CONTENTS OF THE EMPLOYMENT CONTRACT ON DISTANCE WORK

Abstract

In the scientific work, the author investigated the
features of the content of the employment contract for
remote work. It was established that the agreement of
the employer and employee on the terms of the
contract is important, as it allows to guarantee both
compliance with the labor rights of the remote
employee and to protect the employer from unwanted
costs associated with the production process.
Based on the analysis of scientific research and
current legislation, a list of mandatory and additional
conditions of the employment contract for remote
work was determined. It was established that the
current labor legislation partially determines the
content of the employment contract by enshrining the
Standard Form of the Employment Contract for
Remote Work. At the same time, the current Labor
Code of Ukraine (hereinafter referred to as the Labor
Code) contains a list of essential conditions of the
employment contract only under the conditions of a
simplified regime for regulating remote labor
relations.
The author investigated the features of the
individual contractual regulation of remote relations,
one of which is the use by the parties of the provisions
of the Standard Form of the Employment Contract for
Remote Work, the main purpose of which is to simplify
the procedure for concluding and ensuring a balance
of interests of the parties to the employment contract.
Taking into account the general provisions of the
legislation relating to the specifics of remote work, the
mandatory conditions of an employment contract on
remote work are highlighted, including: 1) start time;
2) condition on labor function; 3) place of work of the
remote worker; 4) duration of working hours and rest
time; 5) rights and obligations of the parties to the
employment contract; 6) conditions of remuneration;
7) conditions of material and technical support; 8)
labor protection.
Particular attention is paid to the conditions for
regulating working hours in the employment contract,
which may provide for a flexible work schedule based
on the principles of self-regulation of the work regime
and guaranteeing the employee the right to
disconnection.
The author investigated the issue of the
employer's implementation of digital monitoring in
order to record the working hours of a remote worker.
The need for the employer to comply with the
permissible limits of the use of modern technologies in
the context of respecting the rights of a remote worker
is emphasized.
Taking into account the provisions of current
legislation, the additional terms of the employment
contract for remote work include: conditions for
testing, protection of trade secrets to which the remote
worker has access in the course of performing work, conditions for providing additional benefits, improving working conditions, etc.

Keywords: remote work, employment contract, content of the employment contract, essential terms of the contract, rights and obligations of the parties.