ATYPTIVE EMPLOYMENT AS A SPECIAL PROBLEM REALIZATION OF EMPLOYEES 'LABOR RIGHTS

Abstract

The article focuses on the formulation of a generalized scientific thought related to atypical employment as a special problem in the context of the employees’ labor rights implementation in Ukraine. On the basis of the current positions of Ukrainian and foreign scientists towards understanding the essence of atypical employment, the understanding of this phenomenon is determined as a labor relationship, not prohibited or provided by legislation, between an employer and a person employed in the world of labor in an atypical way (atypical employee), based on an atypical employment contract. The author analyzes the scientists’ arguments in favor of the use of employment non-standard types and the proofs for the harmfulness of such employment for employees to exercise their labor rights. Based on the assessment of the actual practice of atypical employees’ labor activity and scientists’ thoughts, the position is argued according to which atypical employment causes the following problems for atypical employees to exercise their labor rights: this employment develops and transforms in accordance with the needs of the market, for which the labor legislation cannot keep up changes; this employment creates many forms of employment that are not regulated by law or are, in practice, such that the parties to these relations resort them as circumstances that are regulated by civil or economic legislation. The conclusions to the article summarize the research results. It is determined that atypical employment is an objectively forced deviation from the general standards set by the legislator regarding the organization of working hours, workplace and working conditions, due to the special needs of the employer (employers) and the atypical employee. However, in conditions of high competition in the modern labor market, which is exacerbated by various socio-economic crises, which also affect the solvency of the employer, flexible employment is not always equally based on the needs of employer and employee. Wanting to get a job or stay in the workplace, workers are often forced under pressure from the employer to give up standard employment, thus depriving them of a number of labor rights and opportunities to exercise them.