Problems of Legal Regulation of Distance and/or Remote Labor: Pandemic Testing

Abstract

This paper deals with the legal regulation of distant and/or remote labour. The new needs of the society caused by the pandemic of a new coronavirus infection (Covid-19) are not only to create an urgent regulatory framework for distant (and/or remote) workers, but also to carefully and strictly observe the balance of rights in employee-employer relations. In order to study and evaluate the existing regulatory framework of remote work, the authors studied the current legislation in this area. On the basis of the study, certain contradictions and shortcomings of regulations on distant and/or remote labor were identified, which can often cause conflict and controversial situations in labor relations. This situation is also confirmed by the analysis of jurisprudence on the most important and problematic issues presented in the paper. The pandemic prompted the legislator to develop a new law in the field of regulating remote work as quickly as possible, including with a special focus on regulating a new form – temporary remote labor. A critical review of the short stories proposed by the legislator in this area is presented by the authors when studying the draft federal law “On amending the labor code of the Russian Federation in terms of regulating distant and remote work”. The paper highlights the shortcomings of the legal writing of the legislator when formulating terms and concepts of the sections devoted to the regulation of distant and remote work, in particular: distant (remote) work, temporary distant work, temporary remote work. As a result of the study, the authors developed certain recommendations that could positively affect the observance and harmonious combination of the rights of both parties to the labor relationship (employee and employer) within the new federal law.