регулювання дистанційної роботи та можливості його імплементації в національне законодавство.
The dissertation outlines the understanding of the essence of the concept of «remote work» from various points of view: as an additional form of employment; as a new type of employment for performing skilled work; as forms of organization of labor relations; as a non-standard form of employment; how to work in a virtual environment; as an independent complex of interrelated labor activities; as an innovative activity; as a certain model of building labor relations in society; as a form of interaction between the employee and the employer in the labor market and based on the researched scientific positions of scientists, a proper understanding of remote work is proposed. The main features that are characteristic of remote work have been identified and researched, by dividing them into those features that are fixed at the level of legislative and sub-legislative legal acts, as well as those features that arise from the essence of the understanding of remote work and determine its features.
The historical and legal genesis of remote work is outlined and the main factors of the development of remote work are identified: 1) changes in the economic life of the country; 2) strengthening the role and importance of social protection of workers with certain health defects; 3) maintaining the labor function in relation to able-bodied persons who, under certain circumstances, cannot be at the workplace determined by the employer, i.e. in a specific office, enterprise, institution in the organization; 4) strengthening the protection of life and health of workers during the development of the pandemic and military aggression of the Russian Federation in relation to Ukraine; 5) significant expansion of the service sector and increased flexibility of the labor market; 6) increasing the competitiveness of the workforce; 7) introduction of new technologies in the global economic space. An important place in the dissertation is devoted to the study of the criteria for distinguishing remote work from home work, temporary employment, freelancers, civil law contracts and subcontracts, borrowed (loan) work, work under flexible working hours.
Within the framework of the conducted research, the main features that characterize labor relations in the field of remote work are outlined. Such signs are: 1) regulation of labor relations in the field of remote work is carried out by general norms of labor legislation, and all norms that are adopted and will be adopted in the future to regulate labor relations in the field of remote work must be based on and correspond to the Code of Labor Laws of Ukraine; 2) labor relations are carried out on the basis of an employment contract, i.e., in labor relations with teleworkers, the legal registration of labor relations takes place; 3) in the case of concluding an employment contract for remote work, the remote worker becomes a full-time employee of the enterprise, and therefore all labor rights and guarantees provided for employees of such an enterprise apply to him; 4) the absence of any discrimination and equal treatment of all remote workers on an equal basis with employees working in the usual regime, equality of labor and social rights, including regarding issues of remuneration, equal standards of work, payment of sick leave, right to vacation, rights to compensation for the use of personal property for official purposes, etc.; 5) the application of remote work can be carried out to a significant number of employees, but at the same time, for certain categories of persons, certain restrictions are established on the possibility of using a remote form of labor relations; 6) distribution of working time by the employee at his own discretion, but subject to the internal work schedule, however, such a schedule will not be identical for ordinary "office" workers, since the specifics of the teleworker's work do not allow him to apply the usual forms of internal work schedule; 7) the need to carry out all safety and information measures that apply to employees working under normal conditions. including regarding the conduct of training on labor protection and fire safety, the use by employees of equipment and tools recommended or provided by the employer, labor protection measures, etc.; 8) remote work of an employee does not eliminate the need for such an employee to familiarize himself with the relevant local acts that are adopted and applied at the enterprise, institution of the organization; 9) the possibility of combining the remote format with work at the workplace in the premises or on the employer's territory; 10) provision of work tools related to information and communication technologies used by the employee and creation of a digital workplace; 11) full financial responsibility of the teleworker;
