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 home-based 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. 601 of the Labor Code work from home is a form of work organization when paid work is performed by the employee at his place of residence or in other pre-selected premises, characterized by the presence of a fixed area, technical means (fixed and non-production assets, tools, devices, inventory) or their totality required for the manufacturing of products, provision of services, performance of works or functions provided for in the constituent documents, but outside the production or working premises of the owner of the enterprise, institution, organization or its authorized body.
The standard form of an employment contract for work from home is approved by the central executive body, which ensures the formation of state policy in the field of labor relations. The adherence to the written form is mandatory when concluding an employment contract for work from home.
Under the conditions of work from home, the general regime of work of the enterprise, institution and organization applies to employees, unless otherwise provided in the employment contract. In addition, the duration of working hours may not exceed the rules provided for in Art. 50 and 51 of the Labor Code.
The performance of work from home does not entail changes in rationing, wages and does not affect the scope of labor rights of employees. At the same time, the owner or authorized body independently decides how to entrust the work to the employee and monitor its implementation, and ensures reliable accounting of the work performed.
The provision of means of production, materials and tools necessary for the employee to perform work from home, is entrusted to the employer, unless otherwise provided by the employment contract.
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 work from home may be established in the employer's order without mandatory employment contract for work from home concluded in writing.
In the case of work from home, the employee's workplace is fixed and cannot be changed on his/her initiative without the consent of the employer in the manner specified in the employment contract for work from home.
In case of impossibility to perform work at a fixed workplace for reasons beyond his/her control, the employee has the right to change the workplace, provided that the employer is notified at least three working days before such a change in the manner specified by the employment contract. The decision of the employer to refuse to consent to a change of workspace at the initiative of the employee must be justified.
Prior to the start of work under the concluded employment contract for work from home, the employer is obliged to:
- explain to the employee his/her rights and responsibilities and inform under the receipt of working conditions, the presence in the workplace, dangerous and harmful production factors that have not yet been eliminated, and the possible consequences of their impact on health, the right to benefits and compensation for work in such conditions in accordance with applicable law and the collective agreement;
- acquaint the employee with the rules of internal labor regulations and the collective agreement;
- determine the employee's workplace, to provide him/her with the necessary means to work;
- instruct the employee on safety, industrial sanitation, occupational health and fire protection.
The organization of labor processes outside the production or working premises of the employer is allowed only for persons who have the necessary living conditions, as well as practical skills or can acquire these skills to perform certain jobs.
Housing conditions are inspected by representatives of the employer with the participation of the trade union body, and in appropriate cases – by representatives of sanitary and fire supervision.
