Legal regulation of remote workforce

On April 19, 2013 the Federal Law No.60-FZ “On amending certain acts of the Russian Federation” dated April 5, 2013 (hereinafter the “Federal Law”) came into effect, defining the concept of ‘remote work’ and the particulars concerning labor of employees working remotely.

As one of the most important details of a labor agreement on remote work, the Federal Law provides for the possibility of exchanging documents containing an ‘enhanced qualified electronic signature’ (hereinafter the “EES”) instead of signing hardcopy documents.

Such form of interaction can be used for the following:

• when signing, amending or terminating a labor agreement and addenda thereto;

• when the remote worker is getting acquainted with the employer’s internal instruments, orders and other documents;

• when the remote worker addresses the employer with applications or explanations.

The Federal Law has also defined and set certain particulars for labor relations with remote workers, for example:

• documents provided at the time of employing a remote worker can be provided to the employer in electronic form;

• the remote worker must obtain a state pension insurance certificate by its own means;

• at the worker’s discretion, information about the remote work may not be recorded into his employment record book;

• when terminating the labor agreement, the order on such termination may be provided to the remote worker in electronic form.

Considering the fact that the concept of remote work is new to Russian law, it is difficult to speak of particulars of any law enforcement practice, but we do hope that this new concept will make life substantially easier for employers as well as for workers.
The EES means an electronic signature that complies with the requirements established by Federal Law No.63-FZ “On electronic signature” dated April 6, 2011.

Additional notes

Should any questions arise in connection with the above or if you need any additional materials, please contact Anastasia Fomicheva, St. Petersburg Office of Capital Legal Services.

This Information letter keeps the clients of the Capital Legal Services and other interested parties abreast of information that may, to any extent, affect their activity or cater to their particular interests. The opinions and commentaries expressed in this Information letter shall not be deemed as legal opinions.