Like in Russia
The transition to remote work was often accompanied by conflict. For example, employers reduced salaries for those working remotely. The workers demanded compensation for the costs of home Internet, electricity, etc. Now all the nuances are legally prescribed.
For example, you can conclude an employment contract completely remotely. Or, work outside the office for a set period of time, but no more than six months. And the third option is hybrid mode, when you can switch between working in the office and at home.
In most cases, the transition to remote work requires the consent of the manager and the subordinate. The provision has been established that the transition to remote work cannot be a reason for salary reduction. Additionally, during a temporary move to remote work, the employer must provide the employee with the necessary equipment and, if the employee uses his or her own equipment, compensate him for expenses in the manner and amount approved by local law. Travel subsidies are also provided to remote workers.
The Labor Code states that a remote worker can be fired if they have not been in contact for more than two working days without good reason.
The new rules do not prevent, as before, Belarusian citizens from applying for remote or hybrid jobs in Russian companies. The conditions may be specified in the employment contract or in an additional agreement to it. As for taxes, if a Belarusian works remotely with an employment contract and lives in Russia, 13% income tax will be withheld from him, like a Russian. If he permanently resides in Belarus, he will pay taxes there.
Experts point out that during the current year there have been no significant changes in the spread of the remote work format.
“This format can be considered well established in the Russian labor market; not full remote work, but partial work, the so-called hybrid mode, is becoming more common,” said Maria Ignatova, head of the hh.ru research service. – The dynamics of vacancies that offer remote work shows an increase. In eight months of 2023, their number reached the figure for the entire year 2022 – 330 thousand, but their share of the total number of vacancies remains low, less than 10 percent.
One notable trend is the regional expansion of remote work.
– If during the pandemic the main proportion of this type of vacancies was in Moscow and St. Petersburg, this year several regions show a higher proportion: these are several regions of the North Caucasus and the Far North, here one in three or four Vacancies during 2023 imply remote work,” said María Ignatova. – Notable changes are also occurring in professions where remote work is most frequently offered. Previously, remote work was most often offered to IT specialists, marketing specialists, designers, representatives of science and education, but during 2023 they show modest growth rates. Remote vacancies for sales managers and administrative staff have tripled.
The new rules, as before, do not prevent Belarusian citizens from applying for remote or hybrid work in Russian companies
According to hh.ru, the remote format is still widespread in the IT, finance, education, media, marketing, advertising, design and telecommunications sectors.
– Here it is expected that between 10 and 30 percent of all vacancies will work remotely. Remote work is less common in government agencies and in all industries where most of the staff are manual workers or related to trade, production or services, explained Maria Ignatova.
Remote work is less common in government agencies and among blue-collar workers. Photo: Arkady Kolybalov
Like in Belarus
With the entry into force of changes in labor legislation, the concepts of permanent and temporary remote work are introduced. This will happen from January 1, 2024.
Belarusians still have the possibility of working remotely, something that from 2020 will be regulated by an employment contract. For remote workers, certain safeguards apply, including the right to sick leave, vacation time, and salary. In case of violation by the employer, to defend his own rights, the employee has the right to contact the State Labor Inspection Department.
Thanks to the Internet, remote communication can be used by specialists from different fields: engineers, lawyers, translators, journalists, editors, designers, programmers, auditors, etc. The spheres in which the production of goods is taken as a basis are excluded. Simply put, remote is possible when an employee independently completes tasks and transmits the results of his work over a computer network. A remote employee can perform tasks using information and communication technologies anywhere convenient for him. In addition, the general norms of the Labor Code apply to you in the same way as to other colleagues in the state. Even in terms of working hours, vacations, guarantees, compensation…
According to the Labor Code, the employer, if justified by productive, organizational or economic reasons, has the right to change the working conditions of the employee, that is, transfer him, for example, to remote work or return him to the workplace. The Labor Code applies to all employees and employers who have entered into an agreement in Belarus, unless otherwise established by legislative acts or international treaties. At the same time, a remote employee can perform tasks anywhere, the main thing is to stay in touch with the employer through the information network. Only when concluding an employment contract is the employee required to be present in person.
What news is expected from January 1, 2024? The head of the main legal department of the Ministry of Labor and Social Protection, Valentina Maslovskaya, explained: for temporary remote work for any period of up to six months, it is not necessary to make changes to the employment contract; an order from the employer is sufficient. If we initially talk about combined remote work, then the corresponding condition will be included in the employment contract. The transfer of an employee from permanent remote work to combined work must be ensured by an additional agreement. If the initiative to switch to this form comes from the employer, then article 32 of the Labor Code comes into force, which establishes significant changes in working conditions. The employer must notify one month in advance and justify the reason. If an employee is not satisfied with such conditions, he may refuse and, in case of dismissal, must be paid two weeks’ average salary. By accepting, the employee will continue working.