НЕТРАДИЦИОННАЯ ЗАНЯТОСТЬ: ХАРАКТЕРНЫЕ ОСОБЕННОСТИ И ПРАВОВЫЕ КОЛЛИЗИИ РЕГУЛИРОВАНИЯ

Abstract

The subject of the study is non-traditional employment. The purpose of the study is to determine the essence, features and legal legitimacy of non-traditional and precarious employment, and the formation of an optimal mechanism for their application. The relevance of the study is due to the strengthening and spread of the role of non-standard and precarious employment in the labor market in Russia, in contrast to the traditional employment focused on the concept of labor relations based on an employment contract. The scientific novelty lies in the analysis of the categories of non-standard and precarious employment in the labor market, in determining the characteristics and legal conflicts in the regulation. Research methods are analysis, synthesis, induction, deduction and modeling. In the course of the study, the author obtained the following results: a mechanism for application was developed, and features and legal conflicts of regulation of non-traditional employment were identified. By comparing, on the basis of a comparative analysis, traditional standard employment, built on the concept of labor relations, based on an employment contract with non-standard and precarious employment, a justification is given for the need for their use in the Russian labor market without trying to transform the standard traditional employment and the forced dominance of any form of employment in the labor market. The priority market instrument “productive employment” in the use of labor resources has been identified. The author concludes that the role of non-standard and precarious employment in the Russian labor market is growing, and proves that along with non-standard and precarious employment, traditional standard employment should function, based on the concept of labor relations that arise on the basis of labor standard employment. Nonstandard and precarious employment always differs in one or more ways from the employment relationship on which standard traditional employment is based in labor regulation. At the same time, productive employment is of great practical interest, which is a priority tool for the efficiency of wages, significantly exceeding the equilibrium currently prevailing in the Russian labor market, in order to stimulate employees and minimize production costs and develop the economy.