ON THE ISSUE OF APPLICATION OF THE PRESUMPTION OF LABOR RELATIONS TO NON-TYPICAL TYPES OF EMPLOYMENT
Journal Title: Право та інновації - Year 2017, Vol 3, Issue 19
Abstract
Problem setting. The processes of globalization, informatization and development of the technological basis of society lead to changes in the socio-economic field, both positive and negative: there are changes in the labor market: permanent employment is shifting to temporary work, work in the production premises changes by work on a flexible schedule or at home, and this, in turn, leads to the emergence of new “non-typical” types of employment. Analysis of recent researches and publications. Issues of legal regulation of non-typical employment have been studied by such scholars as I. Vetukhova, S. Golovin, I. Kiselev, O. Korkin, A. Lushnikov, M. Lushnikova, N. Lyutov, D. Morozov, A. Motsna, N. Nikitina, O. Protsevsky, O. Rimkevich, V. Soifer, M. Shabanova, O. Yaroshenko. Recently, the first comprehensive research by O. Prilipko appeared in Ukraine. Target of research. The aim of the article is to analyze the researches of scientists, the experience of foreign countries, judicial practice in relation to the introduction of the presumption of labor relations. Article’s main body. Non-typical labor is the labor activity that provides a certain profit; secondly – it’s the organizational and legal relations that differ from the generally accepted labor law provisions according to one or more conditions. In 2006 the International Labor Organization adopted Recommendation № 198 “On Labor Relations” that specifically invited States to consider the possibility of establishing a legal presumption of availability of “individual labor legal relationship”. Conclusions and prospects for the development. We consider it’s necessary to intensify scientific research on updating the national labor legislation taking into account the evolution of types of employment, namely, to define a clear legal regulation of each type of non-typical employment and to determine the criteria to differentiate the non-typical employment relationships and related legal relationships.
Authors and Affiliations
Y. V, Svichkarova
Keywords
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