The Law of Ukraine “On Amending Certain Legislative Acts to Improve Legal Regulation of Remote Work” demarcates the concepts and legal regulation of flexible working mode, remote work, and work at home.
The Law of Ukraine No. 4051:
- prescribes the conceptual apparatus and establish that: remote work is performed by the employee outside the employer's premises in any place of his|her choice and with the use of information and communication technologies. Home-based work is performed by the employee at his place of residence or in other pre-selected premises, which are characterized by the presence of a fixed area, technical means (basic production and non-production assets, tools, appliances, inventory) or a combination thereof;
- provides employers with the opportunity to acquaint employees with orders, notices and other documents using electronic means of communication;
- establishes that the employer acquaints the employee with the rules of internal labor regulations and the collective agreement when applying them for a job;
- provides that at home-based work the general mode of work of the enterprise, establishment and the organization extend to workers;
- gives the employee the opportunity to demand from the employer a temporary (up to 2 months) transition to remote work, if actions have been taken against him with signs of discrimination;
- gives the opportunity to perform work on the terms of remote work for an employee who has a child under the age of 3 or takes care of a child until he or she reaches the age of six;
- provides for the conclusion of written agreements on full liability with employees performing work under an employment contract for remote or home-based work. Establish the employee's liability for damage caused by lack, destruction or damage to equipment and facilities provided for use by the employee to perform work under a contract for remote or home-based work.
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