THE IMPORTANCE OF REMOTE FORM OF ORGANIZATION OF WORK TO ENSURE THE INTEREST OF EMPLOYEES (on the example of the Netherlands)

Abstract

An assessment of the legal regulation of remote employment is given. The legal regulation of this type of employment proved to be the most relevant at first in connection with the general global pandemic caused by the spread of COVID-19, in modern conditions – in connection with the imposition of martial law. The need to strike a balance between the interests of the employee and the employer remains crucial. The employer needs to avoid labor shortages, and the employee needs to keep the job. Based on the analysis of current labor legislation, the advantages for employees in using a remote form of labor organization are: planning their own time and establishing a comfortable work schedule, do not apply the rules of internal labor regulations, choose a job, reduce costs (including travel), feeling more freedom in planning your time. The benefits for employers are also significant: it is not necessary to provide every employee with a job, a much larger geography of attracting specialists (from other cities, countries, etc.), to get more motivated employees.It has been established that the problem of using the work of remote workers is in such aspects as control of work performed, reporting, trade secrets, career opportunities for employees. The solution to the problem is seen in the introduction of positive experience in the legal regulation of remote employment in European countries, especially the Netherlands. This can be done by regulating the optional terms of the employment contract, which should, if agreed by the parties, include provisions on the conditions of remote employment (ability to work abroad, organization of work, control over results, obligation to maintain confidential information, monitoring the workplace of employees, compensation to employees in case of use of their own material resources in the performance of labor functions, career opportunities, etc.). It is the optional terms of the employment contract that will be able to best combine the interests of the parties to the employment contract.