Enforcement of fundamental principles and rights at work in the face of the spread of non-standard forms of employment

Abstract

Problem setting. For many years, in Ukraine, as in many other countries, standard labour relations prevailed in the field of labour and employment, characterised by stability and duration, subordination and control of the employee to the employer, as well as the availability of social guarantees for employees. However, socio-economic changes, globalisation, the post-industrial revolution, and the development of information technologies that allow the use of labour, in particular, through digital platforms, have led to the formation and spread of non-standard labour relations characterised by instability and the lack of an adequate level of labour guarantees and working conditions, primarily in the areas of remuneration, working hours and rest periods, occupational safety and health, etc. analysis of recent researches and publications. In their studies, labour scholars have drawn attention to the need to consolidate non-standard forms of employment in Ukraine and to comprehensively reform labour legislation: S.V. Venediktov, S.V. Vyshnovetska, L.P. Garashchenko, V.P. Kokhan, Y.I. Svichkariova, O.G. Sereda, Y.V. Simutina, M.M. Shumylo, A.M.Yushko and others. In recent years, several monographic studies have been published on the problems of reforming and improving labour legislation with due regard to the need to ensure proper protection of social and labour rights in the realities of the digital era. At the same time, little or no attention has been paid to the challenges posed by the spread of such employment to the implementation and protection of fundamental labour rights proclaimed by the International Labour Organization, including freedom of association and the effective recognition of the right to collective bargaining; the effective abolition of child labour; the elimination of discrimination in respect of employment and occupation; and a safe and healthy working environment. Purpose of the research is to identify and characterise the challenges and threats of non-standard employment through the prism of basic principles and rights at work that are part of universally recognised human rights. article’s main body. Despite the fact that most of the attention in the world today is probably paid to the issues of access to labour rights and guarantees for so-called gig workers engaged in online platforms, who often face the inability to enjoy these rights, the problems of implementing internationally recognised fundamental labour rights go far beyond platform employment and extend to a much wider area of work that does not fall under the category of standard indefinite full-time employment. For example, in cases of concluding an employment contract with non-fixed working hours, the probability of employees’ “voluntary” refusal to exercise their fundamental rights and respond to possible abuses by the employer is very high and significantly increases the employer’s managerial powers. One of the most acute challenges of the digitalisation of the economy in Ukraine is the development of an adequate mechanism for the exercise by precarious workers, primarily those who work through online platforms, of one of their fundamental rights – the right to associate for the collective protection of their socio-economic interests. conclusions and prospects for the development. The development of the digital economy and the rise of nonstandard employment have led to a broad debate on the scope of labour law, while little attention has been paid to a comprehensive understanding of how these forms of employment affect the enjoyment of fundamental principles and rights at work. Yet, such an understanding is extremely necessary in view of the international community’s recognition of fundamental labour rights as human rights. Non-standard employment, especially when combined with precariousness or precariousness, can make it difficult or even impossible to ensure and implement fundamental ILO principles and rights at work, including freedom of association and the effective recognition of the right to collective bargaining; effective prohibition of child labour; nondiscrimination in respect of employment and occupation; and a safe and healthy working environment. In view of this, proper enforcement of these rights as human rights requires systemic actions by governments and businesses aimed at both limiting the use of non-standard employment and further improving the mechanisms for the implementation and protection of labour rights regardless of employment status.