Problems of Legal Regulation of Employees’ Remote Work in Terms of Pandemic

Abstract

Based on the analysis of scientific views of scholars and current legislation of Ukraine, it has been argued that the announcement of a pandemic and the introduction of measures aimed at limiting public contact have accelerated the normative and legal regulation of remote employment, which has already developed into global quarantine. Teleworking, as well as remote work provided by the Labor Code – are priority forms of remote work in a pandemic, which contribute to the implementation of anti-epidemic measures.

It has been emphasized that the last stage of legal regulation of remote employment was a clear distinction between teleworking and remote work. It has been substantiated that the features that distinguish remote work from teleworking should include: first of all, the place of remote work, namely: outside the working premises or territory of the owner or his authorized agency by the employee’s choice; secondly, the mandatory use of information and communication technologies.

It has been noted that according to the place of remote work we can distinguish remote work, which is carried out: a) only in a place (places), which is determined by the employee; b) in a place determined by the employee with a combination of the employee’s work at the working place in the premises or on the territory of the owner of the enterprise, institution, organization or its authorized agency by the agreement between the employee and the owner of the enterprise, institution, organization or authorized agency.

It has been generalized that the problems of legal regulation of remote work in a pandemic should include the legal regulation of protecting labor rights during remote work, in particular the issue of rationing and remuneration. It has been emphasized that the current legislation should define groups of employees, including a list of positions of officials who, due to the specifics of their activities, cannot work remotely.