Labor Contracts May Not Be Signed With Employees Working From Abroad
Russia's Ministry of Labor explained that Russia's current labor legislation does not provide for labor contracts to be signed with off-site employees who will reside abroad. It does not matter if the employee is a Russian citizen, a foreign citizen, or a stateless person.
This is according to Russia's Ministry of Labor in its Letter of January 16, 2017 (No. 14 -2 / EGC-245).
The Ministry stated that such labor contracts would be in violation of Russian Labor Code because the employer would not be able to fulfill the legal obligation to ensure safe working conditions (Article 312.3). This is not possible because Russia's federal laws and other normative legal acts can only be enforced within Russia (Clause 1, Article 13 of the Labor Code). The Ministry has repeatedly made this argument and encourages employers to sign civil contacts with such individuals when they live abroad.
Off-site employees are legally defined as those who perform their duties outside the physical location of the employer via the Internet (Article 312.1 of the Labor Code). By agreement of the parties, entering the labor contract information for off-site employees into those employees' work books (a social security document in Russia) can be forgone. If the off-site employee is entering his/her first employment experience, the work book need not be formulated at all. (Clause 6, Article 312.2 of the Labor Code). Unless spelled out specifically by the employment contract, the employee sets his/her own working hours (Clause 1, Article 312.4 of the Labor Code).
The employer is still obliged to pay for mandatory social insurance against industrial accidents and occupational illness (Clause 2, Article 312.3 of the Labor Code).
Translated by Alinga Consulting Group.
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