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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On introducing amendments to selected pieces of legislation Russian Federation adopted by the State Duma on March 22, 2013 Approved by the Federation Council on 27 March 2013 Article 1 Paragraph 1 of Article 7 of the Federal Law of 1 April 1996 of the year N 27-FZ " On individual (personalized) accounting in the system OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1401; 2001, N 44, sect. 4149; 2003, N 1, est. 13; 2011, N 49, sect. 7061) to be supplemented by the words "unless otherwise provided by the federal law". Article 2 Labour Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3; 2004, N 35, sect. 3607; 2006, N 27, sect. 2878; 2008, N 9, sect. 812; N 30, sect. 3616; N 52, sect. 6236; 2009, N 30, sect. 3739; N 46, st. 5419; 2010, N 52, sect. 7002; 2011, N 1, st. 49; N 25, est. 3539; N 49, sect. 7031; 2012, N 10, sect. 1164; N 14, est. 1553; N 31, st. 4325; N 47, st. 6399; N 50, st. 6954, 6959; N 53, est. 7605) add the following content: " Chapter 49-1. Employees Article 312-1: General provisions Remote work is the fulfilment of a labor contract by an employment contract out of the place of the employer, its branch, representation, other separate structural unit (including located in another area), outside the fixed working place, territory or facility directly or indirectly under the control of the employer, provided that the employment function is used and the interaction is carried out between the employer and the employee on issues related to its implementation; Public information and telecommunications networks, including the Internet. Remote workers are considered to be persons who have entered into an employment contract for remote work. Remote-workers shall be subject to labour laws and other acts containing labour laws, taking into account the characteristics set out in this chapter. In the event that this chapter provides for the interaction of a remote worker or the person entering the distance work, and the employer through the exchange of electronic documents, enhanced qualified electronic data shall be used. The signature of a remote worker or person entering the distance work and the employer in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation. Each of the parties to the said exchange is obliged to send in the form of an electronic document confirmation of receipt of the electronic document from the other party within the period defined by the work contract on remote work. If, in accordance with this Code, the employee must be familiar with the written form, including the painting, with the local regulations directly related to his or her employment, by orders (orders) of the employer, notifications, claims and other documents, the remote worker may be acquainted with them by exchange of electronic documents between the employer and the remote worker. In cases where the employee has the right or obligation to apply to the employer with an application, provide the employer with an explanation or other information, the remote worker can do so in the form of the electronic document. To provide compulsory insurance coverage for the compulsory social insurance in the event of temporary incapacity to work and in connection with maternity, the remote worker forwards the original documents to the employer to the employer. In accordance with federal laws and other legal acts of the Russian Federation, by mail a registered letter with notification. While applying for a duly authenticated copy of the documents relating to work (art. 62 of the present Code), the employer shall not be required to issue three working days after the date of submission of the said declaration Send the offsite worker these copies by registered mail with a notification letter or, if specified in the statement, in the form of an electronic document. Article 312-2. { \cs6\f1\cf6\lang1024 } Remote-work contract { \cs6\f1\cf6\lang1024 } { { \b } { \cs6\f1\cf6\lang1024 } Work contract { \cs6\f1\cf6\lang1024 } and { \cs6\f1\cf6\lang1024 } Remote Work Agreement { \cs6\f1\cf6\lang1024 } may be concluded through the exchange of electronic documents. At the same time, the location of the employer shall be specified as the place of conclusion of the labor contract on remote work, the agreements on the modification of the terms of the employment contract by certain parties. If the employment contract is concluded by means of exchange of electronic documents, the employer shall not later than three calendar days from the date of the conclusion of the contract of employment to send to the employee by registered mail with a duly completed copy of the paper copy of the employment contract. When concluding a work contract on remote work by exchange of electronic documents, the documents referred to in article 65 of this Code may be presented to the employer by the person entering the remote work in the form of the electronic document. At the request of the employer, the person is obliged to send him by post a registered letter notifying the notarized copies of the said documents on the paper. If the employment contract for remote work is concluded by exchange of electronic documents by the person who first enters into an employment contract, the person receives an insurance certificate of the state pension insurance on his own. The provision of electronic documents to the person entering into the contract of remote employment with the documents provided for in article 68, part 3, of this Code may be effected. By agreement of the parties to the employment contract, remote work information may not be entered in the employment record of a remote worker, but in the conclusion of the employment contract for the first time an employment record the worker may not be processed. In these cases, the core document on the employment and seniority of the distance worker is the copy of the remote work contract referred to in Part Two of this article. In the absence of the agreement specified in Part 6 of this article, the employee shall provide the employer with an employment record in person or by mail with an registered notice. In the employment contract for remote work, in addition to the additional conditions that do not worsen the situation of the employee in comparison with the established labour laws and other normative legal acts containing labour law rules, A collective agreement, agreements and local regulations (Part Four of article 57 of this Code) may provide for an additional condition of the duty of a remote employee to use in the exercise of his or her duties The working contract on the remote operation of equipment, Software, information security and other tools provided or recommended by the employer. Article 312-3. { \cs6\f1\cf6\lang1024 } Considerations for { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } equipment, software, information security and other means, order and deadlines for the submission of reports by remote workers on the work performed, size, order and date of payment of compensation for use by remote workers of their own or leased equipment, Software technology, information security and other means, the procedure for reimbursement of other offsite expenses is determined by the work contract on remote work. In order to provide a safe and secure environment for the work of remote workers, the employer shall perform the duties set out in paragraphs 16, 19 and 20 of article 212 of this Code, as well as Training of remote workers with the requirements of labour protection when working with equipment and facilities recommended or provided by the employer. Other duties of the employer to ensure safe and secure working conditions established by this Code, other federal laws and other normative legal acts of the Russian Federation, laws and other regulatory legal acts The constituent entities of the Russian Federation do not apply to remote workers, unless otherwise provided by a work contract on remote work. Article 312-4. Working time considerations and the rest time of the offsite worker Unless otherwise provided for in a remote work contract, the working hours and rest times of the offsite worker is installed at its discretion. The procedure for granting annual paid leave and other types of leave to a distance worker is determined by the employment contract in accordance with this Code and other acts containing labour standards. permissions. Article 312-5. The specifics of the termination of the employment contract about remote work Termination of the employment contract at the initiative of the employer is based on the grounds stipulated in the contract of employment. In the event of an order (by order) of the employer to terminate the employment contract, the distance worker shall be informed of the termination of the employment contract in the form of an electronic document, the employer on the date of the termination of the contract An employment contract is required to send a registered letter to the remote worker by registered mail with a duly completed copy of the order (s) on paper. ". Article 3 Article 1 of the Federal Law N 63-FZ " On electronic signature " (Russian Federation Law Assembly, 2011, N 15, p. 2036) supplement the words ", including in cases determined by other federal laws". President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 April 2013 N 60-FZ