On the rules for concluding an employment contract for those working remotely
According to the position of the Ministry of Labor of Russia, currently the labor legislation of the Russian Federation does not provide for employers to enter into employment contracts for remote work with a Russian citizen, a foreign citizen or a stateless person if he/she works outside the Russian Federation.
The position of the ministry is justified by the fact that the conclusion of an employment contract on such terms will violate the current norms of the Labor Code. What is more, the employer will not be able to fulfill its duties to provide remote employers with safe labor conditions and its protection (Part 2, Article 312.3 of the Labor Code of the Russian Federation). This will not be possible due to the fact that federal laws and other normative legal acts of the Russian Federation, that form labor legislation, operate only in the territory of Russia (Part 1, Article 13 of the LC RF).
In this regard, the Ministry of Labor recommends employers to enter into civil-law contracts, instead of labor contracts, with citizens residing outside the Russian Federation. It should be recalled that the Ministry of Labor has consistently adhered to this position, that is confirmed by the letter of the Ministry of Labor of Russia of April 15, 2016 No. 17-3 / OOG-578, letter of the Ministry of Labor of Russia dated April 15, 2016 No. 17-3 / OOG-378, letter of the Ministry of Labor of Russia Of December 5, 2015 No. 17-3 / B-534.
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