Analysis of trends in legal regulation of employment on online platforms in the world and in Russia

Abstract

The subject of the study is the analysis of legal relations arising in connection with employment on online platforms, including the provision of minimum labor guarantees by the platforms, regulation of self-employment, taxation, social insurance, cab platforms and courier services. The relevance of the study stems from the fact that a number of countries, including Russia, are trying to develop approaches to regulate the application of labor law, taxation and social insurance to persons providing services or work through platforms. In addition, there are various aspects of the regulation of employment on platforms in certain sectors of platform work, in particular in the provision of cab services and courier delivery. The novelty of the study lies in the fact that the work solves the problem of creating in Russia an effective system of regulating the status of persons working through online platforms, employment on online platforms, taking into account the standards of international organizations. The purpose of the study is to formulate proposals for the extension of minimum labor guarantees (the right to work safety, to guaranteed wages not lower than the minimum wage, the right to protection against unemployment, the right to rest, etc.) to persons providing services or work through platforms, as well as to determine the criteria for the existence of labor relations with such persons, the possibility of recording the labor (insurance period) of self-employed working through platforms, social insurance and taxation, regulation of cab and courier platforms activities etc. The methodology of the study is based on the application of methods of logical, systematic and comparative analysis using Russian and foreign normative legal acts, analytical materials of competent authors and international organizations. As a result of the study proposals for the development of the regulation of employment on online platforms, as well as the status of persons employed on the platforms, based on the analysis of OECD standards and the legislation of member countries and partners of the Organization are formulated. In order to achieve the goal the following tasks are planned: analysis of the standards of the OECD and other international organizations on the regulation of the status of persons working through platforms and platform employment on the application of labor law, tax law, social insurance law, on the regulation of cab and courier services, on the formation of statistics; analysis of the experience of the OECD member states in regulating the status of persons working through platforms and platform employment; analysis of legal problems in Russia related to the regulation of the status of platform workers and platform employment; the formation of proposals for the development of legal regulation of the status of persons working through platforms and platform employment in Russia, including in terms of the adoption of response measures that affect the development of online employment. The results of the study were the development of proposals for Russia on the development of guarantees for persons employed on online platforms in terms of providing some rights similar to labor, the development of taxation and social insurance, statistical records of platform employment, providing guarantees in certain industries (cab services and courier services). The perspective of the study lies in the need to improve the Russian legislation in terms of protecting the rights of persons employed on platforms, which enter into a relationship with the platform, similar to labor.

Full document