Remote workers
Posted: Tue Jan 07, 2025 8:53 am
Finally, let's highlight another category of workers - remote employees. These are mainly people who work remotely on a permanent basis: for example, medical and sales representatives in the regions. They have no benefits compared to all other employees, but it is not easy to fire them. And the problem is not legislative: the Labor Code of the Russian Federation does not prohibit firing them on all possible grounds. Moreover, two additional grounds for dismissal were introduced for this category: they are specified in Art. 312.8 of the Labor Code of the Russian Federation.
The difficulty is different. Firstly, such an employee cannot be fired for absenteeism, although, in our experience, many try to do this. But such an employee does not have a workplace under the contract, that is, he has nothing to skip. Secondly, management errors. For dismissal at the initiative of the employer, primarily for culpable actions, there must be control points over the employee's work, specified in the documents.
The work schedule, communication methods, reporting panama whatsapp phone number deadlines and procedures, and familiarization with documents - all of this must be specified in the procedure for interaction with such an employee. Only in this case does the company have the tools for control and influence, and it is possible to fire the employee without fear of litigation. But, in our experience, 70% of companies do not have such a procedure for interaction or it is written carelessly.
On the topic: How should an employer process documents with an employee who has moved to another country?
Another example can be given. During the pandemic and partial mobilization, employers verbally agreed with employees to work remotely, and now they cannot bring them back, since there are no documents and signatures that clearly indicate the need to return to the office. As a result, according to the law, it is not possible to use any reason for dismissal.
In any case, it is the documentary fund that is the key to honest and open labor relations. Only correct documents that describe the situation and business processes in the company allow building symmetrically equal relations between the employee and the employer. On the one hand, the employee will definitely receive all the benefits and guarantees, on the other hand, if he violates the rules and does not perform the tasks, the employer will be able to protect his rights, including in court.
The difficulty is different. Firstly, such an employee cannot be fired for absenteeism, although, in our experience, many try to do this. But such an employee does not have a workplace under the contract, that is, he has nothing to skip. Secondly, management errors. For dismissal at the initiative of the employer, primarily for culpable actions, there must be control points over the employee's work, specified in the documents.
The work schedule, communication methods, reporting panama whatsapp phone number deadlines and procedures, and familiarization with documents - all of this must be specified in the procedure for interaction with such an employee. Only in this case does the company have the tools for control and influence, and it is possible to fire the employee without fear of litigation. But, in our experience, 70% of companies do not have such a procedure for interaction or it is written carelessly.
On the topic: How should an employer process documents with an employee who has moved to another country?
Another example can be given. During the pandemic and partial mobilization, employers verbally agreed with employees to work remotely, and now they cannot bring them back, since there are no documents and signatures that clearly indicate the need to return to the office. As a result, according to the law, it is not possible to use any reason for dismissal.
In any case, it is the documentary fund that is the key to honest and open labor relations. Only correct documents that describe the situation and business processes in the company allow building symmetrically equal relations between the employee and the employer. On the one hand, the employee will definitely receive all the benefits and guarantees, on the other hand, if he violates the rules and does not perform the tasks, the employer will be able to protect his rights, including in court.