EXTENSION OF UNIFIED FORMS OF EMPLOYMENT AS EXPANSION OF THE FIELD OF LABOR LAW
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The paper analyzes the scientific developments regarding the trend of extending the scope of labor law through the emergence of new types of employment. The author focuses on the fact that employment is becoming increasingly versatile, and along with traditional full-time employees, employers seek to hire workers so that their services can be used with maximum efficiency. The article emphasizes that wage employment in Ukraine has become widespread in particular with regard to workers in auxiliary industries. On the basis of the conducted research, the author concluded on reorientation of the sphere of labor law of Ukraine. Employment is becoming more and more diverse, and along with traditional full-time employees, employers seek to hire workers so that their services can be used with maximum efficiency. Many people agree on short- term contracts or work on certain days of the week because of lack of other offers on the labor market. These types of contracts fall within the scope of labor law, but there are also civil agreements through which you can use the services of self-employed and some other categories of persons. At first glance, relations that arise on the basis of such contracts are outside the scope of employment law. However, in determining the possibility of the existence of labor relations, it is necessary to be guided by what has actually been agreed upon and executed by the parties, and not the name of the contract. Therefore, the existence of labor relations depends on the existence of objective conditions (the form chosen by the employer and the employer to formalize the legal relationship, their rights and responsibilities, and actually the services provided or the work performed), and not from how the parties characterize these relationships. In Ukraine, widespread borrowing has become widespread in particular for workers in auxiliary industries. Despite numerous studies devoted to the field of labor law, yet economic and social changes in society require a new understanding of the scientific developments of the past on these issues and the development of a modern vision of the scope of labor law, which has recently expanded through the spread of new forms of employment, which is the goal and the purpose of this article. «Tripartite» labor relations arise as a result of the fact that the employees of the «vendor» work in the interests of a third party – the «user enterprise» for which their employer provides these employees to use their workforce. Such relations use a wide range of contracts for their official registration. Despite the complexity of such relationships, they can have positive effects for employees in terms of employment opportunities and employment, remuneration, experience and professionalism, etc. However, from a legal point of view, such relationships can create technical difficulties because these employees begin to interact with two parties, each of which assumes certain functions of the «traditional employer». In addition, within the framework of «tripartite» labor relations, the employee often does not understand – who is his true employer? Thus, the scope of labor law should be reoriented to such «tripartite» labor relations and open up perspectives for constructive and fruitful discussions and work on their labor-legal regulation.
Authors and Affiliations
Л. Ю. Величко
Keywords
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