Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect

Abstract

The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.

Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine

“…For example, one of such shortcomings is the forced employment of an employee with the consent of the elected body of the trade union, provided for in Part 3 of Article 62 and Article 64 of the Labor Code of Ukraine, because forced employment is a violation of the principle of prohibition of forced labor 43 of the Basic Law of Ukraine. In other words, the Constitution of Ukraine stipulates that the use of forced labor is prohibited, while the Labor Code of Ukraine contains a rule that allows forced labor if by consent of the elected body of the trade union (Yaroshenko et al 2021 ).…”

Gender inequality in the labour market of Ukraine

“…This step can help to establish a more balanced division of family responsibilities, and more involvement of both parents in the care of the child, not only after birth but also in the following years. The possibility of alternative forms of employment (part-time, flexible, remote) may also contribute to reducing the disparity in the representation of women and men in the labour market in Ukraine to reach a level closer to the EU average (Yaroshenko et al, 2021a).…”

“…Women make up the majority of the population in any society, so lowering entry barriers for women leads to an expansion of the productive class and is fruitful for the post-industrial economy. The practice of economic reforms has shown that in the absence of an adequate system of state employment regulation measures, the female part of the workforce is the first to be pushed to the periphery of the labour market or even beyond it (Yaroshenko et al, 2021a). As a result, hidden and overt discrimination against women, gender segmentation of the labour market and devaluation of women's education and qualification potential are increasing.…”

Gender Inequality in Social Security on the Basis of the ECtHR Case-Law

“…Therefore, it can be summed up that at all stages of the development of the modern system of international law, the issue of equality in general and gender equality, in particular, has become essential, while the legal norms relating to this issue have been established throughout the development of contemporary international law and will be developed further. The increased interest in gender equality and the need for protection mechanisms against gender-based discrimination are caused by a low level of women's protection 24 .…”