CONCEPTS AND SIGNS OF AN EMPLOYMENT CONTRACT FOR DISTANCE WORK

Abstract

In the scientific work, on the basis of domestic
scientific approaches to understanding the general
concept of an employment contract, taking into
account the special conditions of remote work, the
essential content of the category "employment
contract on remote work" was investigated. On the
basis of its multi-purpose meaning, the labor contract
on remote work is considered as: 1) the basis for the
emergence of labor relations; 2) as a sub-institute of
labor law; 3) as an agreement between the employee
and the employer as an individual regulator of remote
labor relations.
In order to identify the specific features of an
employment contract on remote work, the general
features of an employment contract were investigated,
which include: the existence of an agreement and the
employee's performance of the work defined by the
employment contract; compliance with the rules of the internal procedure, provision of working conditions
by the employer; payment of wages to the employee.
Taking into account the provisions of the current
labor legislation, the following features of remote
work are highlighted: performance of work by the
employee outside the employer's workplace; use of
information and communication technologies; the
employee's choice of workplace; organization of the
workplace by the employee at his own request; lack of
compliance with internal labor regulations; inability
of the employer to provide safe and healthy working
conditions.
On the basis of the investigated features of
remote work, the following features of the remote work
contract, which are different from the usual labor
contract, are singled out, such as: the absence of a
condition regarding the subordination of employees to
the rules of the internal procedure; performance of
labor functions outside the employer's premises; the
possibility of concluding an employment contract on
remote work in electronic form, which is equivalent to
a mandatory written one, etc.
Based on the legislative and scientific
approaches to the definition of the concept of
"employment contract", taking into account the
features of remote work investigated in the scientific
work, an author's definition of the concept of a remote
work contract is given, which reflects the essence of the labor contract as an individual regulator of remote labor relations between the employee and the employer.

Key words: remote work, labor legislation, labor contract, electronic form, information and communication technologies, martial law.