Current issues of concluding an employment contract with an employee when performing work remote

Abstract

The article is devoted to the topical issues of concluding an employment contract with employees who work remotely. The author points out the relevance of the chosen research topic, as remote work is acceptable for both the employee and the employer both under normal circumstances and in certain crisis or atypical situations (for example, in the introduction of quarantine restrictions in Ukraine in connection with the COVID-19 pandemic). According to the author, the expression of the will of both to conclude an employment contract for remote work (at home) should be considered a prerequisite for the formation of atypical employment relations between the employee and the employer.

In the study of doctrinal approaches to determining the form of employment contract, the author pays attention to the fact that some scholars determine the possibility of choosing an electronic form of employment contract with employees working remotely. The author agrees that the electronic form of employment contract, along with written, has the right to exist and its appropriate enshrinement in labor law, including it can be used in relation to the consolidation of employment of home workers.

The author analyzed the current labor legislation, which defines the concept and form of employment contract for telework, especially the definition of its conditions, which led to the conclusion that the legal regulation of telework in general and the procedure for concluding employment contracts with employees working remotely. narrowed and needs further improvement. Inconsistency of labor legislation in terms of concluding employment contracts with employees who work remotely, the transformation processes taking place in society, is not only a problem for both the employee and the employer, and for the state as a whole, as it potentially affects its economic and social development.