Legal Regulation of Employment in a Digital Society

Abstract

The subject of this study is the legal norms that mediate the procedures for the selection of personnel and the employment of employees. The purpose of the study is to analyze the norms of labor legislation regulating employment relations in a digital society, and the practice of their application. General and private scientific methods were used (formal dogmatic, comparative legal methods of research, interpretation, modeling). The positive role of digital platforms in the employment of citizens was noted. However, the development of digital technologies displaces people from the sphere of employment, to which the legislation is still weakly responding. Particular attention is paid to employment issues that have not been resolved in legislation, which may lead to a deterioration of the situation of citizens. The transformation of labor functions is taking place, which excludes human participation in part of operations and makes it necessary to consolidate in legislation the obligation of employees to improve their qualifications. The content of the concept of "business qualities" of an employee is expanding, including digital competencies, including the ability to interact with artificial intelligence. It is desirable to reflect the definition of the concept in legislation and take it into account when posting information about vacancies on digital platforms. The conclusion is made about the inadmissibility of making a decision on employment (refusal of admission) by artificial intelligence on the basis of data collected without the consent of the applicant. The legislation in the field of employment is not quite ready to respond to the changes taking place in connection with digitalization. The proposed solutions may be the subject of discussion and useful for the legislator.