How to make employee?
Today, employers used to choose between employment and civil law contracts. Meanwhile, a couple of years as have the opportunity to take on a "remote worker". This option has its significant advantages: the employee is not obliged to sit constantly at the office, but remains on a "short leash" of the employment contract. Let's see if this kind of collaboration is right for you, and understand how to avoid potential problems.You have to compare
What is the difference between all three types of contracts? Let us briefly examine their characteristics.
Contract of employment vs. civil contract
In the employment relationship the nature of work permanent contract is not limited to a specific job or achieve a result. In civil contracts the work has the specific requirements of the customers.
If you prefer civil law contracts, we strongly recommend to perform your choice again. From 2014 a simplified procedure for the recognition of civil contracts of labour (article 19.1 of the labour code) in connection with the adoption of the law "On special assessment of working conditions".
Remote worker vs. a "regular" employee
In the employment contract the employee is obliged to obey the internal labor regulations. Remote worker usually sets the mode of work and rest myself. But it is easier to dismiss at the initiative of the employer (details below).
Remote worker vs. the outworker
is still quite often confused remote worker outworker. The outworker is fundamentally different because it performs work at home from materials and with use of tools and mechanisms, allocated with the employer or purchased by the outworker for its own account (article 310 of the labour code). Thus, the outworker must "have something to do with my hands" and produce a tangible product. Usually for this kind of work take people with disabilities who cannot work at ordinary jobs. Unlike homeworkers remote employee works mainly head and produces real results.
We estimate results, not the time
As to consider how much time is actually spent by the employee in performing the work? How to determine the mode of his working day? Here are two possible options:
- Not provide a specific timetable working time, to give the employee the right to decide when to work and when to rest (article 312.4 of the labour code).
- To set a specific mode of working day and rest time in the employment contract (or to refer to internal documents of the employer).
Of course, the fixed working hours do not guarantee that the employee will not abuse their time away from the office. That is why, try to evaluate his work not on time, but the result is important in remote work. So read the following section of this manual, set precise objectives, define clear deadlines and demand their performance!
Accept the results of the work
the Employer may specify in what form to receive from the remote employee information on the work done. It should be stated in the employment contract or in their regulations. For example, you can require that the employee:
- send the results by email or upload to the server of the employer (in special program);
- to come to the office of the employer at the request of the supervisor, to present the results personally and to sign the act of acceptance-transmission works.
Such clarity is especially useful if you are working, creative people who create works of intellectual activity. With the right paperwork, you will be able to obtain rights to the results of this work.
Remove the pain: easy dismissal of the
Obvious advantage of the employment contract on remote work is that it may be terminated by employer only on General grounds but also on grounds stipulated by the labor contract (article 312.5 of the labour code).
Thus, the employer can fairly tightly control your remote employee. For example, to fire an employee for failure to comply with instructions, failure to perform task failure of deadlines or violation of order of granting of the results.
The dismissal is made according to the usual rules — the order of the employer for termination of an employment contract specifying the grounds, with the entry in the work book (only in the case that information about the remote work was it made).
If the contract on remote work is terminated on the grounds specified further in the contract as grounds for dismissal should indicate PP. 14 article 81 of the LC RF. Bonus: how to simplify document management
Get a digital signature as an electronic key to facilitate the life of the company. With its help you can remotely enter into an employment contract (article 312.2 of the labour code), to familiarize the employee with local regulatory acts, to obtain from him statement.
In some cases, the exchange of documents online is possible with the use of a plain text signature (for example, in emails). Thus it is necessary to specify in the contract that the documents received by email can be used as evidence in court. Thus, the design of the current documentation, working relationships, notifications, messages, and correspondence is possible, if desired, completely transferred to digital format. published
P. S. And remember, only by changing their consumption — together we change the world! ©
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