Hnidenko V. Legal regulation of flexible forms of employment.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100917

Applicant for

Specialization

  • 12.00.05 - Трудове право; право соціального забезпечення

02-04-2021

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the complex research of theoretical and legal bases of legal regulation of flexible forms of employment in Ukraine. The paper analyzes scientific works, norms of international and national legislation, which determined the directions of research in view of the European integration course of the state employment policy. It is pointed out that the most significant features that distinguish standard (classical) employment from its flexible forms are: flexible ways of organizing working time, workplace and employment. Based on this list of features, we propose our own classification of flexible forms of employment: a) Flexible forms of employment with flexible ways of organizing working time (temporary employment, part-time employment; call work, seasonal employment; fixed-term employment, division of working time between employees, employment on a flexible working day); b) Flexible forms of employment with flexible ways of organizing the workplace (remote (remote) employment; telework; freelance; homework; shift work; employment of domestic workers); c) Flexible forms of employment with flexible methods of employment (borrowed work, outsourcing, outstaffing, staff leasing, self-employment, employment in the household). The paper formulates the concept and features of flexible forms of employment and outlines the historical and legal genesis of international legal regulation of flexible forms of employment. Different forms of employment are distinguished from standard forms of employment. The essence of legal relations in the field of flexible forms of employment is analyzed and the grounds for the emergence, change and termination of legal relations in the field of flexible forms of employment are determined. Proposals for ways to borrow foreign experience in the legal regulation of flexible forms of employment have been developed. Based on the obtained theoretical results, a number of proposals have been formulated to improve the current labor legislation regulating flexible forms of employment.

Files

Similar theses