Social and Labour Rights in Context of Platform Employment: the Case of Passenger Transportation by Private Taxi

This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.

Problem setting. After returning from military service, war veterans face the challenge of reintegration into civilian life through various legal mechanisms provided by the state. One of the most pressing areas of social relations for adaptation to peaceful life is employment. Labor activity enables individuals to realize their abilities in different societal spheres and ensures a decent level of income. Purpose of research. The purpose of this article is to highlight key trends in the labor sector in Ukraine concerning the realization of war veterans’ right to work, as well as to outline the advantages and limitations veterans face due to labor market developments under martial law and the lack of legal regulation of employment relations in the field of nonstandard employment. Analysis of recent research and publications. Recent studies on labor and social rights of war veterans include the work of E.A. Novikov, who advocates for distinguishing military personnel and war veterans as special (specific) subjects of labor law. V.I. Sheverdina examines the social protection of military personnel and war veterans, formulating a categorical-conceptual framework for their social protection. I. Nalyvaiko’s article discusses the development of legislation protecting combatants in Ukraine, analyzing significant recent achievements in the legal regulation of their social protection. At the end of 2024, a collective monographic study titled “Legal Support for Professional Adaptation and the Right to Entrepreneurial Activity of War Veterans” was published. It aimed to establish the legal foundations for the professional adaptation and employment of war veterans, facilitate their right to engage in entrepreneurial activities, and improve mechanisms for their social protection and support during martial law and the post-war period. Article’s main body. The article examines the impact of digital technologies on the labor market. Firstly, this impact manifests in the transformation of employment relationships and the emergence of non-standard forms of work that do not fully exhibit the classical characteristics of labor relations. Secondly, it is reflected in the development of state electronic services in the field of labor. A possible solution to the problem of implementing the right to work for war veterans is leveraging the benefits of digitalization in society and the economy. This is expressed in new forms of work organization – non-standard employment – whose main feature is the dependence of an employee’s labor function on digital devices, Internet access, and electronic means of communication through which work is received and/or performed. Modern forms of non-standard employment – remote work, on-call work, and platform-based work – offer both advantages (flexibility, the ability to balance personal life and work, the opportunity to work from any location) and disadvantages (temporary nature, limited realization of labor rights established by law in the absence of legal regulation of non-standard employment) for workers choosing such forms of work. Conclusions and prospects for development. The author concludes that the spread of digital technologies positively influences war veterans’ access to information on available legal opportunities and guarantees in labor law and social security. The introduction of state electronic services related to education (retraining), professional adaptation, and employment of war veterans represents a step forward in ensuring this category of workers can exercise their labor rights and receive employment-related social benefits and guarantees. For war veterans, employment under non-standard conditions presents a viable solution for realizing their right to work while benefiting from digitalization in society and the economy. It is suggested that labor legislation should move towards regulating non-standard employment relationships, which remain largely unregulated, as these forms of employment offer numerous advantages and align with workers’ interests.

It is established that the Russian legislation on the special tax regime “Professional Income Tax” predetermines the specifics of the status of the self-employed in the labor market, prohibiting their participation in labor relations and restricting their entry into civil law relations with former employers within two years after the termination of the employment contract with them. Relations on the implementation of entrepreneurial activities by the self-employed are implemented within the framework of a non-standard form of employment, tend to converge with labor relations, since, in accordance with the law, the self-employed performs work or provides services, like an employee, personally. In the new legislation on employment, the employment of citizens aimed at generating income, which does not contradict the law, is correctly called labor, but the self-employed are not quite consistently classified as employed citizens. It is shown that the introduction of a tax on professional income has led to a significant reduction in shadow employment, however, business allows the substitution of civil law relations with self-employed labor relations. In this regard, the measures provided for by law to counter illegal employment were approved. Taking into account the position of the International Labor Organization on the need to ensure decent work and social protection of all categories of working citizens, as well as foreign experience in ensuring the social and labor rights of the self-employed, it is concluded that it is possible to endow the Russian self-employed primarily with labor rights in the field of collective protection – to unite, collective bargaining, strike. In order to ensure the right of the self-employed to an old-age pension, it was proposed to divide the burden of expenses on insurance pension contributions between the self-employed and their counterparties.

Summary In the article, the author analyzes the impact of the Russian aggression against Ukraine, which began in February 2014, and the subsequent occupation of part of the Ukrainian territory on the implementation of social and labor rights of the local population. A historical review of the formation of the category of human rights in international law and their correlation with armed conflicts is conducted. The situation with the restriction of labor and social human rights in Ukraine in connection with the armed conflict is shown, primarily in the occupied territories. The essence of collaboration activities as a serious crime is revealed. The state of implementation of labor and social rights of internally displaced persons is analyzed.

Research Article| March 01 2020 A Renewed Call for a Robust Labor and Human Rights Agenda Cathy Feingold Cathy Feingold CATHY FEINGOLD is a leading advocate on global workers’ rights issues. As director of the AFL-CIO’s International Department, Feingold is a committed and passionate advocate, strategic campaigner, and policy expert. In 2018, Feingold was elected deputy president of the International Trade Union Confederation, the organization representing 200 million unionized workers worldwide. She has more than twenty years of experience in trade and global economic policy, and worker, human, and women’s rights issues. Her work in both global and grassroots fora reflect her commitment to strengthening the voice of working people in global policy debates. Search for other works by this author on: This Site Google Labor (2020) 17 (1): 113–121. https://doi.org/10.1215/15476715-7962864 Cite Icon Cite Share Icon Share Facebook Twitter Email Permissions Search Site Citation Cathy Feingold; A Renewed Call for a Robust Labor and Human Rights Agenda. Labor 1 March 2020; 17 (1): 113–121. doi: https://doi.org/10.1215/15476715-7962864 Download citation file: Zotero Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search nav search search input Search input auto suggest search filter Books & JournalsAll JournalsLabor Search Advanced Search In his recent book Not Enough: Human Rights in an Unequal World, Samuel Moyn argues that the modern human rights movement has failed to challenge the neoliberal economic model and the growing economic inequality of the past decades. His thesis underscores tensions that have existed between a human rights movement that has focused mostly on addressing individual civil and political rights versus the conceptions of collective economic and social rights proposed by unions and allied labor rights organizations. While some traditional human rights organizations continue to argue that social justice remains outside their mandate, other smaller human rights organizations are shifting resources to increase their work on economic rights and strengthen transnational partnerships between human, labor, women’s, and social rights movements that challenge the current economic model and call for new economic rules that promote the well-being of workers and... Copyright © 2020 Labor and Working-Class History Association2020 You do not currently have access to this content.

An historical narrative emphasizing the “counterrevolution in the social‐economic sphere” of neo‐liberalism's attack worldwide on organized labor and welfare provision since the 1970s distorts or ignores the gains and transformations of collective bargaining in Germany and South Africa during this period. Despite apparent differences between these cases, both labor movements succeeded in transforming narrowly circumscribed workplace rights into broader demands for political and economic change. Migrant or non‐citizen workers played a key role in both cases, and workers gained important reforms in the absence of strong party allies in power. The cases thus draw into question the universality of the Marshallian, liberal path to worker power, from civil rights to political and finally labor and social rights. These examples of the postliberal path suggest instead that gains in labor rights can lead to gains in social and political rights.

Background: Today, the Eurasian Economic Union (hereinafter the EAEU) has formed its own labour market; however, in the current international environment, issues related to ensuring the health protection of migrants and their access to employment persist. Despite ongoing efforts within the EAEU to develop and deepen Eurasian integration and improve the regulatory framework, there is a need in the age of digitalisation to develop better access for workers to social protection and medical support systems. The relevance of this scientific article lies in the presence of problematic issues related to the fact that many migrants are not registered and lack the documentation to protect them legally and financially; this situation contributes to the development of informal employment and low labour productivity. Although the EAEU countries have established working and socio- economic conditions, the issue of ensuring health protection, access to work, and social protection for labour migrants remains unsolved. Methods: This article employs various methods of scientific cognition, including historical and legal analysis, comparative legal study, induction and deduction, as well as analysis and synthesis. It also applies the acts and regulations of the ILO. What is the role of protecting the socio-economic and labour rights of migrant workers as the main task of receiving states? In law enforcement practice, to what extent do the provisions of international agreements on the organised hiring of workers between receiving countries and countries of origin of migrants ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes? How does national regulation of labour migration in integration associations of states rationally organise their actions on the principles of national treatment for migrant workers? Labour migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked to the protection of the interests of fellow citizens in regulating labour migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers but also to provide all conditions for migrants to fulfil their obligations to civil society. The study examined the free movement and provision of labour and social guarantees for labour migrants in the EAEU and compared their situation in the EU. It also surveyed labour migrants in the EAEU by questioning workers in education, medical care, and various private sectors. This article is based on the results of this study. This article examined the challenges in providing guarantees and social protection for EAEU labour migrants. It proposed improvements to legal regulatory mechanisms and outlined recommendations for improving and expanding opportunities for free movement while better safeguarding the social and labour rights of migrants in the EAEU. The study’s primary objectives were as follows: - Examining the provisions of the ILO Convention on migrant workers. - Collecting and analysing data on labour movement across the EAEU - Analysing international EU treaties regarding the legal status of migrant workers - Interviewing migrant workers in the EAEU on issues related to their provision of rights and guarantees under the EAEU Treaty. Results and conclusions: This study highlights the need to organise safe labour migration, provide labour migrants with full access to digital services, improve the system of vocational and technical education in line with labour market demands, as well as develop and implement a unified system for ensuring the safety of workers and their families. Successful adaptation in the host country is identified as a critical factor for both labour migrants and their families. The authors recommend adding a dedicated chapter to the EAEU treaty that would comprehensively address labour and social rights, along with their guarantees.

I 1. The Future of Social Rights Protection in Europe 2. Social Rights in European Constitutions II THE EUROPEAN SOCIAL CHARTER 3. The Supervisory Machinery of the European Social Charter: Recent Developments and Their Impact 4. Assessing the Strengths and Weaknesses of the European Social Charter's Supervisory System 5. Domestic Enforcement of the European Social Charter: The Way Forward 6. The Material Impact of the Jurisprudence of the European Committee of Social Rights III THE EUROPEAN UNION 7. Anchoring the European Union to the European Social Charter: The Case for Accession 8. The Trajectory of Fundamental Social Rights in the European Union 9. Social and Labour Rights under the EU Constitution 10. Fundamental Labour Rights after the Lisbon Agenda 11. How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights IV ESC JURISPRUDENCE AND THE EU ACQUIS: THE COMMON CORE AND THE ADDED VALUE? 12. The Right to Work 13. Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination 14. The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose 15. We Don't See a Connection: The 'Right to Health' in the EU Charter and European Social Charter V BEYOND EUROPE'S BORDERS 16. The Integration of Social Rights Concerns in the External Relations of the European Union 17. European Fundamental Social Rights in the Context of Economic Globalization

List of contributors Acknowledgements List of abbreviations Table of cases Introduction Bob Hepple Part I. Responses to Globalisation: 1. Common law, labour law, global law Lord Wedderburn 2. The interaction of the ILO, the Council of Europe and European Union labour standards Paul O'Higgins Part II. The Potential of Fundamental Social Rights in the European Union: 3. The Politics of the EU Charter of Fundamental Rights Manfred Weiss 4. Market freedom and fundamental social rights Silvana Sciarra 5. Corporate governance, European governance and social rights Catherine Barnard and Simon Deakin Part III. Constitutionalisation and Enforcement of Social Rights: Some Comparisons: 6. Social rights as fundamental human rights Ivan Hare 7. The legal efficacy and significance of fundamental social rights: lessons from the European experience Antoine Lyon-Caen 8. An American perspective on fundamental labour rights Cynthia L. Estlund 9. The impact of fundamental social rights on Japanese law Takashi Araki 10. Enforcement: the law and politics of cooperation and compliance Bob Hepple Index.

Problem setting. For many years, in Ukraine, as in many other countries, standard labour relations prevailed in the field of labour and employment, characterised by stability and duration, subordination and control of the employee to the employer, as well as the availability of social guarantees for employees. However, socio-economic changes, globalisation, the post-industrial revolution, and the development of information technologies that allow the use of labour, in particular, through digital platforms, have led to the formation and spread of non-standard labour relations characterised by instability and the lack of an adequate level of labour guarantees and working conditions, primarily in the areas of remuneration, working hours and rest periods, occupational safety and health, etc. analysis of recent researches and publications. In their studies, labour scholars have drawn attention to the need to consolidate non-standard forms of employment in Ukraine and to comprehensively reform labour legislation: S.V. Venediktov, S.V. Vyshnovetska, L.P. Garashchenko, V.P. Kokhan, Y.I. Svichkariova, O.G. Sereda, Y.V. Simutina, M.M. Shumylo, A.M.Yushko and others. In recent years, several monographic studies have been published on the problems of reforming and improving labour legislation with due regard to the need to ensure proper protection of social and labour rights in the realities of the digital era. At the same time, little or no attention has been paid to the challenges posed by the spread of such employment to the implementation and protection of fundamental labour rights proclaimed by the International Labour Organization, including freedom of association and the effective recognition of the right to collective bargaining; the effective abolition of child labour; the elimination of discrimination in respect of employment and occupation; and a safe and healthy working environment. Purpose of the research is to identify and characterise the challenges and threats of non-standard employment through the prism of basic principles and rights at work that are part of universally recognised human rights. article’s main body. Despite the fact that most of the attention in the world today is probably paid to the issues of access to labour rights and guarantees for so-called gig workers engaged in online platforms, who often face the inability to enjoy these rights, the problems of implementing internationally recognised fundamental labour rights go far beyond platform employment and extend to a much wider area of work that does not fall under the category of standard indefinite full-time employment. For example, in cases of concluding an employment contract with non-fixed working hours, the probability of employees’ “voluntary” refusal to exercise their fundamental rights and respond to possible abuses by the employer is very high and significantly increases the employer’s managerial powers. One of the most acute challenges of the digitalisation of the economy in Ukraine is the development of an adequate mechanism for the exercise by precarious workers, primarily those who work through online platforms, of one of their fundamental rights – the right to associate for the collective protection of their socio-economic interests. conclusions and prospects for the development. The development of the digital economy and the rise of nonstandard employment have led to a broad debate on the scope of labour law, while little attention has been paid to a comprehensive understanding of how these forms of employment affect the enjoyment of fundamental principles and rights at work. Yet, such an understanding is extremely necessary in view of the international community’s recognition of fundamental labour rights as human rights. Non-standard employment, especially when combined with precariousness or precariousness, can make it difficult or even impossible to ensure and implement fundamental ILO principles and rights at work, including freedom of association and the effective recognition of the right to collective bargaining; effective prohibition of child labour; nondiscrimination in respect of employment and occupation; and a safe and healthy working environment. In view of this, proper enforcement of these rights as human rights requires systemic actions by governments and businesses aimed at both limiting the use of non-standard employment and further improving the mechanisms for the implementation and protection of labour rights regardless of employment status.

1. Introduction: Transnational human rights obligations, Mark Gibney and Wouter Vandenhole Part 1: International Economic Governance Structures 2. U.S. Trade Santions (World Trade Organization, Panel, Claire Buggenhoudt 3. Biofuel and the Right to Food (World Trade Organization, Panel), Alexia Herwig 4. Land Grabbing and Gender Issues (International Finance Corporation and Compliance Advisor Ombudsman), Joss Saunders Part 2: Global (Human Rights) Monitoring Bodies 5. Putting an End to Victims without Borders: Child pornography (Committee on the Rights of the Child), Gamze Erdem Turkelli 6. Extraterritorial Shared Responsibility for the Right to Health (Committee on Economic, Social and Cultural Rights), Rachel Hammonds and Gorik Ooms 7. Economic, Social and Cultural Rights of Nuba Peoples (Committee on Economic, Social and Cultural Rights), Jernej Letnar Cernic 8. Only the Little People Pay Taxes: Tax evasion and Switzerland's extraterritorial obligations to economic, social and cultural rights (Committee on Economic, Social and Cultural Rights), Nicholas Lusiani 9.Labour Rights in a Transnational Perspective (Committee on Economic, Social and Cultural Rights), Arne Vandenbogaerde 10. Climate Change (Human Rights Committee, Ad hoc Conciliation Commission), Margreet Wewerinke 11. Land Grabbing in Uganda by a Multinational Coporation (World Court of Justice), Christopher Mbazira 13. Structural Adjustment and Farmers' Suicide in India (International Court of Justice), Anita Punj 14. (Economic) Crimes against Humanity (International Criminal Court), Michael Wabwile Part 3: Regional Human Rights Monitoring Bodies 15. Public Duties for Private Wrongs: Regulation of multinationals (African Commission on Human and Peoples' Rights), Takele Soboka Bulto 16. Forced Evictions in Zimbabwe (African Commission on Human and Peoples' Rights), Khulekani Moyo 17. Land Grabbing in South America (Inter-American Human Rights Commission), Ana Maria Suarez-Franco 18/ Enforcing Extraterritorial Social Rights in the Eurozone Crisis (European Committee of Social Rights), Matthias Sant'Ana 19. Military Interventions in Non-European States (European Court of Human Rights), Nico Moons Part 4: Domestic Courts 20. Extraordinary Rendition (U.S. Supreme Court), Mark Gibney

The article reveals the problems of delegation local government bodies with separate state powers to create conditions for the implementation of passenger and baggage transportation activities by taxi and the implementation of regional state control (supervision) in the sphere of passenger and baggage transportation by taxi. The author provides specific examples of the transfer of such powers from the regional to the municipal level, and concludes that this experience is unsuccessful. Among the legal problems of the implementation of powers by local government bodies in the sphere of taxis, there are: the lack of consolidation in special legislation of the possibility of exercising these powers by local government bodies; the presence of intermunicipal transportation by passenger taxis; the impossibility of bringing offenders to administrative responsibility. Taking into account these problems, it is proposed to prohibit the delegation of local government bodies with the powers in question.

Labour rights have been neglected in human rights law. Classified usually as social rights, they have been excluded from key human rights conventions. Recently, the European Court of Human Rights has developed a technique, known as an 'integrated approach to interpretation', because it integrates social and labour rights in the European Convention on Human Rights. The first part of this article presents case law and debates on the adoption of this technique, and also discusses the example of Canada, where similar developments are taking place. It finds controversy in literature, and uncertainty in judicial decision-making. The second part, therefore, develops a normative justification for the integrated approach in interpreting labour rights. This is based on freedom, a key value underlying civil and political rights. Negative accounts of freedom are inadequate, though, for reasons that the article explains. Instead, it analyses positive freedom in light of the theory of capabilities, which leads to the collapse of sharp divisions between groups of rights. A positive account of freedom as capability requires the protection of labour rights under the European Convention on Human Rights, and leads to the development of important principles on human rights at work. © The Author [2013]. Published by Oxford University Press. All rights reserved.

The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.


 
 
 
 A sztrájkhoz való jog a munkaharc egyik formájaként a kollektív munkajog területének kiemelkedően fontos és sokat tárgyalt kérdésköre, különösen korlátozhatóságának terjedelme miatt. A munkajogviszony egyik meghatározó jellemzője, hogy a munkáltató és a munkavállaló között hierarchikus viszony alakul ki (függő munka), amelyben az utóbbi alárendelt helyzetben van. A munkavállaló személyi és gazdasági függése a munkáltatótól előbbi gazdasági és szociális kiszolgáltatottságát eredményezi, ami a felek között a polgári jogra jellemző egyensúlyi helyzetet megbontja, és így egyfajta erőbeli egyenlőtlenség alakul ki köztük. Ezen helyzetek kiegyensúlyozására szolgáló eszközök egyike a sztrájkhoz való jog, amely lényegében a munkavállaló ellenállási joga, „a kollektív önrendelkezés egyik kifejező formája”.