).
In order to register the employee, the home-worker must, like all other employees, write an application for employment with an indication of the form of work, and the employer - to issue an order on his/her employment and to acquaint the newcomer to the signature.
The SFSU notice on the acceptance for employment
In addition, according to Art.24 of the Labor Code, an employee’s admission to work is carried out after the conclusion of a labor contract with him/her and a the SFSU notice on the acceptance of such an employee for work in the form provided in the annex to the decree of the Cabinet of Ministers of Ukraine “On the procedure for notification to the State Fiscal Service and its territorial bodies of the acceptance of an employee for work” of 17.06.2015, No. 413. This also applies to home-workers.
Familiarization and briefing
Before the beginning of the work the employer must familiarize the home-worker with: the rules of the internal labor regulations; collective agreement; job (position) instruction; to conduct briefing on labor protection.
According to para.20 of the International Labor Organization’s Recommendations on Work at Home No. 184, employers must:
- inform home-workers of all work-related hazards known or to be known to the employer, the precautions to be taken and appropriate training, if necessary;
- ensure that machines, tools or other equipment provided to home-workers have adequate protective devices and take reasonable measures to ensure their proper maintenance;
- provide home-workers with all necessary personal protective equipment free of charge.
Employment book
In accordance with para.1.1 of the Guidelines on the procedure for keeping employment books of workers, approved by the Order of the Ministry of Labor, Ministry of Justice, Ministry of Social Protection of the population dated July 29, 1993, No. 58, labor books are conducted for all employees who work at companies (in institutions, organizations) of all forms of ownership or an individual for more than five days. Consequently, a record of work should be also made in the employment books of home-workers in the general order.
According to para.2.4.5 Guidelines on statistics of the number of employees, approved by the order of the State Statistics Committee of Ukraine dated September 28, 2005, No. 286, full-time employees who have entered into an employment contract with the companies on the performance of work at home by their own work (home-workers), are included in the accounting number of employees of the company (for each calendar day as whole units).
Termination of a labor contract with a home-worker is carried out in a generally established manner in accordance with the requirements of the Labor Code.
