Елена Самтынова
AllaSerebrina / Depositphotos.com
В Госдуму поступил законопроект, которым предлагается предусмотреть в Трудовом кодексе норму, регулирующую временное или частичное выполнение работником своей работы вне стационарного рабочего места. Как отмечают авторы инициативы, в настоящее время в условиях сложной эпидситуации многие организации перешли на временное или частичное осуществление трудовой деятельности работниками в дистанционной форме. В связи с чем возникла проблема оформления соответствующих правовых отношений, так как действующее трудовое законодательство регулирует постоянный характер дистанционной работы и не содержит специальных норм о временном или частичном выполнении дистанционной работы.
Поэтому предлагается1 в ст. 57 ТК РФ предусмотреть возможность временного или частичного выполнения работником своей работы в дистанционной форме. Если трудовой договор будет предусматривать такую возможность, то в нем должен быть прописан срок, в течение которого работник временно выполняет работу в дистанционной форме, или график частичного выполнения работы дистанционно. Кроме того, в таком трудовом договоре необходимо будет прописать условия выполнения работы, а именно:
режим рабочего времени; способы и средства связи работника и работодателя; порядок обеспечения работника оборудованием, инструментами, технической документацией и иными средствами и предметами, необходимыми для исполнения трудовых обязанностей, либо порядок предоставления соответствующей компенсации; порядок представления работником результатов выполненной работы и их приема работодателем.
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По мнению авторов законопроекта, его положения не утратят актуальность после изменения эпидемиологической обстановки. Принятие закона позволит обеспечить четкость и однозначность в применении законодательных норм, а значит и реальные гарантии соблюдения прав и обязанностей работников и работодателей.
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1 С текстом законопроекта № 966659-7 «О внесении изменений в статью 57 Трудового кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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