Labor rights and social guarantees of platform workers: issues of legal regulation

Abstract

The active development of digital platforms inevitably transforms employment relationships. On one hand, it increases the availability of jobs for various entities, but at the same time, this form of labor lacks adequate legal regulation, as such relationships exhibit features of both labor and civil law relations. Digital platforms create relationships among participants that are similar to labor relationships, but current legislation has not yet established the status of such entities as employers and employees. This uncertainty and absence of legal norms leads to ambiguity in the legal status of platform workers, and the issues of social protection for platform workers become particularly significant. Solving the problem of defining the legal status of platform workers holds both theoretical and practical importance, as the legal qualification of such status determines the level of social protection. The relevance of the study is due to the recently adopted International Labour Organization Convention No. 193 on decent work in the platform economy, the content of which underscores the need for legal regulation of the rights and social protection measures for platform workers. The object of research in this article is platform employment. The subject of research is the regulation of the rights and legitimate interests of platform workers and the provision of social protection measures for them. In preparing this research, the author utilized the formal-legal method, as well as the method of analysis and comparison of the rights and social protection measures provided for traditional employees and platform workers. A special contribution of the author to the examined issue is the analysis of current legislation both in the sphere of labor and in the sphere of regulation of the platform economy. A comparison was made of the volume of rights and social guarantees provided to individuals working under employment contracts and those classified as platform workers. The study showed that current legislation is oriented towards regulating such relationships as civil law relationships, which does not fully meet the interests of citizens working through digital platforms. Shortcomings in the normative-legal regulation of the rights, legitimate interests, and social guarantees of platform workers have been identified, and the necessity of reforming current legislation, as well as taking into account the requirements of the ILO convention on decent work in the platform economy, has been substantiated.

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