The Platform Work: The Perspectives for Regulation by Russian Labor Law

Abstract

Due to the restrictions imposed because of the coronavirus infection, work through online platforms has become the focus of public attention and resonant public discussion. The article analyzes the prospects for the extension of labor law norms in this rapidly growing sector of employment. It is proposed to enshrine in the Labor Code a direct rule that work through online platforms, in which the platform sets the requirements for exactly how the work should be performed, should be qualified as labor under an employment contract. In addition, the author comes to the conclusion that it is necessary to adopt norms on the joint responsibility of the company owning the online platform and intermediary companies on which behalf the contracts are concluded with online workers. Longer-term and more fundamental decisions regarding new forms of employment should include a revision of the entire employment relations paradigm as well as the notion of actor of labor law. The employment relationship notion should be expanded and include the actors with currently transitional legal statuses in relation to contractors who do not have all the characteristics of an employee working under an employment contract, but are in need of legal protection due to economic dependence.