PROBLEM ASPECTS OF FULFILLING OBLIGATIONS UNDER AN EMPLOYMENT CONTRACT ON TELEWORK

Abstract

The article examines the problem of proper
performance of contractual duties by the parties to a
remote work agreement.
It highlights the growing number of labour
disputes caused by the employer’s lack of physical
oversight, blurred boundaries of working time, and
difficulties in documenting work results. The author
analyses the provisions of the Labour Code of
Ukraine, the Standard Form of an Employment
Agreement on Remote Work, legal doctrine and case
law, including Supreme Court decisions from the postpandemic
and martial-law periods.
Typical disputes are illustrated: disciplinary
sanctions without clear evaluation criteria, refusal to
pay wages, violations of the right to privacy,
uncertainty regarding material and technical support,
and cybersecurity risks.
The advantages of a contractual model are
outlined—one that specifies the employee’s labour
function, procedures for task assignment and
reporting, channels of communication and
acknowledgement of instructions, an availability
schedule and the “right to disconnect,” as well as the
allocation of responsibilities for equipment,
reimbursements, and information-security standards.
Based on comparative-legal analysis and the
review of case law, the article concludes that the
current regulation is limited: it minimises tools for
enforcing discipline and transparent time accounting,
leaves gaps in evidencing the performance of work,
and fails to ensure proportional monitoring.
The author substantiates the need to standardise
contractual clauses and methodological guidance,
and to introduce digital tools (electronic reporting)
with guarantees of proportional oversight.
In conclusion, it is emphasised that
comprehensive alignment of legislation, contractual
practice and judicial approaches will reduce conflict,
enhance legal certainty, and ensure a fair balance of interests between employee and employer.

Keywords: remote work; remote employment; employment contract; contractual duties; labour discipline; right to disconnect; material and technical support; case law; martial law.