On remote work. How to transition to remote work

Remote work is defined as work performed by an employee outside the employer's location, utilizing information and communication technologies for performing such work and interacting with the employer.

A labor contract with an employee performing remote work may only be concluded in person. The labor contract must explicitly state that the work is remote. Additional agreements to amend the terms of the labor contract agreed upon by the parties with an employee performing remote work may be concluded by exchanging electronic documents or in person.

The labor contract between the employer and an employee performing remote work shall define the terms for exchanging electronic documents or messages in electronic form (including SMS messages, files, and records) containing written assignments, other information for the performance of labor duties, results of completed work, employee statements and explanations, notifications, orders, and other employer documents related to the amendment and termination of the labor contract.

The methods and frequency of work-related contacts between an employee performing remote work and the employer shall be determined by the labor contract.

The norms for working hours and rest time established by the Labor Code of the Republic of Belarus shall apply to employees performing remote work.

The working hours and rest time regime for an employee performing remote work shall be established by the labor contract upon agreement with the employer, or shall be determined by the employee independently, which shall be indicated in the labor contract. The organization of working time and rest time accounting, the necessity

breaks during the working day are determined by the employment contract.

The employer is obliged to familiarize an employee performing remote work with the labor protection requirements when working with equipment and tools provided or recommended by the employer. Other employer obligations to ensure safe working conditions and labor protection may be stipulated by the employment contract.

The transition of employees to remote work may be carried out:

- by agreement of the parties (Part 4 of Article 19 of the Labor Code of the Republic of Belarus), i.e., if the parties have reached an agreement, if an agreement has been reached between the employer and the employee;

- due to justified production, organizational or economic reasons, the employer has the right to change essential working conditions in the manner prescribed by law, notifying the employee in writing no later than one month in advance.

At the same time, due to justified reasons for the adverse impact of the epidemiological situation on the employer's activities, a written warning is required no later than 1 calendar day in advance.

When transitioning to remote work, there are no grounds for concluding a new employment contract, as the employment function remains the same, changes are made to the employment contract by concluding an additional agreement to the employment contract.

Upon termination of the employment contract, the employee's personal presence is not required. Familiarization of the employee with the employer's order on the termination of the employment contract is carried out by exchanging electronic documents or in person. If the employee is familiarized by exchanging electronic documents, the employer is obliged to send the employee performing remote work, duly executed, on the day of termination of the employment contract.

a paper copy of the order by registered mail with delivery confirmation.

 

Deputy Head of the Department for Supervision of Labor Legislation of the Vitebsk Regional Department of the Department of State Labor Inspectorate G.A. Galay