The Legal Status of Employment in the Context of the Development of the Gig Economy

A. Ponomarchenko
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Abstract

Relevance. This article explores current employment status issues, in particular how the gig economy has in-fluenced the labor market, as the gig economy and digital platform work have become hot topics, changing the format and experience of work for more and more people. Over the years, there has been an increase in the use of gig workers in Russia as well as abroad for several reasons, such as the changing nature of work, the availability of technology, and work preferences. We will start the article with the concepts of the gig economy, gig employment, and studying the reasons for the growth of gig work, after which we will consider possible areas of legal regulation of platform employment and the judicial practice of foreign countries in the field of gig employment. The purpose of the article is to form a scientific approach to determining the legal status of employment in the context of the development of the gig economy. Objectives: to identify the main areas of legal regulation of platform employment, to study foreign experience in determining the status of the self-employed. Methodology. In the process of working on the study, such methods of scientific knowledge as general scientific (analysis, synthesis, comparison, etc.) and particular scientific (formal dogmatic) methods were used. Results. In the course of the study, the legal consolidation of the status of a gig worker and providing it with minimal guarantees of social protection are substantiated. Conclusion. The author substantiates the need to fix the concept of "independent performer" at the legislative level, determine the degree of control by digital platforms over the activities of independent performers. On the example of foreign experience, conclusions are drawn about the need to guarantee the gig worker social protection of his rights and freedoms in the process of carrying out his activities.
零工经济发展背景下就业的法律地位
的相关性。本文探讨了当前的就业状况问题,特别是零工经济如何影响劳动力市场,因为零工经济和数字平台工作已经成为热门话题,改变了越来越多的人的工作形式和体验。多年来,由于工作性质的变化、技术的可用性和工作偏好等原因,俄罗斯和国外使用零工工人的人数有所增加。我们将从零工经济,零工就业的概念开始,并研究零工工作增长的原因,之后我们将考虑平台就业法律监管的可能领域以及国外在零工就业领域的司法实践。本文的目的是在零工经济发展的背景下形成一种科学的方法来确定就业的法律地位。目的:明确平台就业法律规制的主要领域,学习国外确定个体经营者地位的经验。方法。在进行研究的过程中,使用了一般科学(分析、综合、比较等)和特殊科学(形式教条主义)等科学知识方法。结果。在研究过程中,证实了从法律上巩固零工工人的地位并为其提供最低限度的社会保护保障。结论。在立法层面明确“独立表演者”的概念,确定数字平台对独立表演者活动的控制程度。以国外经验为例,得出结论,需要保障零工工人在开展活动过程中的权利和自由的社会保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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