FEATURES OF REMOTE WORK UNDER MARTIAL LAW: LEGAL ASPECT
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 71)Publication Date: 2024-01-31
Authors : Tsesarskyi Feliks;
Page : 176-181
Keywords : labor relations; martial law; labor law; remote work;
Abstract
The article reveals the legal regulation and features of the use of remote work under martial law. The author concludes that the easiest way to register employees who have left the territory of military operations, do not have the opportunity to get to work, but can work remotely, is to introduce remote work. Remote work is a form of Labor Organization in which work is performed by an employee outside the workplace or on the territory of the employer, in any place of the employee's choice and using information and communication technologies. The employer must comply with the requirements of the legislation, the terms of the collective agreement and employment contract. He is also obliged to provide the employee with the necessary equipment, software and hardware tools, information security tools and other means to perform his duties, unless otherwise established by the employment contract. The parties to an employment contract have other rights and obligations stipulated by law. The author also defines the role of remote work in these emergency conditions, its special importance for the preservation of Labor Relations and the organization of relative labor safety. It is indicated that the proper legal regulation of the Institute of remote work at the level of the Labor Code and other legislative acts of Ukraine ensures the existence of a legal definition of remote work, the procedure and conditions for its application, requirements for the form and content of an employment contract, etc. It is indicated that the existence of a standard form of an employment contract for remote work indicates that the parties do not have the right to deviate from the content of the employment contract, but can specify its terms. The features of remote work are highlighted, which are determined according to the following criteria: application procedure, workplace, restrictions in use, operating mode, provision of production facilities, equipment, software and technical means, working hours, guarantee of rest time.
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