经济数字化条件下劳动法律规制领域的国家政策

IF 0.1 Q4 LAW
M. Sagandykov
{"title":"经济数字化条件下劳动法律规制领域的国家政策","authors":"M. Sagandykov","doi":"10.21638/spbu14.2023.102","DOIUrl":null,"url":null,"abstract":"Digitalization creates new challenges for public policy in the regulation of labor relations. The purpose of the article is to identify the most complex problems associated with the introduction of information and communication technologies in labor relations, and to outline ways of their legislative solution. For this purpose the analysis of Russian and foreign scientific literature, labor legislation, judicial practice, documents of the International Labor Organization, including those adopted in 2020 in response to threats to labor relations caused by the COVID-19 pandemic is used. The inefficient use of already available electronic resources for the implementation of electronic case management is noted. The idea of the need to extend modern technology not only to the electronic exchange of documents, but also to their creation, storage, processing is supported. It is concluded that it is inexpedient to use an enhanced electronic signature of an employee in labor relations, in connection with which it is proposed to use special digital platforms supported by the state. It is proposed to gradually get rid of the practice of duplicating electronic and traditional “paper” records management. Relationships formed in the process of application of distant labor contain all the classical features of the employment relationship, which is facilitated by the employer’s use of modern means of control over the behavior of the employee. Digital technologies create new opportunities for the use of labor resources and make it possible to include new forms of employment in the scope of labor legislation, where to a greater or lesser degree there is economic, organizational dependence of the executor (employee) on the customer (employer), based on innovative means of control and management, as well as the dependant’s need for traditional means of social protection. Differentiation and decentralization of legal regulation is proposed to maintain the stability of labor relations.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"136 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"State policy in the sphere of legal regulation of labor under conditions of digitalization of economy\",\"authors\":\"M. Sagandykov\",\"doi\":\"10.21638/spbu14.2023.102\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Digitalization creates new challenges for public policy in the regulation of labor relations. The purpose of the article is to identify the most complex problems associated with the introduction of information and communication technologies in labor relations, and to outline ways of their legislative solution. For this purpose the analysis of Russian and foreign scientific literature, labor legislation, judicial practice, documents of the International Labor Organization, including those adopted in 2020 in response to threats to labor relations caused by the COVID-19 pandemic is used. The inefficient use of already available electronic resources for the implementation of electronic case management is noted. The idea of the need to extend modern technology not only to the electronic exchange of documents, but also to their creation, storage, processing is supported. It is concluded that it is inexpedient to use an enhanced electronic signature of an employee in labor relations, in connection with which it is proposed to use special digital platforms supported by the state. It is proposed to gradually get rid of the practice of duplicating electronic and traditional “paper” records management. Relationships formed in the process of application of distant labor contain all the classical features of the employment relationship, which is facilitated by the employer’s use of modern means of control over the behavior of the employee. Digital technologies create new opportunities for the use of labor resources and make it possible to include new forms of employment in the scope of labor legislation, where to a greater or lesser degree there is economic, organizational dependence of the executor (employee) on the customer (employer), based on innovative means of control and management, as well as the dependant’s need for traditional means of social protection. Differentiation and decentralization of legal regulation is proposed to maintain the stability of labor relations.\",\"PeriodicalId\":41041,\"journal\":{\"name\":\"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo\",\"volume\":\"136 1\",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21638/spbu14.2023.102\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21638/spbu14.2023.102","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0

摘要

数字化对劳动关系监管的公共政策提出了新的挑战。本文的目的是确定与在劳动关系中引入信息和通信技术有关的最复杂的问题,并概述立法解决这些问题的方法。为此,本文分析了俄罗斯和国外的科学文献、劳工立法、司法实践、国际劳工组织的文件,包括2020年通过的应对2019冠状病毒病大流行对劳资关系造成威胁的文件。委员会注意到,在实施电子案件管理方面,现有电子资源的利用效率低下。支持需要将现代技术不仅扩展到文件的电子交换,而且扩展到文件的创建、存储和处理的想法。结论是,在劳动关系中使用增强的员工电子签名是不合适的,因此建议使用国家支持的特殊数字平台。建议逐步摆脱重复电子和传统“纸质”档案管理的做法。在远程劳动的应用过程中形成的关系包含了雇佣关系的所有经典特征,这得益于雇主对雇员行为的现代控制手段的使用。数字技术为利用劳动力资源创造了新的机会,并使在劳工立法范围内纳入新的就业形式成为可能,其中执行者(雇员)基于创新的控制和管理手段或多或少地在经济上和组织上依赖于客户(雇主),以及被依赖者对传统社会保护手段的需要。为维护劳动关系的稳定,提出了法律规制的差异化和分散化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
State policy in the sphere of legal regulation of labor under conditions of digitalization of economy
Digitalization creates new challenges for public policy in the regulation of labor relations. The purpose of the article is to identify the most complex problems associated with the introduction of information and communication technologies in labor relations, and to outline ways of their legislative solution. For this purpose the analysis of Russian and foreign scientific literature, labor legislation, judicial practice, documents of the International Labor Organization, including those adopted in 2020 in response to threats to labor relations caused by the COVID-19 pandemic is used. The inefficient use of already available electronic resources for the implementation of electronic case management is noted. The idea of the need to extend modern technology not only to the electronic exchange of documents, but also to their creation, storage, processing is supported. It is concluded that it is inexpedient to use an enhanced electronic signature of an employee in labor relations, in connection with which it is proposed to use special digital platforms supported by the state. It is proposed to gradually get rid of the practice of duplicating electronic and traditional “paper” records management. Relationships formed in the process of application of distant labor contain all the classical features of the employment relationship, which is facilitated by the employer’s use of modern means of control over the behavior of the employee. Digital technologies create new opportunities for the use of labor resources and make it possible to include new forms of employment in the scope of labor legislation, where to a greater or lesser degree there is economic, organizational dependence of the executor (employee) on the customer (employer), based on innovative means of control and management, as well as the dependant’s need for traditional means of social protection. Differentiation and decentralization of legal regulation is proposed to maintain the stability of labor relations.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
0.30
自引率
50.00%
发文量
18
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信