Certain aspects of the legal regulation of remote work

Abstract

The article deals with topical problems of legal regulation of remote work, the regulation of which has undergone significant changes in recent years. Attention is drawn to the fact that one of the signs of remote work is the performance of a labor function by an employee outside the territory or facility of the employer, and to the debatability of the issue of determining the workplace of a remote worker. It is noted that despite the application of general rules, changing the employment contract with a remote worker has its own characteristics. First of all, this is the possibility of concluding an appropriate additional agreement by exchanging electronic documents. Various options for such changes are being explored: the transfer of an existing employee to a remote form of employment, the abolition of remote work and return to the office, the establishment of hybrid employment, etc. It is proposed to establish in the Labor Code of the Russian Federation a list of grounds, in the presence of which the employer, at the request of the employee, is obliged to transfer the employee to a remote work format, or an indication of the list of categories of employees. The problems of the mode and accounting of the working time of remote workers are considered. The conclusion is made about the prospects of remote work for professions, areas of activity that have the ability to work remotely.