Gig contract as a Ukrainian legal phenomenon and features of its occurrence in the framework of gig economy

Abstract

The article studies relations arising in connection with the use of gig contracts when working with remote workers / gig specialists within the framework of the gig economy. Therefore, the aim of the study is to determine the legal nature of gig contracts, identify their advantages and disadvantages, specify global trends in the digital economy in the context of ensuring the rights of workers in new forms of employment, and suggest improvements to protect the rights and freedoms of working citizens. In order to achieve the research aim, various approaches to gig economy and gig contracts are analyzed. Moreover, the characteristics of the gig work are identified within the legislative framework of the EU, USA, India, and Ukraine. Furthermore, the research examines whether gig workers are considered independent contractors. As a result, it is established that gig contract is a hybrid of a civil contract and an employment contract which combines flexibility in work and basic social guarantees. Apart from that, the legal instruments regulating gig contracts in Ukraine are studied to single out its main features and innovations. The article argues that the use of such tools is a response to the challenges associated with the labor market globalization and offers recommendations for improving the regulation of the gig economy in Ukraine based on international experience.