The content of the remote work employment contract: theoretical aspects

Introduction: the article considers theoretical aspects of the remote work employment contract. Purpose: to study the specific features of the content of the remote work employment contract. Methods: the methodological framework comprises universal, general scientific methods and also some methods specific to legal science (methods of systemic and structural analysis, technical method and comparative legal method). Results: the authors suggest the idea of a different (compared to the standard employment contract) list of essential (constitutive) contractual terms of the remote work employment contract. More specifically, the terms concerning workplace lose their constitutive sense since distance work is done outside the office and relationship between a remote employee and their employer acquires specific character. The concept of workplace should be reconsidered as the norms of nonstandard employment are being developed. The idea about a specific list of essential (constitutive) terms may be fair for other types of nonstandard employment contracts as well. In the course of time, essential accidental terms of the remote work employment contract may transform into standard contractual terms enshrined in legislation as such. Standard terms of the remote work employment contract may be defined as exceptions from the general rules (some terms that are applicable to standard employees do not apply to distant ones). Such exceptions should be of non-discriminatory nature and should derive from the specific character of remote work. Some terms which are not included in the Labour Code but are inherent in remote work relationships, may become critical for remote work employment contracts. Conclusions: the list of essential (constitutive) contractual terms of nonstandard employment contracts may differ from the standard one. The contractual terms concerning workplace lose their constitutive sense and may be referred to standard terms. The concept of workplace is to be reconsidered as the norms of nonstandard employment are being developed. The essential accidental terms of the remote work employment contract may transform into standard contractual terms in the course of time.