International legal regulation of remote work as one of the forms of non-standard employment

Abstract

The article is devoted to the study of telework as one of the forms of non-standard employment. In particular, given the prevalence of remote work as a method of physical distancing to prevent coronavirus infection in the workplace, remote work was considered in the light of international and European standards. It is concluded that the development of national legislation on telework should take into account the provisions of the ILO Conventions “On Home Work” from 1996 № 177, “On Decent Work of Domestic Workers” from 2011 № 189, ILO Recom-mendations “On Home Work” from 1996 4. 184. At the same time, it is important not only to ratify the relevant international legal instruments, but also to adequately reflect in labor law their most important provisions, taking into account the relevant recommendations. It is primarily a matter of ensuring equal labor rights for remote workers compared to traditional workers, as well as protecting them from discrimination. They must be given the opportu-nity to unite in order to protect their interests in trade unions and other organizations, and the right to participate in collective bargaining must be guaranteed. It is proposed to develop an adequate mechanism for monitoring compli-ance with labor legislation during the use of telework.A proposal has been made at the legislative level to implement the provisions of the European Framework Agree-ment on Teleworking, taking into account the peculiarities of the national legal system. In particular, implement the main provisions of the Agreement, which would provide: (1) decent working conditions for remote workers at the expense of the employer (separate room for work, telephone, payment of additional costs); (2) social and legal guarantees of work (leave, clear definition of working hours, advanced training, etc.); (3) compliance with occupa-tional safety requirements (legal liability of the employer for any accident or damage); (4) legislative regulation of the rules, obligations and conditions of concluding a contract with employees of the remote form of employment.