Legal regulation of remote (home-based) work during quarantine
DOI:
https://doi.org/10.31548/law2020.03.011Abstract
Investigated are the amendments to the Labor Code of Ukraine aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-2019) to consolidate remote (home-based) work. Analyzed are the correlation and differences in the meaning of the newly introduced concept in the Code of Labor Laws of Ukraine of remote (home-based) work and the concept of home-based work in the understanding of the still valid in Soviet times Regulations on working conditions of remote workers, approved by the State Committee of the USSR and VTSRPS 275 / 17-99. Revealed is the content of the concept of remote (home-based) work and features of its application in the labor legislation. In particular, against the background of the analysis of legislation and scientific approaches, attention was paid to certain shortcomings and differences of terminological understanding of the concept of remote (home-based) work, considered the issue of remuneration in various cases of introduction, remote (home-based) work, working hours dispute before the court.
Keywords: remote (home-based) work, home-based work, remote worker, remote work
References
Pro vnesennia zmin do deiakykh zakonodavchykh aktiv Ukrainy, spriamovanykh na zabezpechennia dodatkovykh sotsialnykh ta ekonomichnykh harantii u zv’iazku z poshyrenniam koronavirusnoi khvoroby [On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease] (2020): Zakon Ukrainy 30.03.2020 № 540-IX. Vidomosti Verkhovnoi Rady Ukrainy, 18, 5 (in Ukrainian).
Simutina, Ya. Dystantsiina pratsia v umovakh karantynu: sproba pravovoho vrehuliuvannia [Remote work in quarantine: an attempt at legal settlement.] Available at: https://sud.ua/ru/news/blog/166599-distantsiyna-pratsya-v-umovakh-karantinu-sproba-pravovogo-vregulyuvannya (in Ukrainian).
Pro nadomnu pratsiu [About homework] (1996): Konventsiia Mizhnarodnoi orhanizatsii pratsi 20.06.1996 № 177. Available at: https://zakon.rada.gov.ua/laws/show/993_327 (in Ukrainian).
Polozhennia pro umovy pratsi nadomnykiv [Regulations on working conditions of homeworkers] (1981): Postanova Derzhkompratsi SRSR i VTsRPS 29.09.1981 № 275/17-99. Available at: https://zakon.rada.gov.ua/laws/show/v0275400-81#Text (in Ukrainian).
Kodeks zakoniv pro pratsiu Ukrainy 10.12.1971№ 322-VIII [Labor Code of Ukraine] (1971). Available at: zakon.rada.gov.ua/laws/show/322-08#Text (in Ukrainian).
Pro oplatu pratsi [About wages] (1995): Zakon Ukrainy 24.03.1995 № 108/95. Vidomosti Verkhovnoi Rady Ukrainy, 17, 121 (in Ukrainian).
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