Some issues of legal regulation of distance of employment

Abstract

The article is devoted to the problems of content analysis, the place and role of distance employment in the employment system of Ukraine. We have pointed out that jobs are undergoing certain transformations, depending on the introduction into the production process of digital technologies, and therefore immediately entail a change in the forms of employment and the use of workers' labor. On the one hand, the introduction into the workplace of technological innovations in the workplace is aimed at the direct improvement of working conditions and, as a consequence, an increase in the motivation of workers to qualitatively fulfill their labor functions. On the other hand, it becomes a certain threat to the employee, since part of his work functions (or even all) can be performed by an automated system or artificial intelligence.
The author pointed out that distance employment appeared in the process of transition to the information society, the development of communication technologies and innovations, which predetermined the possibility of "remote labor relations" between the employer and his employees. Despite the fact that distance employment has appeared relatively recently, its rapid development significantly affects the internal and external (international) labor market.
In addition, it is fairly noted that labor relations for distance employment are not regulated by labor legislation, there is an intensification of the role of individual labor contracts, which must take into account the features of this form of employment, while not depriving the employee of his social and labor guarantees, defined by labor legislation.
As a result, we have indicated that the introduction of a remote form of employment and its legalization should occur at several levels. The state's innovative labor policy should include discussion and legislative consolidation of flexible forms of employment, in particular, distance employment. The first level is the national (state), which is conditioned by the necessity of creating a single legal and regulatory framework that regulates the issue of the emergence, change and termination of employment relationships under the conditions of distance employment. The second level is sectoral, since, as already mentioned, the distance form of employment is characteristic only of certain types of professions and therefore should be included in the policy of branch development. The latter level is local, since the policy of organizational restructuring in the immediate workplace is a key element and is intended to ensure the actual realization of the right to work under the conditions of distance employment.