State policy in the sphere of legal regulation of labor under conditions of digitalization of economy

Abstract

Digitalization creates new challenges for public policy in the regulation of labor relations. The purpose of the article is to identify the most complex problems associated with the introduction of information and communication technologies in labor relations, and to outline ways of their legislative solution. For this purpose the analysis of Russian and foreign scientific literature, labor legislation, judicial practice, documents of the International Labor Organization, including those adopted in 2020 in response to threats to labor relations caused by the COVID-19 pandemic is used. The inefficient use of already available electronic resources for the implementation of electronic case management is noted. The idea of the need to extend modern technology not only to the electronic exchange of documents, but also to their creation, storage, processing is supported. It is concluded that it is inexpedient to use an enhanced electronic signature of an employee in labor relations, in connection with which it is proposed to use special digital platforms supported by the state. It is proposed to gradually get rid of the practice of duplicating electronic and traditional “paper” records management. Relationships formed in the process of application of distant labor contain all the classical features of the employment relationship, which is facilitated by the employer’s use of modern means of control over the behavior of the employee. Digital technologies create new opportunities for the use of labor resources and make it possible to include new forms of employment in the scope of labor legislation, where to a greater or lesser degree there is economic, organizational dependence of the executor (employee) on the customer (employer), based on innovative means of control and management, as well as the dependant’s need for traditional means of social protection. Differentiation and decentralization of legal regulation is proposed to maintain the stability of labor relations.