SUITABLE CONTRACT WITH REMOTELY WORKING FOREIGN CITIZEN

Apr, 28 2017

What contract is appropriate to sign with remote working foreign citizen?

The first thing that is to be done is clarifying what namely the remote work is. According to the Russian Labor Code, the remote work shall include two characteristic:

  1. The work shall be done away from the permanent place of work
  2. The cooperation between employer and employee shall be exercised per internet.

Furthermore employer has the scope of obligations to such employee, including the providing of safety at the workplace, which is very complex to fulfill, especially when employee is working abroad.

That is why in situations of employment of foreign citizen, that shall work abroad, it is better to sign civil contract instead of labor contract e.g. service contract or contract of work and labor.

Ministry of Labor has similar views on this situation, it was confirmed by its letter dated 27.07.2016 N 17-3/В-292.