Remote work (in Ukrainian – дистанційна робота)
The employer often uses this type of employment due to the possibility for:
What documents are necessary for the remote work?
- the employee to continue his/her work and get a salary
- the employer to comply with the quarantine restrictions.
There is a legal requirement to conclude an agreement on the remote work in a written form, which means the consent of both parties (the employee and employer) to this work. However, the employer may formalise such work conditions only by the issuance of an order if the necessity of the remote work occurs during the threat of epidemic/pandemic spread. The employer informs the employee about the order, and the latter confirms acceptance of the document with a signature.
We recommend the employer to define in the order the methods for (1) control of the performance, (2) receipt of assignment by the employee, (3) his/her communication with the employer. IMPORTANT:
It is still unclear whether the issued order on the remote work means the change of "essential work conditions" (in Ukrainian – істотні умови праці
), and therefore, whether it is obligatory for the employer to send the prior notification to the employee on the above change. However, the law allows the employer to entrust the employee to perform work at home during the quarantine and does not mention any obligatory prior notification on this type of work. What are the employee's rights during the remote work?
The employee (1) may choose the place to perform his/her work, (2) has the full payment within the terms specified by an employment agreement. The employee using his/her own tools/working instruments can be eligible for compensation for their depreciation. Both parties agree the amount and procedure of this compensation.