Remote work in legislative environment
On November 3, 2020, draft law 4051 was approved in the first reading, which provides for the regulation of legal aspects of remote work in Ukraine.
It was necessary to settle the issue, because this year the amendments were introduced to the Labour Code by the laws of Ukraine, implementing, among other things, such form of work as remote work (work from home).
It should be noted that work from home was already provided for by the Labour Code, however, the by-laws governing the respective procedure are too outdated and do not meet the current challenges in the labor market. Amid rapid digitalization of the economy, the lack of law provisions enabling employers and employees to take advantage of up-to-date communication means, make further development of employment relations doubtful, and create a threat to life and health of the Ukrainian employees, as, for example, in case of COVID-19 spreading.
Therefore, draft law No. 4051 provides for the separate definition of “remote” work and “work from home” in the Labour Code, which will allow using a more desirable form of work. Among other things, when entering into an employment agreement, an employer is allowed to receive the information on the place of residence or other place where the employment function will be performed (for properly documented arrangements of the employee’s remote work). The employer will provide an opportunity for the employee to familiarize himself/herself with the internal code of conduct, the employer’s local bylaws, notices and other information, which the employee must familiarize himself/herself with in a written form, by means of electronic documents exchange, as well as the employee’s remote introduction to the occupational safety requirements by means of up-to-date information and communication technology, in particular, video communication.
This will allow an employer to ensure proper and secure working conditions for all the employees, in particular, those working from home or at a different place at their discretion. Because the provisions of the effective law cannot be executed objectively. This creates the basis for numerous conflicts between the employers, employees and controlling authorities, increases corruption risks and contributes to further shadowing of the labor market and demotivates the employers from entering into employment agreements with the employees actually working outside the employer’s territory or premises. The adoption of draft law No. 4051 in general will allow solving these issues.
Natalia Scherbak, a tax consultant of “Pryvatnyi Pidpryemets” (“Private Entrepeneur”), specially for “Mii Business” (“My Business” magazine)
