Legal and regulatory framework of platform employment within the context of the state’s social resilience

Abstract

The article considers the issue of maintaining the state social resilience through the prism of the development of digital platforms and the emergence of the digital labor market as a new reality for the information-network economy. Attention is focused on the fact that the transformation of traditional models of social and labor relations prompts the search for ways and means of the regulation of non-standard forms of employment, in particular platform employment related to work on digital (online-, Internet-) platforms. The authors carry out an analytical assessment of international approaches to regulating the activities of digital platforms and recommendations for improving working conditions for platform employment. Shown various legal peculiarities and the variety of national practices of labor regulation in the platform economy in different countries. The article presents variants of terminology on the subject, and the most common areas of application of legislation and regulations regarding digital platforms and employees of such platforms in the ILO’s member states. Revealed the directions of domestic legislative and legal regulation of certain forms of non-standard employment, such as remote work, work with the use of flexible working time, labor relations with non-fixed working time. It is noted that a separate case of such forms of non-standard employment can be considered platform employment, the specifics of whose regulation are not taken into account in Ukraine’s legislation. The authors summarize the recommendations on the regulation of platform economy and platform employment based on modern international approaches and practices. The main legally regulated aspects of platform employment are identified, being among the most important of them the issues of concluding labor contracts, extending social protection standards to platform employees, transparency in the use of algorithms, and guaranteeing the right to appeal decisions made by artificial intelligence. It is emphasized that special attention should be paid to the creation of a tripartite committee in Ukraine for the preparation by the parties of national social partnership of consolidated approaches to the regulation of platform employment. Proposed various guidelines for legal regulation of platform employment, which would minimize its precarization potential and contribute to social resilience in post-war Ukraine.

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