Sample employment contract on remote work (with a remote worker). Employment contract with a remote worker sample

Today, between an employee and his employer in mandatory an employment contract must be concluded. This moment approved at the legislative level. This also applies to employees who work remotely, remotely from the employer.

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Peculiarities

In accordance with labor legislation, interaction between an employee and an employer must necessarily be carried out within the framework of labor agreement.

This document must be concluded without fail. Otherwise, there is a high probability of difficulties with the labor inspectorate.

Employment contract with remote work with a seller or employee in another position has large number a variety of features.

Typically, such features are simply reflected in a separate clause directly in the employment agreement itself.

For example, if work and all interactions with the employer are carried out via the Internet, then this item may include the following:

  • to implement labor functions, the employee uses the global Internet;
  • when performing his immediate duties, the employee is obliged to use the employer’s email address;
  • The employee must independently provide himself with everything required for work:
    • computer;
    • telephone line with Internet access;
    • modem;
    • to others.

Usually all the above points are disclosed in detail. It should be remembered that the list of items in this section always depends on the format of the work itself, as well as other working conditions.

The employee needs to pay maximum attention to this section when reading the employment agreement. Since for the most part it is the only thing that differs from a standard employment contract.

Terms

The terms of the agreement are also reflected in it. This item usually includes the following points:

  • a certain amount of official salary is established;
  • it indicates which payments can be paid additionally to a remote employee;
  • compensation for use is established various kinds technical and software, For example:
    • for using your own personal computer;
    • for operating a telephone line;
    • reimbursement for the use of Internet service provider services;
  • the employee is obliged to fulfill his duties on time, the employer must transfer the established wages.

Also, the list of conditions can be supplemented with a large number of different other items. Their content primarily depends on the type of work performed and other characteristics.

The section in each case will be individual and formed depending on many factors. You just need to remember not to violate labor legislation.

Otherwise, the contract will be considered illegal. Moreover, in some cases this is allowed pre-trial – if the violation is really serious.

The employer should definitely include in the type of document in question the section “grounds and procedure for terminating the contract.”

This will allow you to avoid litigation, other difficulties when terminating the agreement, or dismissing an employee. Because sometimes circumstances arise that make continued cooperation simply impossible.

This section can include:

  • lack of workload from the employer;
  • transfer or transition to another position;
  • violation of the rules of the agreement - if this makes further work impossible to continue.

At the same time, termination of an agreement of the type in question is possible on the basis of the relevant section of the Russian Federation.

It is important to avoid violating the procedure for dismissing an employee. Otherwise, this process may be canceled and declared illegal. And the employee will simply be reinstated in his position.

An employment contract with an employee operating remotely does not have an established format in law.

Therefore, in most cases it should be compiled individually. The situation is similar with the terms of interaction between an employee and his employer.

Conclusion and its sample

The format of this type of agreement itself has a number of features. But for the most part, it does not differ from the standard agreement with a regular employee (not remote).

The type of agreement under consideration should include the following main sections:

  • date, place of conclusion of the agreement;
  • names of the employee and employer;
  • subject of the contract;
  • duration of the contract;
  • rights and obligations of the employee/employer;
  • features of remote work;
  • compensation and guarantees;
  • rest and work schedule;
  • terms of payment for the work;
  • the right to the results of work;
  • grounds and procedure for termination;
  • liability of the parties;
  • additional conditions;
  • list of applications;
  • addresses and details of the parties;
  • signatures of the parties - with transcript.

If possible, it is worth paying maximum attention to the “right to work results” section. In some cases, remote work (via the Internet, or otherwise) involves activities of an intellectual nature.

It is important to consider: who exactly will ultimately own the right to the final product of intellectual activity. Also more important is the question: will the registration of intellectual works be carried out in an appropriate manner?

Most often, labor disputes arise precisely in connection with the lack of coverage of the issue of intellectual rights.

It is important to cover this point in the agreement in as much detail as possible, avoiding various ambiguous expressions. Judicial practice on this matter is extremely ambiguous. There are many different complexities.

Features of an employment contract with a part-time remote worker

The term “part-time work” means performing any paid work in your free time. It is important to remember: in the case of part-time work, the employment contract may be concluded for a fixed-term period.

This is provided for and permitted by labor legislation. Often there is such a format of employment agreement as remote part-time work.

It is important to remember that such an agreement is regulated by the relevant sections of the Labor Agreement of the Russian Federation:

Part-time work has the following main features:

  • Part-time employment with different employers is allowed - if this does not contradict current legislation;
  • in the above case, two employment agreements are required;
  • if part-time work takes place with one employer, then the work must be performed within the framework of one profession;
  • the contract must reflect the type of part-time job:
    • external;
    • interior;
  • an agreement can be concluded only upon provision of certain documents;
  • making a corresponding entry in the employment record is not necessary, but it can be done if the employee wishes;
  • wages are usually set in proportion to the time worked;
  • There is a limit on working hours:
    • 4 hours a day;
    • 16 hours per week;
  • a part-time employee has the right to all social guarantees reflected in the Labor Code of the Russian Federation (sick leave, etc.).

There are quite a large number of different specific points. It should be remembered that a part-time employment contract differs from a similar document, but drawn up in the case of combining positions. These two agreements constitute different agreements.

With a foreigner

Today it is allowed to draw up an employment contract with a foreign remote worker. This point is covered in sufficient detail in the legislation in force on this matter. The fundamental legal act is Federal Law No. 115-FZ of July 25, 2002.

In accordance with current legislation, the employer has the right to attract foreign citizens only to perform certain job duties.

In this case, when concluding a part-time employment contract with a foreign worker, you will need to provide the following documents:

  • passport, any other document that confirms identity;
  • work book;
  • SNILS;
  • document confirming qualifications.

Also, when concluding an employment contract, a foreign worker will also need to submit the following documents:

  • VHI policy;
  • special work permit or patent.

All aspects of concluding an employment agreement with a foreigner or stateless person are considered in as much detail as possible in the Labor Code of the Russian Federation.

In accordance with this regulatory document, the following must be specified in the agreement:

  • about a patent or permission to carry out labor activities by a foreigner;
  • for a temporary residence permit in the country - if this is required for remote work.

It will also be necessary to reflect in the employment agreement all the points specified in the Labor Code of the Russian Federation. It should be remembered that compliance with the points outlined in this regulatory document is strictly mandatory.

Violation of articles of the Labor Code of the Russian Federation is not allowed. Otherwise, the employment contract will be declared invalid and illegal.

Urgent

Forms of employment contracts for remote work have different kind. It is also possible to conclude a fixed-term employment contract.

Such an agreement concluded with a remote working employee has the following main features:

  • if at the time of expiration of the agreement it was not terminated, then the contract from a fixed-term one automatically becomes indefinite;
  • not allowed to install probation if such an agreement format is used;
  • if the contract was concluded for a period of less than 2 months, then severance pay not assigned;
  • all compensation and vacations are calculated using the formula “two days for 1 month of work”;
  • if the employee, on his own initiative, decides to terminate his employment relationship, he must notify his employer no later than 3 days in advance;
  • The duration of an agreement of this type must be specified - otherwise, immediately after signing, the agreement will be recognized as unlimited;
  • The legislation does not provide for the possibility of extending the type of contract in question - only its termination is possible or it can be immediately converted into an open-ended one.

Taking into account all the existing features, it will be necessary to take into account the effect of all other provisions of the Labor Code of the Russian Federation when drawing up a fixed-term employment agreement.

How to hold an employee accountable for a disciplinary offense, so as not to lose in court? Read about this in our article.

From the article you will learn:

Disciplinary offense

First of all, we suggest you understand what constitutes a disciplinary offense. The definition of this concept is contained in Article 192 of the Labor Code of the Russian Federation.

A disciplinary offense is the failure or improper performance by an employee of his assigned job duties through his fault.

This means that if an employee performs his or her job and job duties poorly or does not perform them at all, the employer has the right to take disciplinary measures against such employee.

Download sample documents

In this regard, it is important for an organization to include in an employment contract or job description describe in detail the employee’s job responsibilities. After all, if the employee’s corresponding responsibilities are not documented, if a dispute arises, the legality of applying disciplinary measures can be easily challenged in court.

Therefore, we recommend developing job descriptions for each position, which detail the job characteristics and specific job responsibilities. The employee must be familiarized with this document and signed.

Note that in practice, job descriptions are often drawn up as an annex to the employment contract. In such a situation, by signing an employment contract, the employee immediately confirms that he has read the job description.

Practical case

Is it necessary to create a commission to investigate a disciplinary offense?

The answer was prepared jointly with the editors

Ivan Shklovets answers:

Types of liability from disciplinary offenses

As we have already said, disciplinary offenses on the part of an employee entail certain negative consequences. Thus, the employer has the right to bring the employee to disciplinary liability for violations.

Please pay attention! All types provided for in Article 192 of the Labor Code of the Russian Federation. The employer has no right to expand this list.

Types of disciplinary liability

For what violation does it apply?

Applies for minor violation labor discipline. In particular, it can be applied in the case

Rebuke

A more serious type of responsibility. Used for more significant or repeated violations.

The most severe type of disciplinary action. Can only be applied if there is a gross violation on the part of the employee. Or the violations are regular, and the employee has previously been subject to disciplinary measures.

It is important for organizations to remember that this is a complete list of types of disciplinary punishment that can be applied to an employee. The Labor Code does not provide for other types of liability. The only exceptions are situations specifically provided for by law.

In practice, commercial organizations also use this type of liability as a severe reprimand. Most often it is used for gross violation, when the employer wants to strictly punish the employee, but not fire him. Labor legislation does not provide for a severe reprimand, so the employee will be able to challenge this type punishments .

Deprivation of a bonus as a liability for a disciplinary act

Another point that is important to pay attention to. Also in practice, as a disciplinary measure, employers . How legal is this?

It is important here not to confuse disciplinary liability and the need to pay incentives or incentive payments to the employee.

Thus, deprivation of a bonus cannot be used as a disciplinary measure. This type of punishment is not provided for by labor legislation. At the same time, the bonus is an incentive payment. And the employer prescribes the procedure for such payments in a local act, most often in the Regulations on Bonuses. And in the Regulations, the employer has the right to provide that those employees who have committed or have disciplinary action, no bonuses are paid. It may also be possible to provide that, in such circumstances, premiums are paid at a reduced rate.

In other words, the employer has the right not to pay a bonus to the employee if he commits a disciplinary offense. But such a condition for payment (or non-payment) of the bonus must be provided for in the Regulations on Bonuses. If the Regulations do not contain such a condition, the organization cannot deprive a bonus of an employee who has committed a disciplinary offense.


In fact, this means that for committing a disciplinary offense, an employee can be subject to disciplinary action in the form of a reprimand, reprimand or dismissal. In addition, the employee may be deprived of a bonus if such a condition is provided for in the Regulations on Remuneration or the Regulations on Bonuses.

In this situation, we will not talk about two types of disciplinary punishment for one offense, since deprivation of a bonus is not a disciplinary measure.

Question from practice

Is it possible to deprive an employee of a bonus for committing a disciplinary offense? Payment of bonuses is provided for by the Regulations on bonuses in the organization

The answer was prepared jointly with the editors

Ivan Shklovets answers:
Deputy Head of the Federal Service for Labor and Employment

The answer to this question depends on what specific conditions for payment of bonuses are specified in .

about remote work (with a remote worker) in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as “ Telecommuter", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE AGREEMENT

1.1. Under this employment contract, the Remote Worker undertakes to perform labor functions in his profession outside the location of the Employer, its branch, representative office, or other separate structural unit(including those located in another area), outside a stationary workplace, territory or facility directly or indirectly under the control of the Employer, provided that it is used to perform this job function and for interaction between the Employer and the Employee on issues related to its implementation, information - public telecommunication networks, including the Internet, and the Employer undertakes to provide the Remote Worker with necessary conditions labor provided for by labor legislation, as well as timely and full payment of wages.

1.2. The employment contract is concluded for an indefinite period.

1.3. The employee is required to start working in 2019.

1.4. The probationary period for employment is months.

1.5. Work for the Employer is a place of work for the Employee.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee has the right to:

  • providing him with work stipulated by this Agreement;
  • payment of wages in the amount and in the manner provided for in this Agreement;
  • rest;
  • complete reliable information about working conditions and labor protection requirements;
  • protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
  • compensation for damage caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation, other federal laws;
  • compulsory social insurance.

2.2. A remote worker is obliged to:

  • conscientiously perform their duties as provided for in the job description;
  • when performing his duties under this employment contract, use equipment, software and hardware, information security tools and other means provided or recommended by the Employer;
  • no later than the date of each month, submit reports to the Employer on the work performed in the form electronic document;
  • take care of the property provided to him by the Employer;
  • systematically improve your skills;
  • at the request of the Employer, send it to him by mail by registered mail with notification, notarized copies of documents provided for in Article 65 of the Labor Code of the Russian Federation, on paper.

2.3. The employer has the right:

  • encourage the remote worker for conscientious, effective work;
  • require the Remote Worker to perform their job duties and take care of the Employer’s property;
  • bring the Employee to disciplinary and financial liability in the manner established Labor Code and other federal laws.

2.4. The employer is obliged:

  • comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
  • provide the Employee with the work stipulated by this agreement;
  • provide the Employee with equipment, software and hardware, information security means and other means necessary for the performance of his labor duties under this employment contract;
  • familiarize the remote worker with labor safety requirements when working with equipment and tools recommended or provided by the Employer;
  • pay the full amount of wages due to the Employee within the time limits established by this Agreement;
  • introduce the Employee to accepted local regulations, directly related to his labor activity. If a remote worker must be familiarized in writing, including against signature, with adopted local regulations directly related to his work activities, orders (instructions) of the Employer, notifications, requirements and other documents, he can be familiarized with them by exchanging electronic documents with the Employer;
  • When a remote worker submits an application for the issuance of duly certified copies of work-related documents, no later than three working days from the date of filing the said application, send these copies to the remote worker by registered mail with notification or, if indicated in the application, in the form of an electronic document ;
  • carry out compulsory social insurance of the remote worker in the manner established by federal laws. To provide mandatory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the Distance Worker sends to the Employer original documents provided for by federal laws and other regulatory legal acts Russian Federation, by registered mail with notification;
  • compensate for damage caused to the remote worker in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation.

2.5. In order to ensure safe conditions and labor protection of the remote worker, the Employer is obliged to ensure:

  • investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
  • fulfillment of instructions of officials of a federal body executive branch, authorized to carry out federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions of public control bodies to the established Labor Code of the Russian Federation, deadlines under other federal laws;
  • compulsory social insurance of employees against accidents at work and occupational diseases.

2.6. The parties have other rights and perform other obligations provided for by current labor legislation.

3. WORKING AND REST TIME

3.1. The working hours and rest hours of a remote worker are set by him at his own discretion.

3.2. The remote worker is provided with:

  • annual basic paid leave of 28 calendar days;
  • annual additional paid leave of days.

3.3. Paid leave is provided to the Remote Worker at any time of the working year in accordance with the order of provision of annual paid leave established by the Employer.

3.4. A remote worker may be granted leave without pay in accordance with current labor laws.

4. CONDITIONS OF PAYMENT

4.1. A remote worker is paid a salary of rubles per month.

4.2. For conscientious performance of labor duties, the remote worker is paid a monthly bonus in the amount of rubles.

4.3. Wages paid twice a month in the manner and terms, established by rules internal labor regulations and collective agreement.

4.4. During the period of validity of this employment contract, the Remote Worker is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

5. RESPONSIBILITY OF THE PARTIES

5.1. In case of failure or improper performance by the Remote Worker of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

5.2. The Employer bears financial and other liability to the Remote Worker in accordance with the current legislation of the Russian Federation.

6. FINAL PROVISIONS

6.1. When the Parties interact through the exchange of electronic documents, enhanced qualified electronic signatures of the Remote Worker and the Employer are used in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the Parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other Party no later than days from the date of its receipt.

6.2. If the Remote Worker has the right or obligation to contact the Employer with an application, provide the Employer with explanations or other information, he can do this in the form of an electronic document.

6.3. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

6.4. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

6.5. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.

6.6. This employment contract may be terminated on the grounds provided for by current labor legislation.

6.7. Termination of an employment contract for remote work at the initiative of the Employer is carried out on the following grounds: .

6.8. If the Distance Worker is familiarized with the Employer’s order (instruction) on the termination of this employment contract in the form of an electronic document, the Employer on the day of termination of this employment contract is obliged to send the Distance Worker by registered mail with notification a duly executed copy of this order (instruction) on paper.

7. ADDRESSES AND DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Telecommuter Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

8. SIGNATURES OF THE PARTIES

Employer _________________

Remote worker _________________

Please note that the employment contract was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

We’ll look at how to correctly draw up an employment contract on remote work together with Irina Savelyeva, head of HR projects at SKB Kontur.

Let's designate the distance

The HR department employee and the head of the enterprise need to understand that such an employment contract can only be concluded with those employees who can perform their work remotely, via the Internet. Therefore, in the “Subject of the contract” section, be sure to write down the main characteristics of a remote worker:

  • the employee performs his labor functions outside a stationary workplace controlled by the employer;
  • For work and interaction between employer and employee, public information and telecommunication networks, including the Internet, are used.

The hiring date and probationary period are documented in a standard manner. But in the “Place of work” column you should indicate the employee’s address. This is not necessary, but it is important if the place of residence of the “remote worker” is one of the regions of the Far North or an equivalent area. You will have to pay all the required allowances to such an employee. In addition, the location of the remote worker, different from the location of the employer, will allow trips to the parent organization to be registered as business trips with all payments due.

Rights and responsibilities: how to protect yourself?

Most of the provisions of the “Rights and Obligations of the Parties” section of the contract with a remote employee do not differ from the provisions of a standard employment contract, but it should include several additional clauses. We are talking, for example, about the employee’s obligation to use equipment, software and hardware, information security tools and other means provided or recommended by the employer. This is necessary if the information that the remote employee will work with is a trade secret or contains data on any know-how.

If you need to strictly control a remote employee, fix the timing of contacting you via available funds communications: “The employee must be available for requests from the Organization using telephone or Skype from 10:00 to 16:00 on weekdays.” Here, in the employee’s responsibilities, indicate the procedure and deadlines for submitting reports on the completion of work. The more specifically you write: before the 15th of each month, every Monday, second and fourth Friday of the month, the fewer controversial situations will arise in the future.

Since communication with the employer, setting tasks, transferring finished product and/or reporting in most cases occurs via the Internet, it is worth defining the format in the employment contract for remote work feedback and the timing of confirmation that the other party has received the information. This could be a reply letter, SMS message, phone call.

In the “Employer Responsibilities” section, in addition to mandatory items on compliance with the Labor Code of the Russian Federation, timely payment of wages, etc., indicate the conditions for compensating the employee for costs associated with the performance of labor functions: Internet costs, mobile communications, rental of equipment and work space in a coworking space, etc.

Particular attention should be paid to the employer’s responsibilities in the field of labor protection. In relation to a remote employee, the organization must comply with the requirements of paragraphs 17, 20, 21 of Art. 212 of the Labor Code of the Russian Federation and familiarize employees with the rules for working with equipment and tools recommended or provided by the employer. The remaining paragraphs of Art. 212 does not apply to remote workers.

In most cases, a remote worker sets his or her own working and rest hours. However, the employer may insist that the employee devote at least a certain number of hours per day/week/month to work. This clause of the employment contract may look like this: “The Employee’s working hours and rest time are established by the Employee at his own discretion, taking into account the need for interaction between the employer (Organization) and the Employee on issues related to the performance of work. The working week is 30 (thirty) hours. Days off are Saturday and Sunday."

Why do you need to so scrupulously prescribe the reporting mode and feedback format? Violation of these provisions by a remote employee may be grounds for termination of the employment relationship. The Labor Code of the Russian Federation allows the inclusion of additional conditions for its termination at the initiative of the employer into the employment contract for remote work (Article 312.5). For example, if an employee sent a report twice late, has repeated complaints about the quality of the reports submitted, does not communicate within the agreed time frame, etc. - all this is a completely legal basis for dismissing a remote worker, if this is stated in the employment contract.

Real worker - electronic “papers”

The procedure for preparing documents when hiring a remote employee is regulated by Art. 312.1 and 312.2 of the Labor Code of the Russian Federation. The employee receives the employment contract form by e-mail, enters his data into it, signs it with an enhanced qualified electronic signature - this is a requirement put forward by the Labor Code of the Russian Federation - and sends it back to the employer. This does not cancel the employer’s obligation to send a properly executed paper copy of the document by mail no later than three days from the date of execution of the electronic contract.

The documents required to hire a remote employee (Article 65 of the Labor Code of the Russian Federation): passport, diploma, work record book, military ID, certificate of compulsory pension insurance - can also be received by e-mail in the form of pdf files. You have the right to request notarized paper copies by mail.

However, the employer can specify the requirement for the personal presence of the employee at the time of conclusion and termination of the contract. Then that's it necessary documents The employee brings it with him.

Art. 312.2 allows for the option when, by agreement of the parties, information about remote work may not be entered into the work book; moreover, a remote employee may not have a work record issued at all, even if this is his first place of work. If the employee insists on making entries, he sends his work book to the employer by registered mail with notification. An employee working remotely receives a certificate of state pension insurance independently.

Also, via the Internet, the employee gets acquainted with local regulations (Article 68 of the Labor Code of the Russian Federation): job descriptions, provisions on remuneration, bonuses, business trips, information security, etc. The traditional familiarization signature is replaced by an enhanced qualified electronic one. In the same regime, in compliance with the deadlines established by law, the organization transfers to the employee other documents related to his activities: additional agreement to the employment contract, notice of the beginning of annual paid leave, notice of changes in the terms of the employment contract, orders, instructions and other legal documents.

You must record all this in the employment contract: it can be included in a separate clause “Features of the organization of the employee’s work” or included in the clause “ General provisions" Don't forget to specify your email address, which will be used to communicate with the employee. Leave a field for email address employee.

In conclusion, I would like to repeat once again: you should not be afraid of remote employment. A remote employee means serious savings for the employer: there is no need to equip additional workplace, spend money on special assessment working conditions and much more. Fruitful and comfortable interaction largely depends on how detailed you write down all the conditions in the employment contract with a remote employee.

about remote work (with a remote worker) in a person acting on the basis, hereinafter referred to as " Employer", on the one hand, and gr. , passport: series, No., issued, residing at the address: , hereinafter referred to as “ Telecommuter", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. SUBJECT OF THE AGREEMENT

1.1. Under this employment contract, the Remote Worker undertakes to perform labor functions in his profession outside the location of the Employer, its branch, representative office, other separate structural unit (including those located in another locality), outside a stationary workplace, territory or facility directly or indirectly under the control of the Employer , subject to the use of public information and telecommunication networks, including the Internet, to perform this job function and to carry out interaction between the Employer and the Employee on issues related to its implementation, and the Employer undertakes to provide the Remote Worker with the necessary working conditions provided for by the labor contract legislation, as well as timely and full payment of wages.

1.2. The employment contract is concluded for an indefinite period.

1.3. The employee is required to start working in 2019.

1.4. The probationary period for employment is months.

1.5. Work for the Employer is a place of work for the Employee.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The employee has the right to:

  • providing him with work stipulated by this Agreement;
  • payment of wages in the amount and in the manner provided for in this Agreement;
  • rest;
  • complete reliable information about working conditions and labor protection requirements;
  • protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
  • compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;
  • compulsory social insurance.

2.2. A remote worker is obliged to:

  • conscientiously perform their duties as provided for in the job description;
  • when performing his duties under this employment contract, use equipment, software and hardware, information security tools and other means provided or recommended by the Employer;
  • no later than the date of each month, submit reports to the Employer on the work performed in the form of an electronic document;
  • take care of the property provided to him by the Employer;
  • systematically improve your skills;
  • at the request of the Employer, send him by registered mail with notification notarized copies of the documents provided for in Article 65 of the Labor Code of the Russian Federation, on paper.

2.3. The employer has the right:

  • encourage the remote worker for conscientious, effective work;
  • require the Remote Worker to perform their job duties and take care of the Employer’s property;
  • bring the Employee to disciplinary and financial liability in the manner established by the Labor Code and other federal laws.

2.4. The employer is obliged:

  • comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
  • provide the Employee with the work stipulated by this agreement;
  • provide the Employee with equipment, software and hardware, information security means and other means necessary for the performance of his labor duties under this employment contract;
  • familiarize the remote worker with labor safety requirements when working with equipment and tools recommended or provided by the Employer;
  • pay the full amount of wages due to the Employee within the time limits established by this Agreement;
  • familiarize the Employee with adopted local regulations directly related to his work activity. If a remote worker must be familiarized in writing, including against signature, with adopted local regulations directly related to his work activities, orders (instructions) of the Employer, notifications, requirements and other documents, he can be familiarized with them by exchanging electronic documents with the Employer;
  • When a remote worker submits an application for the issuance of duly certified copies of work-related documents, no later than three working days from the date of filing the said application, send these copies to the remote worker by registered mail with notification or, if indicated in the application, in the form of an electronic document ;
  • carry out compulsory social insurance of the remote worker in the manner established by federal laws. To provide mandatory insurance coverage for compulsory social insurance in case of temporary disability and in connection with maternity, the Distance Worker sends to the Employer the original documents provided for by federal laws and other regulatory legal acts of the Russian Federation by registered mail with notification;
  • compensate for damage caused to the remote worker in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation.

2.5. In order to ensure safe conditions and labor protection for the remote worker, the Employer is obliged to provide:

  • investigation and recording of industrial accidents and occupational diseases in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;
  • fulfillment of orders of officials of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, and consideration of submissions public control bodies within the time limits established by the Labor Code of the Russian Federation and other federal laws;
  • compulsory social insurance of employees against accidents at work and occupational diseases.

2.6. The parties have other rights and perform other obligations provided for by current labor legislation.

3. WORKING AND REST TIME

3.1. The working hours and rest hours of a remote worker are set by him at his own discretion.

3.2. The remote worker is provided with:

  • annual basic paid leave of 28 calendar days;
  • annual additional paid leave of days.

3.3. Paid leave is provided to the Remote Worker at any time of the working year in accordance with the order of provision of annual paid leave established by the Employer.

3.4. A remote worker may be granted leave without pay in accordance with current labor laws.

4. CONDITIONS OF PAYMENT

4.1. A remote worker is paid a salary of rubles per month.

4.2. For conscientious performance of labor duties, the remote worker is paid a monthly bonus in the amount of rubles.

4.3. Wages are paid twice a month in the manner and terms established by the internal labor regulations and the collective agreement.

4.4. During the period of validity of this employment contract, the Remote Worker is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

5. RESPONSIBILITY OF THE PARTIES

5.1. In case of failure or improper performance by the Remote Worker of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

5.2. The Employer bears financial and other liability to the Remote Worker in accordance with the current legislation of the Russian Federation.

6. FINAL PROVISIONS

6.1. When the Parties interact through the exchange of electronic documents, enhanced qualified electronic signatures of the Remote Worker and the Employer are used in the manner established by federal laws and other regulatory legal acts of the Russian Federation. Each of the Parties to this exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other Party no later than days from the date of its receipt.

6.2. If the Remote Worker has the right or obligation to contact the Employer with an application, provide the Employer with explanations or other information, he can do this in the form of an electronic document.

6.3. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

6.4. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

6.5. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.

6.6. This employment contract may be terminated on the grounds provided for by current labor legislation.

6.7. Termination of an employment contract for remote work at the initiative of the Employer is carried out on the following grounds: .

6.8. If the Distance Worker is familiarized with the Employer’s order (instruction) on the termination of this employment contract in the form of an electronic document, the Employer on the day of termination of this employment contract is obliged to send the Distance Worker by registered mail with notification a duly executed copy of this order (instruction) on paper.

7. ADDRESSES AND DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Telecommuter Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

8. SIGNATURES OF THE PARTIES

Employer _________________

Remote worker _________________