Labour Law: Challenges of Digital Society

Filipova, Irina

doi:10.17323/2072-8166.2020.2.162.182

Cited by 10 publications

(2 citation statements)

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“…At the same time, in foreign legal practice, the regulation of various aspects of employment using the mechanism of online platforms is developing either by extending the provisions of labor legislation to persons providing services to consumers using this mechanism (Germany, Sweden), or by forming judicial precedents that qualify the relationship between the aggregator and the person providing these services as labor (USA) [15]. In any of these cases, as L.V.…”

Section: Discussionmentioning

confidence: 99%

Precarization as a form of negative impact of digital transformation on the system of labor rights realization

Kurianov¹

2023

E3S Web Conf.

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The processes of precarization actively developing at the present time are examined in this article. Precarization is considered to be the process of increasing the importance of atypical employment forms, accompanied by a decrease in the level of realization of labor rights and social protection of workers. The particular attention is paid to the problems of strengthening the precarization processes in the context of the development of various forms of labor activity organization based on the use of digital technologies. The most striking manifestation of the regulation lack of labor rights and, as a result, the development of precarization processes is manifested in relation to those categories of workers who offer their services to the consumer through “online platforms”. In this way, the article substantiates the need to separate these employees into a separate category and, as a result, the implementation of legal regulation of their rights and obligations, as well as the peculiarities of interaction with employers. At the same time, this article states the necessity of ensuring the adaptive orientation of the development of legal regulation systems of labor relations, which should be a barrier to the development of precarization processes in the context of the digital transformation of the entire socio-economic system.

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Section: Discussionmentioning

confidence: 99%

Precarization as a form of negative impact of digital transformation on the system of labor rights realization

Kurianov¹

2023

E3S Web Conf.

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“…All of the above-cited signals that the regulation of employment in Russia is inadequate to the emerging practice in this area 5 . Since atypical employment is a reality, it is important for the future to timely assess and regulate such emerging phenomena as gig and spot employment etc., and also to prevent the spreading of sham self-employment and informal employment while avoiding to prohibit individual economic activities.…”

Section: Traditional and Non-traditional Understanding Of Employmentmentioning

confidence: 99%

New Concept of Employment: Development of Labor Relations in the Digital Age

Zakaluzhnaya

2023

LIDA

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The role and underlying functionality of labor law are radically changing in the current geopolitical and economic context. Though it gives rise of relations that follow specific rules non-standard forms of employment like outstaffing, gig employment, self-employment, spot employment etc., they may escape any regulation. At the same time, the role of integrative associations at work, transnational corporations is changing. The digitization in labor law is reaching a principally new level. While new methods of business cooperation and social communications will trigger the emergence of new effective forms of employment, the applicable labor law does not adequately follow realities of the day nor takes into account new and various forms of engaging people in specific activities including work. In December of 2022 a meeting on the draft “On Employment” was held at the State Duma. The draft had chapters addressing relations involved in platform work, non-standard forms of employment, etc. However, the draft raised a discussion and was revised, with outstaffing to be regulated under new principles. However, while the draft is not made effective, it can be amended and specified to make the proposed subject even more relevant. Therefore a need to conceptualize new forms of employment and to further improve the relevant legislation is a major area of action today. Moreover, automation at work, while bringing positive developments such as the use of robots able of better performing identical and repetitive tasks, is also fraught with various risks. At that, the increasing use of artificial intelligence is another threat to employment of the population. It is only logical that digitization at work entails non-standard forms of using classical institutions, opening up new possibilities to use social partnership, particularly, in the activities of sectoral unions for regulation of collective labor relations as discussed below in the paper. Author looks at issue of remote work and the nature of approaches to regulation of the underlying relations from a perspective of qualitative changes to regulation of electronic communication between workers and employers as part of remote legal relationships. It is proposed to revise relevant areas of research of mentioned and other relations to address contemporary challenges emerging in the field of labor law in the digital age.

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The Creative Factor in the Competition Between Human and Artificial Intelligence: A Challenge for Labor Law

Filipova

Anosova

2021

Technology, Innovation and Creativity in Digital Society

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Labour Law: Challenges of Digital Society

Cited by 10 publications

References 0 publications

Precarization as a form of negative impact of digital transformation on the system of labor rights realization

Precarization as a form of negative impact of digital transformation on the system of labor rights realization

New Concept of Employment: Development of Labor Relations in the Digital Age

The Creative Factor in the Competition Between Human and Artificial Intelligence: A Challenge for Labor Law

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