Mixed digital contract: industry aspects, presumptions, requalification mechanisms

Abstract

Objective : to study the legal nature of the relationship between a digital platform operator and an executive partner, which arise during the algorithmic labour management; to substantiate a three-party model of a special legal regime; and to introduce rebuttable presumptions of its existence under the dominanting digital control. Methods : a set of general and specific scientific methods, including the formal-legal, comparative-legal, sociological, and dogmatic methods for analyzing legal constructs. Results : it was proved that neither the classical labor model nor the civil model is sufficient to regulate the relationship between an intermediary digital platform operator and an executive partner. A three-lateral model of a special legal regime was substantiated: preservation of the civil law basis and a minimal social standard (life and health insurance, reduced insurance contribution rate); a system of five formalized criteria for dominating digital control was proposed. The author substantiates that placing the burden of rebutting the presumption on the platform operator, rather than on the executive partner, is a key condition for the effectiveness of the proposed mechanism. Scientific novelty : based on the mixed contract concept that has developed in the Russian civil law doctrine, the author for the first time proposes legalizing a mixed digital contract as an independent intersectoral contract combining elements of a contract for work, services, and an employment contract in an algorithmically mediated form. For the first time, five criteria for dominating digital control are formulated, which allow unifying the practice of reclassifying contracts under algorithmic management. Practical significance : proposals were developed for improving Federal Law No. 289-FZ regarding the introduction of a mixed digital contract, a minimal social standard, and reclassifying mechanisms.

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