In the dissertation study, the author focuses on a comprehensive and deep analysis of the legal regulation of labour relations of people working outside the employer's location. The author solves the scientific tasks set in the study and provides proposals for improving the current labour legislation in the field of study.
In the dissertation, the author argues the relevance of the research topic and shows the compliance of the chosen topic with scientific strategies, concepts, programmes, plans and topics. The dissertation contains data on the testing of the research results, and the work also contains a list of the author's scientific achievements.
In this scientific work, the author provides his own definition of the concept of "labour relations of people working outside the employer's location" as legal relations between the employer and the employee regulated by labour legislation in relation to the performance of work by the latter, with the aim of obtaining a labour product, when the process of labour activity is transferred outside the traditional office of the employer, which is under the direct control of the employer. The specific features of the studied concept are determined. It is proved that the difference between legal relations and traditional ones is manifested in the organisational and legal aspect, in particular, in the organisation of working conditions.
The author argues that the concept of "outside the employer's location" implies that the workplace should be located outside the employer's direct organisational influence, i.e. outside the scope of the employer's constant and unimpeded control over the employee at his/her workplace.
The author substantiates that the advantages of employment relations of people working outside the location for an employee are, in particular, the following: the possibility of employment for people with disabilities; the possibility of combining work with another type of socially useful work; an increase in the supply of jobs in the labour market; saving time and money which can be spent on the way to the office; the possibility of working remotely in conditions convenient for such a person; the possibility of working and receiving remuneration for work performed in case of poor health, and also
It is established that there are several different forms of labour relations of people working outside the employer's location, each of which has its own specific features.
The main forms of the studied labour relations are identified, namely: remote work and home work. The author separately examines gig-contract and platform employment (as a form of labour relations which will be introduced in the near future) as a special form of involvement of certain specialists in labour activity.
The author proposes to amend Article 1 of the Law of Ukraine "On Stimulating the Development of the Digital Economy in Ukraine", namely, paragraph 1 of this Law, in particular, to refer a gig contract to a special type of employment contract, and, as a result, to amend Article 3 of the Labour Code of Ukraine accordingly.
The author characterises the common features of the distinct forms of labour relations of people working outside the employer's location, in particular, 1) socio-legal nature; 2) remote nature of production activities; 3) remote involvement of an employee in the business processes of an enterprise, institution or organisation.
The author identifies and studies the main elements of labour relations of people working outside the employer's location, namely: the object, subject, rights and obligations of the subjects, as well as personal, organisational, labour and property elements.
It is substantiated that in these labour relations, the organisational and labour element is modified, which is actually narrowed due to - complicated integration of such an employee into the workforce; - organisation of the workplace (in particular, in case of remote work), the equipment of which may be provided by both the employer and the remote employee; which leads to a significant reduction in the degree of employer's control over the employee's workplace; restriction of detection of labour offences by the employee, which complicates the procedure for bringing such an employee to labour and legal liability.
