Employment Contract for Teleworking-Working Off the Employer’s Premises

Abstract

It is about a flexible, atypical and nonstandard form of an employment contarct and engaging employees. The term teleworking is used for the employment contract for performing the work at home. Referring to the employment contract for doing work from home the term teleworking is used, which in many comparative legislatures and practises has become an official word.

Тeleworkingis a work on a location different from the employer’s premise and more often it includes computer-telecomunication technology.  

The teleworking presents an effective mechanism for working, both for the employers who work for a well-known employer (classical labor relations) and for the workers registered as self-employed.

In many legislatures, and in the practice in different counties it comes to an identification of the teleworking itself (the contract on a separate work place) with the working from home (employment contract for performing the work from home).

Home telework, represents the most exploited form of teleworking, where the employee performs paid work from his/her home

The work in telecottages represents a work on a separate working place, which includes employees (teleworkers) not willing to stay home and therefore they use these local centers (out of the employer’s premise).

What are the advantages on side of the employers and the employees?

The advantages, in terms of the employers, are: saving money for the lease of a premise and the necessary logistics, saving energy and saving travelling and food expenses.

In terms of the employees, it a work from home, with the presence of their families and they have more free time and free schedule of work time, as well as the help of the members of the family. The people with handicap also have some advantages of this model.

The institute-contract for employment with teleworking is a modern advantage in the Macedonian labor-legal legislation which is in accordance with the Convention and recommendation of MOTnum.177 from 1996 for teleworking and with the FrameworkContract for teleworking in EU from 2012. However, there are particular elements which must be specified additionally in the Law on Labor Relations.

This contract includes all the elements for any employment contract.

In practice, we handle with problems regarding the formulation of these employment contracts, especially because this type of work integrates a series of obligation-legal effects. It is necessary for the Law on Labor Relations itself to predict the essential elements, which must be engaged in this contract. 

In this thesis the basic differences between the employment contract for performing the work at home and the temporaryemploymentcontract are included.

In addition to the thesis a form for the employment contract for performing the work at home is prepared – labor relation out of the employer’s business premises.