Правоприменение (Sep 2024)
Legal support of social guarantees for persons employed in the gig economy: Russian and foreign experience
Abstract
The subject. Legal support of social guarantees for persons employed in the gig economy: russian and foreign experienceThe purpose of the article is to reveal the features of providing social guarantees to gig workers, as well as protecting their rights through the institution of trade unions, to give the concept of “guarantees of gig workers”, “social guarantees of gig workers” The methodology includes systematic approach, comparative method, formal-logical method, formal-legal method, analysis, synthesis.The main results of the research. The situation of gig workers appears to be less protected in terms of their rights and the guarantees provided to them. In this regard, there is a need to determine what social guarantees should be provided to which categories of gig workers, as well as possible measures of social protection for such persons. There is a need to once again ensure the rights of workers employed in self-employment or platform employment. A definition of guarantees for gig workers is proposed: guarantees are the means, methods and conditions by which the implementation of the rights granted to gig workers in the field of employment and their social security is ensured. Social guarantees for gig workers can be defined as a set of social and legal obligations of the state to workers employed in the gig economy (self-employment, platform employment), aimed at creating the necessary conditions for them to perform their work and meet their social needs and professional interests.In cases where a gig worker is, in some respects, close in his legal status to an employee under an employment contract (full-time work, etc.), his pension and social insurance should give him the maximum opportunity for social guarantees in case of temporary disability and in connection with retirement.
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