THE FEATURES OF LABOR RELATIONS WITH DISTANT WORKERS
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. The legal regulation of a distant work in Ukraine is extremely limited nowadays. There are no mentions of a distant work in the national legislation. Just a few canons of law about work at home exist in the Labor Code of Ukraine and in the Law of Ukraine «About Basis of Social Security of Invalids in Ukraine». Considering, that more and more persons are willing to be employed distantly, scientists should provide a comprehensive concept of a distant work and to offer corresponding proposals to the national legislation. Analysis of recent researches and publications. Despite a big number of scientific papers dedicated to a theme of labor relations, the problem of a distant work is a rare object of researches. Some their aspects have been analyzed in the works of lawyers A. Lushnikov, M. Lushnikova, I. Pogodina, Y. Saenko, O. Sereda, V. Sojfer, Y. Svichkarova, P. Svitajlo, economists L. Emelyanenko, A. Kolot, V. Krasnomovets, I. Motorna, M. Motsar, L. Novozhilova and others. Admitting a huge importance of the papers of mentioned scientists, we guess, that some crucial aspects of a distant work still miss a detailed analysis. Target of research. The target of the article is to study main features of labor relations with distant workers, that seriously distinguishes them from classical labor relations. Article’s main body. Distant work is such kind of work, when an employee performs own duties out of the employer’s buildings and contacts with own chief and another workers via informative technologies. A phrase «out of the employer’s buildings» requires more detailed analysis, since it means both a physical distance between parties of the labor relations and absence of employer’s influence on the working place of a distant employee. The latter determines one of the most crucial distinctions between classical and distant work – an employer usually should not provide normal conditions for a distant employee; he does not provide a cleaning of the working place; there is no control under an access to the working place by third persons and so on. Similar restrictions of employer’s organizing power can be found, when there is a talk about duty of an employer to provide an employee with the required conditions of work (that is set in the article 29 of the Labor Code of Ukraine). The mentioned obligation belongs to a distant work – usually he procures himself all he needs. Though, there are possible exceptions from this rule, when a profession of the distant worker requires licensed programs or special programs are needed to secure the information, that sides send to each other. Conclusions and prospects for the development. A distant work distinguishes from classical labor relations by a few points, such as: limitation of the organizing element (it is impossible to control the access to the working place of such worker; no need for the employee to provide normal conditions – an employee does this himself and so on); an employee sets himself a regime of using of the working time; some canons of law do not work for a distant employee (no additional payments are valid in case of work during the night; no punishment is available for a truancy etc.). At the same time these differences does not testify about no-labor character of the relations with distant workers; it is rather a sign of such global changes in the labor relations as enlarging of their flexibility and contractual freedom of their sides.
Authors and Affiliations
V. D. Aveskulov
Keywords
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