Legal basis for the use of digital technologies for monitoring remote workers in the digital economy

Alexey Lada,A.D Nazarov

doi:10.1051/shsconf/202110602007

Abstract

The article discusses the legal basis for the use of digital technologies in labor relations. Digital technologies can be used both in the performance of work, for example, the work of remote workers, and in the control of employees. When monitoring employees, including remote workers, the use of digital technologies and public information and telecommunications networks by the employer comes first. Moreover, the use of digital technologies by the employer when monitoring remote workers is the only means of control. The author examines the legal regulation of the implementation of such means of control over employees as video surveillance, an automated system for monitoring and recording working hours, monitoring sites that an employee visited from his office computer during working hours, checking correspondence in corporate e-mail, listening to telephone conversations, using billing programs, and provides examples from court practice. The author identifies the defects of legal regulation in these areas and suggests ways to improve the legislation.

Highlights

During the period of the pandemic and self-isolation, the need for more extensive use of remote technologies in labor relations was revealed, in particular, the use of remote labor.as scientists note, remote work and the employee in the remote access mode are becoming a normal practice today, which corresponds to the new relationship in the social and labor sphere and metaphysics (Lada & Markov, 2019, p.2).In the field of labor relations, foreign countries have long been using digital technologies
In Article 52 of the Labor Code of the Republic of Lithuania, such a right is granted to pregnant women, women with children under three years of age, an employee raising a child under the age of fourteen or a disabled child under the age of eighteen, in Article 305 of the Labor Code of the Republic of Belarus, in relation to home work, such a right is granted to disabled and retired persons, persons with reduced working capacity, as well as persons caring for disabled or long-term ill family members who need care for health reasons
The pre-emptive right must be established for a pregnant woman, one of the parents who has a child under the age of fourteen, as well as a person caring for a sick family member in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation

Summary

Introduction

During the period of the pandemic and self-isolation, the need for more extensive use of remote technologies in labor relations was revealed, in particular, the use of remote labor.as scientists note, remote work and the employee in the remote access mode are becoming a normal practice today, which corresponds to the new relationship in the social and labor sphere and metaphysics (philosophy of law) (Lada & Markov, 2019, p.2).In the field of labor relations, foreign countries have long been using digital technologies. It should be noted that with the help of digital technologies, the Labor Code of the Russian Federation allows the possibility of concluding an employment contract with a remote employee, and an apprenticeship contract.

Results

Conclusion