5 April 2013
EPAM Legal Highlights: Russians can work from home
 

CHANGE:

Telecommuting, remote work, “work from home” is no longer a foreign concept for Russians.   

The Russian Labour Code was recently amended with a new chapter that regulates the ability of employees to telecommute to work.

 

BENEFITS:

Telecommuting is permissible provided that the employee can reasonably perform his or her duties via the internet.   The amended law even allows for employment agreements to be entered into via email provided a hard copy is sent to the employee within 3 calendar days from the date of the agreement.

 

RISKS:

But there are some wrinkles:

  • The telecommuting employee can change his place of residence to the Far North, a region of Russia where employees are entitled to extra benefits like extended vacations and bonuses to those working in special weather conditions. The Russian Labour Code does not regulate this scenario, and the employee may require such compensations from the employer. Therefore, only court practice can come up with a solution.
  • The drafters of the legislation did not take into consideration the fact that foreign specialists are able to work abroad for Russian employers without an individual work permit using telecommuting work option. Currently, the Russian migration law requires a foreign specialist to obtain an individual work permit regardless the fact of his employment by a company located in Russia, and is not based on the foreign workers residence being located in Russia.

RECOMMEN-DATIONS:

There are certain things that can be done to avoid these loopholes that we will be happy to share with you upon request.

 Published 05.04.2013. Effective date 19.04.2013.

Key contacts

Anna
Ivanova

Moscow

 

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