How to Ensure Self-Isolation of Employees?

As a result of imposing the high-alert regime, the Moscow Mayor’ Decree obliged employers to ensure that their employees are self-isolated at home. Companies that urgently rearrange business processes in order to allow the employees to telecommute face some difficulties in legalizing the new work format.

Telecommuting vs Remote Work

The Labor Code of the Russian Federation does not provide for the concept of ‘telecommuting’ and does not regulate a procedure for implementing it. However, it regulates the work of remote employees (Chapter 49.1 of the Labor Code of the Russian Federation). A remote employment contract may be concluded with an employee who:

• is located outside of the employer’s office, its branch, representative office or another economically autonomous business unit (including those located in another region), outside a stationary work station, territory or facility controlled by the employer directly of indirectly; and

• uses public data and communication networks including Internet to perform this job function.

If an employee can perform his/her duties using computer, telephone, various messengers, and other data and communication networks, it is worth to conclude a supplementary agreement on remote employment with him/her for the period of the adverse epidemiological situation.

It is currently not allowed by the Labor Code of the Russian Federation to combine remote work and work in the office. However, in emergency situation the company management may decide to commit a minor violation of the labor law and to include a clause providing that an employee may occasionally be present in the office in the supplementary agreement to the employment contract.

How to Formally Establish a Remote Work System

1. An employee may be transferred to remote work ONLY with the consent of the employee.

Some employees may not be able to work outside of the office due to unfavorable living conditions or family circumstances.

2. Conclude a supplementary agreement.

3. Any changes in the employee’s working hours and labor compensation shall be provided for by the agreement.

4. Solve any problem the employee may have with hardware.

The employer shall provide the employee with any required equipment (laptop, phone, etc.) or agree with the employee if it is possible to use private equipment for work-related purposes. According to Art. 188 of the Labor Code of the Russian Federation, it is required to pay a compensation to the employee for using personal property for work-related purposes. The amount of the compensation shall be agreed by the parties and specified in the supplementary agreement to the employment contract.

What to Do if the Employee’s Job Duties can be Fulfilled Remotely in Part Only?

In such a case an employee may be offered part-time remote work paid proportionally to the actual hours worked.

If the employee is not comfortable with the wage reduction due to part-time remote work, it is possible to formally establish downtime for the period he/she performs his/her job duties. For example, the employee works 4 hours 5 days a week that is part-time work, while 4 hours a day is a downtime period. Or the employee works 4 days a week and the 5th day is a downtime period. Other combinations are possible.

If the employee’s position does not allow for remote work, the entire period of quarantine (till April 10, 2020) shall be declared a downtime period.

How to Officially Establish Downtime

According to Art. 72.2 of the Labor Code of the Russian Federation, temporary suspension of work due to economic, technological, technical or organizational reasons including epidemics shall be deemed downtime. Although epidemic has not been officially announced in Moscow yet, the situation may well be deemed an exceptional case threatening the life and normal living conditions of people.

Due to the fact that some establishments are under quarantine, companies loose suppliers, sales of manufactured products are suspended, meetings with customers and clients are cancelled, business trips are stopped, which are the grounds for establishing downtime.

1. The company management shall issue an order on downtime in the company or a separate division.

2. The order shall contain economical or technological reasons that arose in connection with the coronavirus infection outbreak and shall refer to the requirement to ensure self-isolation at home in accordance with the Moscow Mayor’s Decree.

How to Use a Leave to Ensure Self-Isolation of an Employee?

It is worth to make a list of the employees who have a lot of leave days accumulated for the previous working periods. Ask the employees to submit leave requests now. So, you solve two problems at a time: to spend the remaining leaves in accordance with the law and to promote self-isolation of the employees. You will not have to officially establish downtime or to transfer the employees to remote work.

If the employees have leaves scheduled for the nearest future, make them use these planned vacations; do not agree to reschedule them.

As for unpaid leave, in accordance with Art. 128 of the Labor Code of the Russian Federation, it may be granted to an employee based on his/her written application due to family circumstances and other good reasons. The employer should not insist on an unpaid leave. It is a violation of the Labor Code of the Russian Federation.