With Federal Law No. 407-FZ, “On Amendments to the Labor Code of the Russian Federation regulating remote work and temporary transfer of an employee to remote work mode on the initiative of the employer in exceptional cases” a new set of rules on remote work entered into force on 1^st January 2021.

The draft changes were elaborated within a working group composed of governmental representatives, certain members of the Russian Parliament, as well as trade unions and employers’ organisations, including the Russian Union of Industrialists and Entrepreneurs (RSPP, a member of the International Organisation of Employers).

Amendments to Chapter 49.1 of the Labour Code deal with “Peculiarities of regulating the work of remote workers” and cover situations where:

• remote work can be ordered by employers in the case of emergency like a natural disaster, pandemic or other exceptional dangerous events. In those cases, the employer’s internal order must explain the reason for this change and define the working period, methods of employees’ supervision, employees who will work remotely and the procedure for providing employees with the equipment needed to do so.
• There is a mutual agreement between the employer and employee on remote working for a short or long-term period (or in alternance between office work and telework). Such agreement must be reflected in the employment contract.

The amended provisions of the Labour Code foresee the obligation for the employer to:

• Provide the employee with the tools needed to work remotely.
• Reimburse the costs incurred by the employees when he/she uses its own or leased equipment.
• Dismiss an employee only on the grounds specified in the Labour Code and in two additional cases (previously, dismissal was allowed on the grounds indicated in the employment contract and therefore much wider for several reasons). The two additional grounds for termination of an employment contract are 1) the lack of communication with the employer for two consecutive working days without a valid reason, 2) a change of work location that makes impossible for the employee to undertake his/her job. 

The new provisions also allow for the recognition and use of the electronic signature. The usual email electronic signature is admitted for the execution of work and related online exchanges.  

A certified digital signature shall be used for amendments and termination of the employment agreement, and the employer must provide this tool to his/her employees. 

RSPP agrees with the amendments to the Labour Code, since the main suggestions of RSPP have been integrated into the Labour Code, namely:

• The possibility of combining remote work and working on stationary workplace (office work) at the same time and under one employment contract;
• the use of electronic signatures;
• the regulation of the engagement of parties of the employment contract under internal exchanges;
• additional reasons for termination of a labour contract;
• exception from the categories of employees which must be transited to a telework as a priority.

According to RSPP, with such changes the governmental regulation will provide a framework that allows employers to agree on specific telework policies with employees.