Regulation of telework in Russia and foreign countries

Abstract

The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.

Precarization as a form of negative impact of digital transformation on the system of labor rights realization

“…In Germany, the text of the Declaration on the Mental Health of Employees provides for a restriction on sending electronic correspondence to persons engaged in remote work on weekends [8]. In turn, Romanian legislation gives the labor inspection bodies the right to monitor the working conditions of persons engaged in telework, and establishes penalties against those employers who violate their obligations to ensure compliance with the labor rights of these persons [9]. Within the framework of domestic legislation, there is also a set of important provisions regulating various aspects of this issue, in particular, in the context of such aspects as compliance with the working regime of employees who carry out their activities in a remote format, and ensuring its protection.…”

The Experience of the Cis Countries in Regulating the Use of Atypical Forms of Work

“…Masofaviy ishchi uydan ishlashi shart emas, uning faoliyati sayohat, safar xarakteriga ham ega bo'lishi mumkin. Ikkinchidan, bandlikning bu shaklida axborot-kommunikatsiya texnologiyalaridan foydalangan holda masofaviy ish olib boriladi [6]. Rossiya qonunchiligi Amerika yoki Yevropa qonunchiligidan farqli o'laroq, qisman masofaviy ish bilan ta'minlash imkoniyatini nazarda tutmaydi.…”

“…Bundan tashqari, elektron mehnat shartnomasi tuzilganiga qaramay, qonun hujjatlarida shartnomaning qog'oz shakli mavjudligi talabi belgilangan. Shu sababli raqamli iqtisodiyot sharoitida amaldagi mehnat qonunchiligining xodim tomonidan mehnat faoliyatini amalga oshirishda ham, ish beruvchining xodim bilan o'zaro munosabatlarida ham qog'ozsiz kadrlar bo'yicha hujjatlar almashinuvini joriy etishga oid normalarini sezilarli darajada moder nizatsiya qilish zarur [6]".…”

Legal Risks Through The Prism Of Digitalization

“…Many organizations doing business have found themselves in a difficult situation due to self-isolation. Not all organizations have the opportunity, due to objective and subjective reasons, to work exclusively remotely (Kozhevnikov & Chudinovskikh, 2020). Under these circumstances, the risk in law has fully manifested itself, having served as an impetus for the emergence of legal consequences: layoffs, layoffs, the onset of legal liability.…”