New approaches to legal regulation and organisation of labour in Ukraine

Abstract

It is noted that the issues of introducing new approaches to the organisation of labour of employees are acute on the agenda today. The conventional approach, when the vast majority of employees in Ukraine worked at workplaces within enterprises, institutions, organisations, taking into account the quarantine restrictions introduced in 2020, ceased to correspond to the modern realities. Modernity requires the development of the telework. The paper provides a scientific study of the actual problem both for the science of labour law and for rule-making activities regarding the current state and trends in the legal regulation of remote work in Ukraine. The relevance of the study is conditioned by the importance of remote work for the sustainable development of the national economy and the state, as well as ensuring the interests of employees and employers in modern conditions. The purpose of the study is to provide scientifically sound conclusions and suggestions for improving the legal regulation of remote work in Ukraine. Using general scientific and special methods of scientific cognition, the study considers the essence of remote and home work; the provisions of the Labour Code of Ukraine are compared with the provisions of the Draft Law of Ukraine No. 4051 “On Amendments to Certain Legislative Acts On Improving the Legal Regulation of Remote Work” dated September 04, 2020 and the Draft Labour Code of Ukraine. A general conclusion is made regarding the need to develop and adopt a modern comprehensive regulation in the field of labour – the Labour Code of Ukraine, which makes provision for a separate structural division (for example, a book) covering the specific features of regulating labour relations of certain categories of employees, within which a chapter should be placed with the title: “Features of Regulating Labour Relations of Employees Engaged in Remote Work”. The articles of such a chapter should make provision for the definition of remote work, the specifics of concluding, changing, and terminating an employment contract on remote work, the features of working hours and rest times of employees engaged in remote work, the features of labour protection of employees engaged in remote work, guarantees of labour rights of employees engaged in remote work