Legal basis for the use of digital technologies for monitoring remote workers in the digital economy

The article examines the process of regulating employment through the introduction of digital technologies in the organizational and legal sphere. The authors considered the features of the manifestation of organizational and legal aspects of employment regulation during the transition to a post-industrial society. The attention is focused on the most problematic areas of employment regulation. The research is based on the position of continuity of socio-economic development and continuity of its stages. The study made it possible to identify quantitative, structural, and qualitative transformations in the field of employment in the Russian Federation, related to information and digital technologies. These changes require the solution of a set of tasks to improve the system of organizational and legal regulation of employment: limiting the negative impact of digital technologies in the process of regulating employment; regulation of organizational and legal regulation of all types of “agency labor” and its adjustment, considering the spread of its non-standard forms in terms of expanding the scope of digital technologies; ensuring cooperation between all parties of social and labor relations on issues related to the use of non-standard forms of employment in the context of the introduction of digital technologies; reduction of “digital illiteracy” among jobseekers; positioning of electronic self-employment as a promising form of employment regulation. Based on the results of the study, the authors determined the vector for solving these problems, considering the large-scale use of digital technologies.

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Informal employment in Ukraine and formation of institutional conditions of its minimization

Economy and Forecasting ◽

10.15407/econforecast2020.04.034 ◽

2020 ◽

Vol 2020 (4) ◽

pp. 34-55

Author(s):

Yaryna Yuryk ◽

◽

Keyword(s):

Labor Market ◽

Labor Relations ◽

Working Hours ◽

Legal Regulation ◽

Informal Employment ◽

Market Regulation ◽

Institutional Conditions ◽

Informal Labor ◽

Hired Labor ◽

The Individual

The article presents the results of the study on the structure and scale of spread of informal employment in Ukrainian labor market. Based on the analysis of the received estimates, the author makes a social and economic profile of the average worker involved in informal labor relations. The peculiarity of the study is that all estimates are considered separately for hired labor and self-employment, which allows to identify the internal heterogeneity of the structure of informal employment in Ukraine. According to the results of the econometric modeling, the main socio-economic, demographic, settlement, professional and sectoral factors that determine the involvement of the individual in informal employment in Ukraine are identified. Described the basics of legal regulation of labor relations as a formal institution influencing the dynamics of informal employment. Established the relationship between the level of flexibility in the regulation of the labor market in the country and the extent of informal employment among its population. It has been shown that in economies with flexible regulation, as a rule, informal employment is lower. Based on assessments and analysis of the flexibility of labor market regulation in Ukraine by such components as hiring, working hours and staff reductions (rules and costs), bottlenecks in the national legislation have been identified that can cause increased informal employment, which in turn helped determine the main institutional conditions for its minimization.

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Temporarily or partially remote work: law enforcement lessons

Buhuchet v zdravoohranenii (Accounting in Healthcare) ◽

10.33920/med-17-2008-07 ◽

2020 ◽

pp. 70-80

Author(s):

Viktor Lebedev ◽

Elena Lebedeva

Keyword(s):

Comparative Analysis ◽

Law Enforcement ◽

Labor Relations ◽

Legal Regulation ◽

Remote Work ◽

Federal Law ◽

Employment Contract ◽

Remote Workers ◽

The Russian Federation ◽

Further Development

The article considers the state’s initiatives for the further development of remote forms of labor relations. The features of providing medical care in a remote format are considered. Comparative analysis: draft decree of the RF Government “On peculiarities of legal regulation of labor relations in 2020” from 27.05.2020 and draft Federal law “On introducing amendments to article 57 of the Labor code of the Russian Federation” dated 02.06.2020 offering to regulate temporary and partial shift on the remote (remote) work; the main provisions of the employment contract and the peculiarities of employment contract for remote workers.

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Legality of Dismissal of Employees Working Irregular Hours for Appearance at Work in a State of Alcoholic, Narcotic or Other Kind of Intoxication

Actual Problems of Russian Law ◽

10.17803/1994-1471.2020.121.12.122-130 ◽

2020 ◽

Vol 15 (12) ◽

pp. 122-130

Author(s):

I. S. Tsypkina

Keyword(s):

Law Enforcement ◽

Pregnant Women ◽

Russian Federation ◽

Working Hours ◽

Legal Regulation ◽

Legal Basis ◽

Labor Disputes ◽

Work Time ◽

Employment Contract ◽

The Russian Federation

The paper analyzes the issues related to irregular working hours, which arise due to the lack of proper legal regulation of this legal category. The author emphasizes that the inclusion of the irregular working hours provision into the employment contract is primarily determined by the employee’s labor functions, since it is the performance of this labor function that conditions particular working hours as the regular working hours may be not enough. In addition, the paper highlights the problem of the permissibility of establishing irregular working hours for pregnant women and persons for whom reduced working hours are established. The author concludes that the spread of the rule regarding the possibility of drawing a parallel between the restrictions provided for by Art. 99 and 101 of the Labor Code of the Russian Federation currently has no legal basis. In this regard, the author attempts to find ways to resolve this problem. The paper identifies controversial and ambiguously resolved in law enforcement issues that arise when resolving labor disputes related to the termination of an employment contract with an employee who is at work in a state of alcoholic, drug and other kind of intoxication, outside the established duration of working hours. For the purpose of uniform application of the current legislation, it should be assumed that for workers with irregular working hours, all the time they are at work is considered work time.

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Transformation of legal regulation of labor relations of scientific and pedagogical workers of modern universities in the digital economy

Perspectives of science and education ◽

10.32744/pse.2021.6.42 ◽

2021 ◽

Vol 54 (6) ◽

pp. 635-651

Author(s):

Olesya V. Shcherbakova ◽

Keyword(s):

Higher Education ◽

Public Relations ◽

Labor Relations ◽

Digital Technologies ◽

Legal Regulation ◽

Digital Economy ◽

Digital Transformation ◽

Document Management ◽

Office Work ◽

Employment Sector

Introduction. The sphere of employment, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. First of all, we are talking about a change in the labor function of employees, the use of artificial intelligence during interviews, as well as electronic methods of registration of the emergence, change or termination of labor relations, electronic office work. Due to the specifics of the education sector, the practice of introducing the achievements of the digital economy into the process of legal regulation of the labor of scientific and pedagogical workers of modern universities is of particular interest, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the achievements of the digital economy into the practice of legal regulation of labor, as well as to identify the factors that impede the digital transformation of the employment sector, using the example of scientific and pedagogical workers of modern universities. Materials and methods. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The study used Rosstat data on higher education institutions registered in the Russian Federation for 2020. The results of the study show that the development of labor relations is taking place in line with modern global trends in terms of introducing the achievements of the digital economy into the practice of legal regulation of public relations. The sphere of education in our state is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92.3%), as well as special software for solving individual problems – 90.8%, electronic document management systems – 84.1%. The specifics of work in educational organizations determines the need for the development and implementation of specific digital transformation tools in modern universities.

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Social Assistance and Social Services for Citizens during the Quarantine Period from a Pandemic (On the Example of Uzbekistan and International Experience

International Journal of Recent Technology and Engineering - 2 ◽

10.35940/ijrte.c4492.099320 ◽

2020 ◽

Vol 9 (3) ◽

pp. 418-424

Keyword(s):

Social Security ◽

Social Services ◽

Social Protection ◽

Public Information ◽

Legal Regulation ◽

Electronic Interaction ◽

Employment Contract ◽

Remote Workers ◽

History Of ◽

The Republic

The article considers the state policy of social protection of the population in the Republic of Uzbekistan. Methods of legal regulation of social security law. The system of social security law is analyzed. The history of formation and development of social security in the Republic of Uzbekistan is studied. Attention is paid to the rights of social security during the period of quarantine from a pandemic, and international legislation and experience are comparatively analyzed . The article deals with themain characteristics of the legal regulation of remote workers ' labor; theconcept and features of remote laboras a subject of labor law. The authors analyzed therelationship of an employment contract with a remote employee with other labor contracts. Legal acts in the field of regulating the work of remote workersin the context of a pandemic have been studied. Features of concluding an employment contract with a remote employee. Electronic interaction during the pandemic period, whichis under the control of the employer; - interaction between the employer and the employee is carried outusing public information and telecommunications networks.

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Freedoms of work as value of the right and consequence of its realization

Russian Journal of Legal Studies ◽

10.17816/rjls18098 ◽

2015 ◽

Vol 2 (4) ◽

pp. 191-196

Author(s):

I Р Chikireva

Keyword(s):

Labor Relations ◽

Legal Regulation ◽

Direct Impact ◽

Employment Contract ◽

Service Contract ◽

Labor Legislation ◽

Remote Workers ◽

The Right ◽

Civil Contract

In article it is noted that freedom of work defined by the Constitution, had direct impact on development of variety of forms of application of work. The greatest volume of privileges and guarantees is provided for the citizens which activity is issued by the service contract and the employment contract, minimum - for the persons working on the contract of civil character. Problems of legal regulation of the atypical labor relations, work of loan and remote workers, psychological prosecution at («mobbing») work are considered. If the atypical labor relations are actually issued by the civil contract, possibility of recognition their labor on the basis of article 11 of the Labour code is minimum. The constitutional freedom of work affected that the labor relations became more flexible, having changed and quantitatively (by types), and is qualitative (on signs, subjects, object and the contents), but changes have to take place in the certain limits caused by socially directed purposes and tasks of the Constitution and the labor legislation.

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Informal employment in Ukraine and formation of institutional conditions of its minimization

Ekonomìka ì prognozuvannâ ◽

10.15407/eip2020.04.036 ◽

2020 ◽

Vol 2020 (4) ◽

pp. 36-59

Author(s):

Yaryna Yuryk ◽

◽

Keyword(s):

Labor Market ◽

Labor Relations ◽

Working Hours ◽

Legal Regulation ◽

Informal Employment ◽

Market Regulation ◽

Institutional Conditions ◽

Informal Labor ◽

Hired Labor ◽

The Individual

The article presents the results of the study on the structure and scale of spread of informal employment in Ukrainian labor market. Based on the analysis of the received estimates, the author makes a social and economic profile of the average worker involved in informal labor relations. The peculiarity of the study is that all estimates are considered separately for hired labor and self-employment, which allows to identify the internal heterogeneity of the structure of informal employment in Ukraine. According to the results of the econometric modeling, the main socio-economic, demographic, settlement, professional and sectoral factors that determine the involvement of the individual in informal employment in Ukraine are identified. Described the basics of legal regulation of labor relations as a formal institution influencing the dynamics of informal employment. Established the relationship between the level of flexibility in the regulation of the labor market in the country and the extent of informal employment among its population. It has been shown that in economies with flexible regulation, as a rule, informal employment is lower. Based on assessments and analysis of the flexibility of labor market regulation in Ukraine by such components as hiring, working hours and staff reductions (rules and costs), bottlenecks in the national legislation have been identified that can cause increased informal employment, which in turn helped determine the main institutional conditions for its minimization.

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Legal regulation of remote (home-based) work during quarantine

Law. Human. Environment ◽

10.31548/law2020.03.011 ◽

2020 ◽

Vol 11 (3) ◽

Author(s):

Shovkun Juliya ◽

Keyword(s):

Working Conditions ◽

Working Hours ◽

State Committee ◽

Legal Regulation ◽

The State ◽

Remote Work ◽

Labor Laws ◽

Home Based ◽

Labor Legislation ◽

Remote Workers

Investigated are the amendments to the Labor Code of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-2019) to consolidate remote (home-based) work. Analyzed are the correlation and differences in the meaning of the newly introduced concept in the Code of Labor Laws of Ukraine of remote (home-based) work and the concept of home-based work in the understanding of the still valid in Soviet times Regulations on working conditions of remote workers, approved by the State Committee of the USSR and VTSRPS 275 / 17-99. Revealed is the content of the concept of remote (home-based) work and features of its application in the labor legislation. In particular, against the background of the analysis of legislation and scientific approaches, attention was paid to certain shortcomings and differences of terminological understanding of the concept of remote (home-based) work, considered the issue of remuneration in various cases of introduction, remote (home-based) work, working hours dispute before the court. Keywords: remote (home-based) work, home-based work, remote worker, remote work

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Digital technologies in labor relations and personnel document management

LAPLAGE EM REVISTA ◽

10.24115/s2446-622020217extra-c1022p.367-373 ◽

2021 ◽

Vol 7 (Extra-C) ◽

pp. 367-373

Author(s):

Apollinariya A. Sapfirova ◽

Victoria V. Volkova ◽

Olga M. Solovieva ◽

Irina Viktorovna Kardanova ◽

Anna V. Petrushkina

Keyword(s):

Labor Relations ◽

Digital Technologies ◽

Legal Regulation ◽

Document Management ◽

Remote Work ◽

Legal Analysis ◽

Employment Contracts ◽

Legal Method ◽

Paper Form ◽

The Right

The purpose of the article is to study the prospects of using digital technologies in labor relations and personnel document management. In the course of the research, the method of legal analysis and the formal legal method were used. The main results allow drawing conclusions and making suggestions for improving the legal regulation of the use of digital technology in labor relations and the personnel document flow that forms these labor relations. As a result, the authors make the following conclusions and suggestions. On the Unified Digital Platform in the field of employment and labor relations "Trudvsem.ru", the employer should be given the right to form an electronic HR workflow as a whole, placing mandatory HR documents there, while other HR documents can be digitized at the discretion of the employer. This will reduce the established period of duplication by the employer of the electronic and paper form of the employment record. The conclusion about the possibility of concluding employment contracts on remote work with citizens living outside the Russian Federation has been also justified.

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