Separate Issues of the Definition of the IT-sphere employee as a subject of labor law

Abstract

Problem setting. In the conditions of digital transformation of society, the IT sphere counts a significant number of specialists. With the beginning of full-scale aggression against Ukraine, the IT industry is one of the few that can function. Nowadays, the definition of the term «IT employee» still does not exist either in legislation or in the doctrine of labor law. Therefore, distinguishing the features of the term «IT employee» is one of the urgent problems of labor law. Analysis of recent researches and publications. In recent years, the following scholars of labor law have, to one degree or another devoted themselves to researching the concept of an IT employee: L. P. Amelicheva, S. Ya. Vavzhenchuk, V. V. Zhernakov, M. I. Inshin, L. V. Kotova, S. M. Prilypko, O. I. Protsevskyi, O. G. Sereda, A. M. Slyusar, V. L. Kostyuk, G. I. Chanysheva, V. I. Shcherbina, O. M. Yaroshenko, and others. Despite the development of a general question, there was no definition of the term «IT employee» in labor law, which determines the relevance of the choice of topic. Тarget of the research is to identify the main features of the concept of «IT employee» and to define it. In order to realize the specified goal, the following tasks were set: to investigate the concept of «IT sphere», to analyze the features of such terms as «subject of law», «subject of labor law», «employee», to distinguish the concept of «employee of the IT sphere» from the concept of «gig specialist». Article’s main body. This was achieved due to the method of analysis, which made it possible to identify the characteristics of an employee in the IT field, which are typical and atypical for other employees, subjects of labor law and subjects of law; the method of generalization, which allowed to define the concept of «IT worker» after researching the general and special features of the specified term; a comparative legal method that made it possible to compare and analyze a gig specialist and an IT employee. We have found that: (a) the general characteristics of an IT worker include the characteristics inherent in the concepts of «employee», «subject of labor law», «subject of law»; (b) a special feature of IT workers is the performance of a job function in the field of data collection, processing and transmission to obtain information of new quality and its use on the basis of computing and information technology; (c) legal regulation of IT workers and gig specialists is demarcated; (d) definition of the term «IT employee» is provided. Conclusions and prospects for the development. Thus, an IT employee is a individual person who has reached the legal age and has entered into an employment contract with an employer to perform a job function in the field of data collection, processing and transmission to obtain new quality information and use it on the basis of computing and information technology.