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Home and distance work: employment agreement templates approved

10/ 08/ 2021
  In brief On 16 July 2021, the Order of the Ministry of Economy of Ukraine No. 913-21 approving the templates of employment agreements on home and distance work came into effect (Order). Key takeaways Employers can use the templates approved by the Order for drafting employment agreements on home and distance work with their employees, because Ukrainian law requires making such employment agreements in writing, except in certain exceptional situations. As a reminder, starting from 27 February 2021, home work and distance work are treated as two separate work time arrangements, which are legally different from work in the office or production facilities of the employer. In particular, special norms apply regarding work safety of distance and home-based employees, the provision of the tools and materials to perform work, the employees material liability for their employers property, etc. The law also mentions the possibility of combining distance work with work at the workplace provided by the employer, but there is no detailed regulation in this regard and employers must fill this gap on their own. Recommended actions Bring the employment agreements of employees working from home or remotely in line with the law. ​To avoid employee claims and court disputes, prepare and implement internal policies to govern work arrangements when work is done partially at the office and partially remotely. Contacts Lina Nemchenko Partner Baker McKenzie   Mariana Marchuk Counsel Baker McKenzie

In brief

On 16 July 2021, the Order of the Ministry of Economy of Ukraine No. 913-21 approving the templates of employment agreements on home and distance work came into effect (“Order“).

Key takeaways

Employers can use the templates approved by the Order for drafting employment agreements on home and distance work with their employees, because Ukrainian law requires making such employment agreements in writing, except in certain exceptional situations.

As a reminder, starting from 27 February 2021, home work and distance work are treated as two separate work time arrangements, which are legally different from work in the office or production facilities of the employer. In particular, special norms apply regarding work safety of distance and home-based employees, the provision of the tools and materials to perform work, the employees’ material liability for their employer’s property, etc. The law also mentions the possibility of combining distance work with work at the workplace provided by the employer, but there is no detailed regulation in this regard and employers must fill this gap on their own.

Recommended actions

  • Bring the employment agreements of employees working from home or remotely in line with the law.
  • ​To avoid employee claims and court disputes, prepare and implement internal policies to govern work arrangements when work is done partially at the office and partially remotely.

Contacts

Lina Nemchenko
Partner Baker McKenzie
 
Mariana Marchuk
Counsel Baker McKenzie

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