Трансформація поняття «праця» з позицій розвитку нестандартних форм зайнятості

The digital era is changing the nature of work in society: the number of people working remotely is increasing, accordingly, changes in the organization of work and the relationship «employee – employer», «labor» – «work» require adequate legislative solutions. Accordingly, there is a need to understand and define work on online platforms, since this type of employment requires rethinking traditional ideas about the above legal definitions. Based on the 2016 ILO study, the study of the European Foundation for the Improvement of Working and Living Conditions dedicated to new forms of employment, and scientific developments of scientists, it can be stated that work on digital platforms is characterized by such features as the presence of an employee (person) performing the work (order) in person, flexibility, the ability to independently regulate working hours, control over employees, work evaluation and organization of work processes, and determination of the level of pay. It is noted that the right to control the performance of an employee’s labor duties (provision of services) is the most important sign indicating the existence of an employment relationship. The criterion of economic dependence of the employee should also be considered as a condition for the application of labor law norms to labor-related relationships. Information dependence on the employer can also be considered a sign of an employment relationship provided that the above-mentioned remuneration (salary) can be obtained by the employee only with the help of information devices, technologies or the information itself provided by employers. Based on the analysis of the features of non-standard forms of employment, the concept of labor is defined as a specific, informational, economically dependent on the digital platform, employer, motivational, innovative activity, which acts as a subgenre of labor activity associated with the realization of a person’s mental abilities, through his creative, professional competencies to modify, create material and spiritual values in order to meet his needs and the needs of society, the state, and such, «which gives rise to a special type of social relations and requires legal regulation in this regard».