The rapid spread of coronavirus in the world and the forced transition to remote work have made their adjustments in the activity of most companies and institutions. In fact, flexible working hours in modern conditions have been practiced by employers for a long time, but the Labor Code of Ukraine (hereinafter – the Labor Code) has not yet established clear rules for its application. Finally, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the Legal Regulation of Remote Work, Work from Home and Flexible Working Hours” No. 1213-IX of February 4, 2021 (hereinafter – Law No. 1213) has amended the Labor Code. It introduced two independent working modes – remote and home. About the general conditions of remote work – further.
Law No. 1213 has supplemented the Labor Code with two new articles:
- Art. 601 “Work from home”;
- Art. 602 “Remote work”.
According to Art. 602 of the Labor Code, remote work is a form of organization of labor relations between the employee and the employer and/or performance of work, when the work is performed by the employee outside the employer’s premises at any place of his/her choice and using information and communication technologies.
The standard form of an employment contract for remote work is approved by the central executive body, which ensures the formation of state policy in the field of labor relations. The observance of the written form is obligatory at the conclusion of the employment contract for remote work.
At the time of threat of epidemic, pandemic, the need for self-isolation of the employee in cases established by law and/or at the time of threat of military, man-made, natural or other nature, the condition of remote work may be established in the employer's order without mandatory employment contract for remote home concluded in writing.
In the case of remote work, the employee independently chooses own workplace and is personally responsible for ensuring safe and harmless working conditions.
After concluding an employment contract for remote work, the employer is obliged to systematically instruct (train) employees on occupational safety and fire protection within the use of equipment and tools recommended or provided by the employer.
Such briefings (training) can be conducted remotely using modern information and communication technologies, in particular through video communication. In this case, confirmation of the briefings (training) is allowed through the exchange of electronic documents between the employer and the employee.
During remote work, employees distribute working time at their discretion, they are not subject to the rules of internal labor regulations, unless otherwise provided in the employment contract. But, as for other employees, the total working time of the remote worker may not exceed the rules provided for in Art. 50 and 51 of the Labor Code.
By agreement between the employee and the employer, the performance of remote work may be combined with the performance of work by the employee at workplaces on the premises or on the territory of the employer.
Peculiarities of combining remote work with work on the premises or on the territory of the employer are defined in the employment contract for remote work.
The procedure and terms of providing employees who perform work remotely with the necessary equipment, software and hardware, information security and other means to perform their duties, the procedure and deadlines for such employees to submit reports on the work performed, the amount, procedure and terms of payment compensation for the use of appropriate equipment or leased equipment, software and hardware, information security tools and other means, the procedure for reimbursement of other costs associated with the performance of remote work are determined by the employment contract for remote work.
In the absence of a relevant provision in the employment contract, the provision of means of work related to information and communication technologies used by the employee is entrusted to the employer, who provides appropriate installation and maintenance, as well as pays the associated costs.
An employee who performs remote work must be provided with a guaranteed period of free time for rest (period of disconnection), during which he/she may interrupt any information and telecommunication with the employer, which is not considered a violation of the employment contract or labor discipline.
