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Udalenka in a pandemic

For the past two years, the so-called "remote work" bill has been discussed in the republic. And while this is happening, many employers are building relationships on parole with employees who are forced - due to the coronavirus pandemic - to carry out their job duties at home. What to be, lawyers note, should not be. So why is the adoption of such an important legal act being delayed?

New format

The state of emergency, which, by the way, is still in force in the republic, was introduced in the spring of 2020 due to the coronavirus pandemic. Soon, many government agencies and private companies began to transfer employees to the so-called remote work mode. Simply put, in order to avoid infection, they were sent home, since modern technologies allow bosses to contact subordinates at any time of the day.

But then it turned out that there is no law in the republic that regulates the relationship between employers and workers who are officially "remote". As the lawyers noted, no separate contracts were concluded with most of the employees for this period. Many were simply asked to enter into a position, to meet halfway due to force majeure. And people went.

We must pay tribute to the Ministry of Labor and Social Development of the Republic - as the department was called in 2020, - which quickly developed a draft of changes in labor legislation. The ministry proposed to consider remote "the performance of labor functions outside the location of the employer, its structural divisions, outside the stationary workplace, territory or facility ...". In the case of a transfer to remote work, it was proposed to oblige the employer to provide the employee with means of communication and pay the costs of their installation and maintenance.

Most importantly, the draft prepared by the department clarified that "the mode of remote work can be established with the consent of the employee, with the conclusion of the relevant separate agreement and the signing of the order."

Office for meetings only

The bill was put up for public discussion, but then the October post-election events broke out in Kyrgyzstan, which led to a radical change in the country's political system. The renaming of state bodies began, changes in their functions, and in this turmoil, it seemed that everyone forgot about a good initiative.

But they did not stop transferring workers to remote work. The authorities still saw this as a reliable way to prevent the mass infection of Kyrgyzstanis with the coronavirus. The Bishkek City Hall, for example, in those days repeatedly recommended that organizations, institutions and enterprises, regardless of their form of ownership, send 50 percent of the total number of employees to remote work. First of all, those who belong to the risk group - the elderly, pregnant women and those suffering from chronic diseases.

Meanwhile, many private companies in Kyrgyzstan have decided to switch to "remote work" without instructions from above. The benefits of working in this format today are enormous. Thus, according to the managing partner of the republican law firm Nargiza Abdraimova, remote mode allows focusing not on the number of hours spent in the office, but on the effectiveness of specific projects.

- We plan to partially remain remotely even after the state of emergency is lifted. Employees like this format, they would like to visit the office only for meetings with clients and solving urgent problems, - she said. In such a situation, the need for a law on remote work in the Kyrgyz Republic is more than obvious.

Too many comments

Where did the remote work bill go? As the correspondent was told in the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic, the document was withdrawn. The reason is the large number of comments received during the public comment period.

- Kyrgyzstanis asked to simplify the developed changes, to make them closer to local realities. There were complaints that the bill was simply copied from foreign analogues, - said Asel Kemelova, chief specialist of the labor department of the ministry.

According to her, the document was revised by 70 percent and again put up for public discussion, in parallel with which the amendments will be coordinated with some government agencies. The last word must be said by the deputies of parliament, who will consider the bill, and the president. The head of state will either sign the law approved by the people's representatives or send it back for revision.

By the way

Laws on remote work have been adopted in Russia, Belarus, Uzbekistan, Ukraine, and Kazakhstan. In the Russian Federation, this happened at the end of November 2020. The following forms of remote work are available to Russians: permanent, temporary (for a period not exceeding six months) or periodic.

The employer is obliged

According to the new version of the draft law on "remote work", it is proposed to supplement the current labor legislation of the republic with several articles. In particular, remote work will be considered work that "an employee performs outside the location employer using... information and communication technologies... Remote work is established both at the conclusion of an employment contract and during the term of the employment contract with the introduction of appropriate changes to it... Working conditions between the employer and the employee performing remote work, determined by the employment contract.

"In order to ensure safe conditions and labor protection for an employee performing remote work, the employer shall familiarize the employee performing remote work with the requirements of labor protection when working with equipment and means provided or recommended by the employer ...

Employees performing remote work are subject to the norms of the duration of working hours and rest established by the Labor Code...

The procedure for granting annual paid leave and other types of leave to an employee performing remote work is determined by the employment contract in accordance with the Labor Code...

During the introduction of a state of emergency or martial law, the declaration of an emergency, or the introduction of other restrictive measures, including quarantine, by decision of the state authorities, as well as in other exceptional cases that endanger the life or health of employees, an employee may be temporarily transferred on the initiative employer for remote work until the above reasons are eliminated.

At the end of the term for such a transfer, the employer is obliged to provide the employee with the previous job provided for by the employment contract, and the employee is obliged to begin its implementation ... ", the articles of the bill say.

Udalenka in a pandemic