On the issue of labor function of persons working outside the location of the employer

Abstract

Labor relations of persons working outside the location of the employer are now partially regulated by the Law of Ukraine "On Amendments to Certain Legislative Acts on Improving the Legal Regulation of Telework" of 04.02.2021 № 1213-IX. In particular, the law stipulates that remote and home work are forms of work performed outside the usual place of work in the employer's premises. At the same time, in practice, many questions arise about the peculiarities of the introduction of these innovative forms of labor organization, in particular about the labor function of persons working outside the location of the employer. The purpose of the article is to determine the employment function of persons working outside the location of the employer as one of the main conditions of the employment contract. It is stated that the current Labor Code of Ukraine not only does not contain a definition of "labor function", but also does not mention this legal phenomenon. As for scientific sources, there are different definitions of labor function, which, incidentally, do not contradict each other, but complement each other. In particular, the job function is defined as certain duties that are performed, are performed or should be performed by one person. That is, this is the work that is determined by the parties to the employment contract and which, in accordance with the concluded employment contract, taking into account the profession, specialty, qualification, position must be performed by the employee. After analyzing the current legislation, it was concluded that persons working outside the location of the employer are fully subject to labor legislation, taking into account the specifics and peculiarities of the regime, which are stipulated in the employment contract. One of the main conditions of such a transaction is the condition of the job function, ie the condition of the system of responsibilities to be performed by the employee in accordance with the profession (specialty, qualification) or position, which is a form of employment and changes with it according to scientific and technological progress and the development of labor relations, the range of activities of the employee.