Правове регулювання домашньої праці: зміни в трудовому законодавстві України

The publication is dedicated to researching the labor issue of domestic workers according to the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on the Regulation of the Labor of Domestic Workers." The article analyzes the concepts of "domestic worker", "domestic work", "household", defines their features, distinguishes the categories of domestic work and home and remote work. The rights and guarantees provided to the employee according to national legislation and the ILO Convention No. 189 are considered, in particular, both general labor rights and guarantees provided for by labor legislation, as well as respect for his honor and dignity, non-interference in his personal life, the right to set the duration of work taking into account the time required for obtaining an education. Provisions of the labor legislation regarding the specifics of concluding employment contracts with domestic workers have been elaborated: for example, the contract should contain information on providing food and housing, if provided, the duration of the trial period, if provided for, etc. It is determined that the employer can be a member of the household, the entire household, a representative of an individual or a health care agency, and a domestic worker can be an individual over the age of 16. The problems of the specified Law, which were noted by the specialized Committees of the Verkhovna Rada of Ukraine at the stage of drafting the draft law, are highlighted: the absence of the Law on the Ratification of the ILO Convention No. 189, the failure to take into account the employee’s right to determine the conditions of residence in the household, protection against forced abandonment in the household during the period of rest. The decision of the European Court of Justice regarding the importance of observing the right of domestic workers to access social security payments, which must be respected despite the peculiarity of the labor relationship between the employer and the domestic worker, is studied. It was concluded that the implementation of provisions on domestic work into the national legislation indicates Ukraine’s consistent compliance with obligations in the field of human rights and is a progressive step on the way to joining the EU.