The work that citizens do at home is strictly regulated by law. These persons, as well as other employees of the organization, must have in their hands an employment contract, which will indicate all the conditions for their activities at home. In addition, the materials necessary for labor are issued to homeworkers by their employer or bought for their money, after which all expenses are reimbursed by the head.
Definition
Persons engaged in labor activities at the place of residence are called homeworkers. They perform work using all the materials and tools that are issued by the organization, or purchase them at their own expense. In the event of breakdown or wear and tear of working equipment, all expenses are compensated by the head.
All the features of regulation of homeworkers' labor are enshrined in a separate chapter of labor legislation, and should also be spelled out in detail in a contract concluded with the employer.
These persons can fulfill the duties assigned to them together with their relatives, only the latter will not enter into official relationships with the head and receive a salary for this.
Norms that restrict the application of general rules and establish additional ones for certain workers are features of the regulation of the work of homeworkers. The concept of them is fixed by the Labor Code of the Russian Federation.
Legal status
Persons performing work at home are subject to all labor laws. In addition, all local acts available in the organization should directly regulate the work of employees working at home, and cannot contradict the norms enshrined in the Labor Code of the Russian Federation.
Job application
When concluding an employment contract with a homeworker, the manager is obliged to familiarize him, with signature, with local acts available in the organization. After which he must issue a job order. An entry in the workbook of this employee is made by the employer only after he completes his first order.
The contract concluded between the management of the enterprise and the person who will carry out labor activity at home must necessarily stipulate that the person is accepted for work at his place of residence. This is necessary so that in the future the employee has the opportunity to avoid conflicts with his superiors and protect his rights. In addition, the peculiarities of the regulation of the work of homeworkers consist in the fact that only certain categories of citizens have a legal right to such work.
Preemptive right
The Regulation on the work of homeworkers defines the following categories of persons who can carry out labor duties at home:
- women with children under the age of fifteen;
- citizens receiving an old-age pension, as well as existing without it;
- disabled people;
- full-time students;
- people who care for sick members of their family.
That is why not everyone who wishes can be an employee of the organization working at the place of residence, since preference when choosing candidates will be given to those citizens who fit the categories of people specified in the law. In addition, the peculiarities of the regulation of the work of homeworkers are that, working at home, employees can use the help of their households, but nevertheless the latter will not have any relationship with this enterprise.
Contract
An agreement between a homeworker and his boss must be recorded in writing. In this case, the following should be spelled out in the employment contract:
- information about the person performing work at the place of residence, and about the head of the organization;
- payment and other types of material support;
- place of activity of the employee;
- the right to vacation in the number of calendar days, you can also specify additional time for rest;
- the time of repair of the equipment in case of its malfunction, as well as the allocation of funds for this by the enterprise;
- terms of export of finished products;
- providing a person with necessary tools and materials.
In addition to the above points, there may be other features of the regulation of work of homeworkers, which will include:
- payment of a sum of money for embezzlement of electricity, water and gas in the manufacture of products that are paid by the employer to the employee’s account on time;
- compensatory allowance for dismissal, when the latter is made at the request of the enterprise management.
Conditions
Persons who are accepted to carry out work at home should be informed by the head that their living quarters will be checked by the fire control and sanitary authorities for compliance with the conditions of labor protection. In addition, a trade union committee will be involved here, which should also record the fact that housing conditions allow a citizen to perform official duties at the place of residence. Prior to these activities, the implementation of work by a person at his place of residence is unacceptable, since this violates the norms of the law.
Compliance with labor protection conditions is also included in the particular regulation of the work of homeworkers who will perform official functions in their apartment and must be very well prepared for this.
Professionalism
Before hiring a citizen to carry out work at home, the employer must verify his professional skills by conducting an interview, and then make a decision about his employment. In addition, the manager can offer a person who, due to health reasons, cannot take part in the production process at the enterprise, take advanced training courses and increase productivity at home.
Local acts of the organization and the collective agreement must contain all the features of regulation of work of homeworkers. Briefly describe all cases of their employment, production rates terms of payment and leave.
Remuneration
The work of homeworkers can be rewarded according to the following wage systems:
- time-based;
- piecework.
In the first case, the salary of such an employee will depend on the amount of time worked by him, qualifications and conditions of the production process. In the second - from the volume of manufactured products, but also taking into account technical and living conditions.
Nevertheless, all the features of the regulation of the work of homeworkers and workers of other categories of the organization should be spelled out in the contract, which is concluded with the head and includes all the necessary points regarding payment for work.
Certain categories
Homeworkers belong to the group of people whose work is regulated by a separate chapter of the labor code. Because the general procedure for concluding an employment contract does not apply to them, and in addition, there are some features for regulating the performance of these citizens that do not apply to all other employees.
Features of the regulation of the work of homeworkers and transport workers are similar to each other in that they carry out official activities according to certain rules and regulations of the law. For example, citizens who manage buses cannot work part-time, and working at home should belong to the category of people who are entitled to such work.
Remote activity
Remote employment, which is carried out by a person outside the location of the employer's organization, using the Internet’s capabilities, is quite widespread in society. In this case, the exchange of documents between the two parties occurs through electronic communication. The work book is not executed, only a distance work agreement is made, the second copy of which is sent to the citizen.
If the employee decided to apply to the boss with a statement, he can do this by electronic communication or send him by registered mail with a notification.
Remote work using the Internet can be done by an employee at home, which also applies to the particular regulation of homeworkers. Remote work in this case may be associated with paper work, sticky envelopes, pen assembly, writing various works.
When an employee submits an application stating that he needs certified copies of documents related to labor activities, these papers must be sent to the person by registered mail or in the form of an electronic document within 3 days.
Termination of work
An employment contract between the head and the homeworker may be terminated on the grounds provided for by the Labor Code. At the same time, on the last day of the employee’s work, the boss must fully pay it off and pay all the funds put to the latter. Otherwise, a citizen may apply to the court for the protection of violated rights.
Arbitrage practice
Persons whose labor rights have been violated may appeal to the court with a complaint against a manager who did not consider it necessary to comply with the terms of the contract. In addition, if the completion of the employee’s official activities was initiated by the head, in violation of the Labor Code, then, accordingly, a citizen can apply for reinstatement.
Case study:
A citizen was hired by the organization to carry out work duties at home. In the contract on the employee’s official activities, the head did not indicate the place where the employee performed his labor duties, and the latter did not pay attention to this, after which he was fired from the organization for some time. A citizen was forced to appeal to a judicial authority.
From the materials of the case it follows that the head of the organization significantly violated the particulars of regulation of work of homeworkers, the working conditions of which are indicated in article 310 of the Labor Code of the Russian Federation, which also states that these categories of employees carry out their official activities at home.
The court also pointed out that citizens who work at home should belong to those groups of people who are permitted by law to do such work. This is the main feature of the regulation of the work of homeworkers, the procedure for admission to the organization of which should be regulated by local acts and a collective agreement in compliance with all the norms of the Labor Code of the Russian Federation.
A citizen was reinstated in the workplace with compensation for forced absenteeism.
