Formation of Approaches to the Definition of Differentiation of Labor Relations in Atypical Employment

Abstract

The paper is devoted to the differentiation of legal regulation of labor related to the increasing expansion of atypical forms of employment. The author determines approaches to the allocation of grounds (criteria) of differentiation and its limits, analyzes the ratio between differentiation norms preconditioned by the development of atypical forms of employment and other norms of labor legislation devoted to the regulation of certain categories of labor, in particular the labor of employees working in areas of the Far North and equivalent localities, juvenile employees, employees with disabilities. The paper substantiates the conclusion on attribution of differentiation factors taking place in atypical employment to objective factors unrelated to the employee's personality, analyzes the attribution of norms adopted to legalise atypical employment to norms-exemptions or norms-adjustments. The conclusion is drawn that there is a need for a more precise definition of the limits of differentiation in order to maintain a uniform approach to the minimum standard of labor rights of an employee.