LEGAL REGULATION METHODS OF NON-TRADITIONAL EMPLOYMENT: ILO GUIDELINES AND EXPERIENCE OF FOREIGN COUNTRIES

Author:

KURSOVA Oksana А.1

Affiliation:

1. University of Tyumen

Abstract

The widespread prevalence of precarious employment is due to modern trends in the development of the market economy and information technology. In general, precarious work in modern literature is considered as a negative phenomenon that contributes to the precarization of employment. Precarious work is extremely heterogeneous; a single standard of legal regulation is practically not applicable to these relations, which are very different in terms of signs and characteristics. That is why only the concept transformation of labor relations in order to cover the labor law regulation sphere of various relations related to precarious employment will not improve the situation. This means that it is necessary to consider various ways of legal regulation of precarious work in order to provide all employed with the necessary level of social protection. This idea is consistently revealed in the proposed work. To substantiate this idea, this paper provides an analysis of international approaches and various domestic decisions regarding the regulation of precarious work. Various methods study of precarious employment legal regulation was carried out in order to determine various options for bringing precarious employment to a certain social standard, which presupposes the precarization prevention of employment. The main research methods are the comparative method and the method of expert assessments. As a result, it was concluded that the strategy of the International Labor Organization, the essence of which is to search for legal solutions to extend social protection to all employed without exception, is the optimal universal solution to the problem. The only question is how this discourse should be practically implemented in different legal systems.

Publisher

Tyumen State University

Reference20 articles.

1. ILO. 2019. Global Commission for the Future of Labor. Work for the light of the future. Geneva: International Labor Office. 78 pp. [In Russian]

2. Zaitseva L.V. 2019. “Economically dependent self-employed: differences national approaches to determining the legal status”. Bulletin of Tomsk State University, no. 446, pp. 212-222. [In Russian]

3. ILO. 15-17 February 2018. The quality of the workplace in the platform economy. Analytical material on the problem was prepared for the Second meeting Global Commission on the Future of Work at the International Bureau Labor. Geneva, Switzerland. https://www.ilo.org/wcmsp5/groups/public/---dgreports/-cabinet / documents / publication / wcms_618382.pdf. [In Russian]

4. ILO. 2016. Non-standard forms of employment. Analysis of problems and prospects for solutions in different countries. Review version. Geneva: International Labor Office. 396 pp. [In Russian]

5. Tedeev A. A. 2014. “Development of information technologies, information economy and legal regulation of remote labor in Russia (some problems)”. Russian justice, no. 6, pp. 25-29. [In Russian]

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