Legal mechanisms for protecting the labor rights of employees in remote employment

Abstract

The article's relevance is due to the need to study the features of protecting the labor rights of employees employed in remote work. The emphasis is on analyzing regulatory regulation and identifying the main challenges in transforming traditional labor relations in conditions of rapid changes in the labor market. The purpose of the study is to determine the main legal mechanisms that ensure the protection of labor rights of employees in the field of remote employment, as well as to identify gaps in the current legislation regarding their regulation. Methods. To achieve the goal, a set of methods was used: analysis of regulatory acts, comparative law method, system analysis method and legal forecasting methods, which allow assessing the effectiveness of existing legal norms and suggesting ways to improve them. Results. Both national and international approaches to the protection of the rights of remote workers are studied. Emphasis is placed on the need to improve legislation to properly protect the rights of persons working remotely, the lack of clear mechanisms for monitoring the implementation of labor standards, as well as difficulties in proving violations of labor rights of remote workers. It was shown that for Ukraine, ensuring the employee's right to disconnect to prevent excessive workload, the employer's obligation to cover the costs associated with remote work, precise regulation of the work and rest regime, and recognition of electronic forms of documents as full-fledged in labor relations are particularly relevant. The possibilities of using the latest technologies for monitoring the work regime and assessing the fulfillment of labor obligations were considered. Conclusions. To effectively protect the labor rights of remote workers, it is necessary to develop clear legal regulation that would provide a balance between the flexibility of remote work and proper guarantees of labor rights of employees. Particular attention should be paid to the development of standards for controlling and monitoring remote work, which would take into account the specifics of this type of work.