Civil legal protection of the labor rights of remote workers

Abstract

This article considers the legal regulation of labor relations between employers and employees who perform the labor function remotely. The author identifies some problems of labor legislation that make it difficult to observe the legitimate interests of all participants in labor relations. Instead, the development of non-typical types of labor relations becomes an important factor in expanding the possibilities of realizing the right to work, which requires certain protection. Telecommuting arrangements are widespread today, but given the obvious risks to working conditions, regulation through legislation is needed to ensure that these working arrangements improve access to skilled work, rather than impair it. The author proposed directions for the development of labor legislation as a civil legal protection of the labor rights of teleworkers. Civil legal protection and the procedure for its regulation should be based on generally recognized international legal standards, in particular the acts of the International Labor Organization, constitutional principles regarding the protection of the rights and interests of Ukrainian citizens to work and their guarantees. Also, civil legal protection should take into account the experience accumulated in Ukraine in the regulation of home work, the experience in the regulation of remote work in the conditions of the spread of the COVID-19 pandemic and the quarantine introduced in Ukraine, as well as the organization of labor relations in the languages ​​of martial law. The specified circumstances led to the transformation of forms of employment. Traditional forms of employment underwent modification and completely new flexible (non-standard) forms of employment emerged. Therefore, in the modern development of labor, standard labor relations are gradually disappearing, which provide for the existence of an open-ended employment contract, standardized wages, established hours of work and rest, the participation of employees in the management of organizations, their compliance with the rules of internal procedures, the existence of a collective agreement, etc. They are replaced by remote employment, which puts pressure on employees regarding the guarantees of their rights and the protection of their labor interests. The use of non-standard forms of employment leads to the growth of inequality and social insecurity of employees. Irregularity of remote labor relations has a negative impact on the country's economic development prospects, causes a certain decrease in the standard of living of workers. Telecommuting mechanisms are expanding rapidly, but given the obvious risks to working conditions, there is a need for some regulation through legislation and the remedies it provides, so that these work mechanisms improve access to decent work, not impair it. As a civil legal protection of the labor rights of teleworkers, directions for the development of labor legislation are proposed. The author of the article analyzes the problem of legislative regulation of issues of civil legal protection of remote workers, defines the forms of protection.