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Хотели как лучше, а получились новые правила дистанционной работы (часть I)
The law is called upon to adequately respond to the demands of the times, effectively supporting the economy, regulating relations in the world of work in such a way as, on the one hand, to prevent a social explosion, and on the other, to support sustainable economic development. This situation was especially aggravated in the context of the COVID-19 pandemic, when it was necessary to quickly take measures to reduce social contacts, transfer a significant number of workers to work from home, but without creating a collapse in the economy. The current labor legislation was not ready for such a task. In many cases, employers acted at their own risk and without legislative support.
To correct the current situation as soon as possible, the Federal Law of December 8, 2020 No. 407-FZ On Amendments to the Labor Code of the Russian Federation regarding the regulation of remote (remote) work and temporary transfer of an employee to remote (remote) work on the initiative of the employer in exceptional cases ”, which was supposed to fill the gaps and restore the relationship that allows employers to organize the performance of the work function by employees from home.
The article deals with the legal problems of the regulation of remote work in the conditions of its increasing use. The authors analyze the provisions of the new edition of Chapter 49.1 of the Labor Code of the Russian Federation, note its advantages and disadvantages. The authors come to the conclusion that this chapter in the updated edition left many questions unanswered, and in some cases made life difficult for employers.
The purpose of the study is to identify two main groups of workers in order to improve the legal mechanisms for regulating remote work - the teleworkers themselves and workers performing their work function remotely, and for each of them to identify their own peculiarities of the legal regulation of labor relations. Such a solution will allow to overcome a number of problems that workers and employers are already facing when concluding agreements on remote work.
The methodological basis of the research is made up of general, general scientific methods, as well as system-structural, formal-legal methods.
The authors, analyzing the provisions of Chapter 49.1 of the Labor Code of the Russian Federation in the new edition, give proposals for improving the wording, the introduction of which into the legislation will make it possible to achieve the effectiveness of labor law norms governing relations with the use of remote work