Remote work in Belarus has become an increasingly popular and in-demand way of organizing work. Thanks to the use of modern technologies and communication tools, employees can effectively perform their duties without leaving home or being in a remote area from the employer. This article will discuss innovations in the organization of remote work that have been operating in Belarus since 2024.
What kind of work is related to remote
Work is related to remote work when it meets all the criteria:
- The employee performs work outside the place where the employer is located.
- The employee performs the work and interacts with the employer using information technology.
Any employee who fits these criteria is considered to be working remotely.
Remote work can be
- Permanent.
- Temporary. This includes remote work, which is performed continuously, but no longer than 6 months in a calendar year.
- Combined. This is a job that can be permanent or temporary, provided that remote work and work in the place where the employer is located alternate.
When it is possible to arrange remote work with an employee
You can negotiate with an employee about remote work:
- When applying for a job. It is possible to conclude an employment contract for remote work only with an employee in person. That is, he must be physically present at the place of conclusion of the employment contract — this is the place where the company is located.
- After hiring.
- In the process of changing essential working conditions on the initiative of the company, when such changes are caused by reasonable economic reasons.
The fact that an employee performs work remotely must be recorded in the employer’s order or in the employment contract.
In the employment contract with an employee or in the Regulations on remote work in the company, it is defined
- Conditions for the exchange of documents or electronic messages between employees and the company. You can specify that you do not need to exchange documents on paper, but rather electronic messages and documents.
- The order in which an employee is provided with equipment and other means for remote work.
- The procedure for paying compensation for the use of employees’ own or leased equipment and information security tools.
- The mode of working time and rest time of the remote worker.
- Conditions for the employee’s call and exit to work at the employer’s location.
- The procedure for granting leave to a remote employee.
- The order of interaction between the company and the remote employee.
You may not list all these points in the employment contract, but refer to the Provision on remote work, which is common to everyone in the company.
How to transfer an employee to remote work
The procedures for transferring an employee to remote work vary depending on whether such a transfer takes place by agreement between the employee and the company or on the initiative of the company.
1. By agreement between the employee and the company
In the case when an employee writes an application for transfer to remote work, and the company does not object, an order for transfer to remote work is issued and changes are made to the employment contract that is concluded with the employee.
2. At the initiative of the company
A company may decide to transfer employees to remote work when there are organizational, industrial or economic reasons for such a step. In this case, employees will expect a change in essential working conditions. The change of essential working conditions in the company is carried out step by step.
Step 1. Justification of the transfer to remote work
To justify the transfer of employees to remote work for reasons of an industrial, organizational or economic nature.
Step 2. Issuing an order to change essential working conditions
The order usually prescribes:
- Reasonable reasons for changing the mode of operation to remote.
- What the changes in essential working conditions are.
- How long remote work is being introduced.
- In what order should employees be warned about changes in essential working conditions and explain to them the consequences of refusing to continue working remotely.
Step 3. Warning the employee 1 month in advance about the transfer to remote work
It is possible to warn employees for a longer period than 1 month. But the date of transition to remote work, which is prescribed in the order, cannot be shifted to an earlier one.
You can warn employees about transferring to remote work in one of the following ways:
- Issue an individual warning for each employee.
- Arrange all the information in the text of the order under the signature with the date.
You can use both warning methods at the same time.
Step 4. Get the employee’s consent for remote work or refusal
The employee prescribes the consent or non-consent of the employee to work remotely in the warning about changes in essential working conditions. An employee can write a statement of consent or disagreement.
The main thing is that it is possible to understand the will of the employee regarding the transfer to remote work.
The employee’s disagreement with the transfer to remote work is expressed in the same way as consent: in the text of an order or warning, or in a statement.
The employee is not obliged to respond with consent or refusal to transfer to remote work on the day of issuing a warning to him. He has a month to make a decision. Although it is beneficial for the company to know in advance about the employee’s plans in order to plan budgets.
Step 5. Amendment of the employment contract or termination of the employment contract
Depending on what the employee has decided: to continue working remotely or to refuse such work, the consequences for the company are different.
1. The employee has agreed to remote work.
In this case, not earlier than one month after the employee’s warning, the work mode is changed to remote. The company is preparing an order to change the employment contract with the employee and an additional agreement to the labor agreement with a change in the working mode to remote.
2. The employee refused to work remotely.
In this case, the employment contract concluded with the employee is terminated due to his refusal to continue working with the changed essential working conditions. In this case, the employee needs to pay severance pay: no less than two weeks of average earnings.
It is important for the company to pay attention that it is necessary to receive a written response from the employee to the warning about the transfer to remote work. Since silence in response to a warning does not give the head of the company an understanding of the further development of events in relation to such an employee and may cause difficulties in organizing the work of a silent employee.
How we can be useful in hiring and transferring employees to remote work
Our employees are experienced specialists in the field of labor law. We can:
- Advise you on the issues of hiring and transferring employees to remote work.
- Develop a Regulation on remote work for your company and other documents on the organization of remote work.
- Prepare documents on the admission of an employee to remote work and documents on the transfer to remote work for various reasons.
- Accompany the process of changing essential working conditions in the company in connection with the transfer of employees to remote work.
Contact us
If you have any questions related to remote work, we will be happy to help you! Our many years of experience in the field of labor law will help you resolve any disputes.
Phone and e-mail communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
