The Ministry of Labor recommended that employees be transferred to remote work due to coronavirus. The TC of the Russian Federation contains several provisions on the specificity of labor organization in conditions of emergency. The latter included epidemics and pandemics. Social distancing is recognized as one of the most reliable ways to curb the spread of the disease. But Russian law has several aspects.
Remote work in connection with coronavirus is a new experience for many Russian companies. The law states that an employee’s consent is not required to move him to another place to perform labor. This applies to the situation if there are no changes in the terms of the employment contract. It should be remembered that in Part 2 of Article 72.2 of the Criminal Code of the Russian Federation states that it is possible to transfer an employee without his consent for a period of up to one month to another job with the same employer in order to reduce the risk of development epidemic or to address its consequences.$
Many workers, aware of the complexity of the situation, are willing to voluntarily switch to remote work due to coronavirus. The employee’s salary for this period is maintained, calculated according to the rules that were prescribed in the employment contract. The transition initiative can come from both the employee and management.
Registration of remote work in connection with coronavirus
A remote work in connection with coronavirus is performed in three stages:
- The employee writes a statement.
- The employer makes an order.
- An additional agreement is being drafted.
The order and statement are made in free form, as there is no form for these purposes. The application must contain information:
- about the employer;
- employee himself;
- the request for remote transfer; the period;
- reasons for the transfer.
remote work order must be made obligatory. Failing to do so, the employee risks being fired because of absenteeism. Documentary confirmation will allow not to officially enter the workplace. Try to personally see that a remote work order in connection with coronavirus is signed, it has a record of keeping wages.
The order specifies the reason for the transfer. It may be indicated that the decision is made in connection with the threat of distribution of COVID-19 on the basis of an employee’s application or in connection with an employee’s agreement.
Executive orders, including remote access to the working computer, retention of all staff duties in full, and others, are also given.
When performing remote work in connection with coronavirus, one order can be issued for an entire team. All stages mentioned above are retained. An orientation sheet is attached to the order. It must place their signatures on all employees referred to by the disposal.