Мain Trends in Ukrainian Labour Legislation in the Context of the Digital Economy

Abstract

Introduction. The problem of dissemination and application of digital technologies in the fi eld of labour has been extremely relevant over the past decade. The development of the digital economy inevitably leads to a profound transformation of the labour market. Traditional labour relations, the content of which is mostly indefi nite, are replaced by non-standard forms of employment, short-term employment contracts, fl exible working hours and performance, employees remotely from the location of the employer are becoming common practice. The aim of the article is to clarify the features of the transformations taking place in the fi eld of labour under the infl uence of digital technologies, as well as to outline the main trends in Ukrainian labour legislation in the context of digitalization. Results. The aurhor focuses on the legal regulation of remote and home-based work, the introduction of electronic document management in labor relations, including personnel. The latest legislative changes that contributed to the introduction of electronic employment record books and electronic sick lists are analyzed. Particular focus has been placed on the study of a new model of non-standard employment on the basis of gig contracts within the digital platform “Diia City”, introduced by the Law of Ukraine «On Stimulating the Development of the Digital Economy in Ukraine». Conclusions. It has become clear today that the development of labour legislation in Ukraine is much slower than digital technologies capture both the labour market and our daily lives. The digitalization of the economy challenges modern labour legislation, which should not stand in the way of information technology progress and the introduction of new information technologies in labour relations, with the advent of which work becomes less tied to workplace and time, and gives greater autonomy to the employee. However, there are other problems, such as limiting the employer’s interference in the employee’s private life, especially in the context of the employee’s right to rest or so-called disconnection (the right not to be in touch during non-working hours). Thus, improving the mechanism of legal regulation of individual and collective labour relations, revision of their theoretical structures and characteristics, as well as the problem of providing all workers, regardless of employment, including informal employment, bogus self-employed, working on online platforms, the minimum of labour and social rights in the realities of the digital economy is of growing importance in the digital economy. Key words: digitalization, transformation of labour relations, remote work, electronic document management, electronic employment record book, electronic sick list, digital platforms, gig contract, gig specialist.