Digital organization of labor: a breakthrough to post-industrial society?

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The article is devoted to the analysis of the issue of the readiness of modern labor law in Russia to effectively regulate labor relations during the transition from industrial to post-industrial (digital) society. Traditionally, the labor relationship is characterized by a triad of elements: organizational, property, personal non-property. These elements are inseparable, interconnected and interdependent; violation of one of them inevitably entails a violation of other elements of the legal relationship. In modern conditions, the mechanism for exercising subjective rights and fulfilling the obligations of employees and employers is being transformed, and with the emergence of non-standard (atypical) forms of employment, the problem of the impossibility of determining the legal nature of the emerging relations, maintaining the sectoral independence of labor relations, and the inadmissibility of their absorption by other branches of law is acute. The author comes to the conclusion that the vector of development of the digital labor organization is aimed at protecting the rights of employers (business), the state; legal regulation of labor in this area is contradictory, insufficient, and the adopted normative legal acts not only do not streamline the regulation of these relations, but also disorient their participants even more, which ultimately can lead to serious systemic violations of the rights of subjects. The state should strike a balance between increasing flexibility in the legal regulation of labor, adherence to employment standards established in labor law and protecting the rights of workers as a weaker side of the labor relationship.

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Digital labor relations, digital labor organization, employee, employer, non-standard (atypical) labor relations, remote employees

Короткий адрес: https://sciup.org/147235061

IDR: 147235061   |   DOI: 10.14529/law210304

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