Release:
2021, Vol. 7. № 1 (25)About the authors:
Angelika V. Yasinskaya-Kazaschenko, Сand. Sci. (Jur.), Associate Professor, Department of Civil Law, Belarusian State University of Economics (Minsk, Belarus); angelina_jas@mail.ruAbstract:
The development of the digital economy, the change in the image of workers, their values, as well as the threat of a global pandemic indicate the further development and widespread introduction of non-traditional forms of employment. The article examines the historical preconditions for the formation of a distance form of employment. The authors conclude that distance employment is an evolutionary form of employment and, in the context of the COVID-19 pandemic, is designed to ensure the stability of labor relations. The features of the legal regulation of distance work in the Republic of Belarus are analyzed, a comparative analysis of the legal regulation of distance employment in the Russian Federation is carried out. The main mistakes made by employers when transferring workers to remote work have been studied. Basic recommendations are given for transferring employees to a remote form of employment, taking into account the requirements of the legislation of the Republic of Belarus. There were used such methods as analysis, synthesis, dialectical, historical, formal logical, formal legal and comparative legal in this research.
Keywords:
References:
Andreev K., Bartalevich O. 2013. “Monitoring of Electronic Document Flow in Organizations of the Ministry of Justice of the Republic of Belarus”. Archives and reference books. No. 1, pp. 37-44. [In Russian]
Borodin I. I. 2008. “Legal Status of a Teleworker (in the Order of Setting the Task)”. Labor Law. No. 5, pp. 13-20. [In Russian]
Borodina E. N. 2019. “Features of Legal Regulation of Labor of Persons Working Outside the Employer’s Location” Cand. Sci. (Jur.) Diss. RAS Institute of State and Law. 212 pp. [In Russian]
Vankevich E. V., Zaitseva O. V. 2015. “Non-Standard Employment: Essence, Forms, Scales, Regulation”. Belarussian economic journal. No. 3, pp. 129-146. [In Russian]
Dobromyslov K. V. 2019. “The Future of the Labor Sphere: Challenges of the Digital Economy”. International labor standards and national legislation on labor and social security (to the 100th anniversary of the ILO). Pp. 78-82. [In Russian]
Evstaf’ev D. “The Fourth Industrial Revolution: a Propaganda Myth or a ‘Sign of Trouble’?”. Investment foresight. Bussiness journal. Accessed 28 December 2020. https://www.if24.ru/4-promyshlennaya-revolyutsiya-mif/ [In Russian]
Zakalyuzhnaya N. V. 2018. “Institute of Working Time in the Conditions of Modern Labor Relations”. Bryansk State University Herald. No. 2, pp. 282-286.
Ledeneva I. Yu. 2013. “Advantages and Disadvantages of Remote Work”. Young scientist. No. 2 (49), pp. 157-160. [In Russian]
Lushnikov A. M. Labor Rights in the 21st century: Current State and Development Trends: monograph. Moscow: Prospekt. 272 pp. [In Russian]
Mamatkhanov A. 2011. “The Excerpt from the History of the Development of Home Work (Remote Work). Accessed on 22 December 2020. https://cyberleninka.ru/article/n/iz-istorii-razvitiya-nadomnogo-truda-udalennoy-raboty. [In Russian]
Motsnaya O. V. 2009. “Atypical Labor Employment: Problems of the Theory and Practice”. Cand. Sci. (Jur.) Diss. Abstract. HSE. 15 pp. [In Russian]
Decree No. 143 of the President of the Republic of Belarus of 22 April 2020. “On economic support”. In: Natsional’nyy pravovoy Internet-portal Respubliki Belarus’. https://pravo.by/upload/docs/op/P32000143_1587762000.pdf. [In Russian]
The Labor Code of the Republic of Belarus of July 26, 1999, no. 296-Z (as of 18 July 2019). In: Consultant Plus: Belarus. Accessed on 27 December 2020. [In Russian]
The Labor Code of the Russian Federation of December 30, 2001, no. 407-FZ (as of 08.12.2020). In: Consultant Plus: Russia. Accessed on 27 December 2020. [In Russian]
Chudinovskikh M. V. 2018. “Regulation of Remote Labor in the Countries of the Eurasian Economic Union”. Eurasion advocacy. No. 4, pp. 109-111. [In Russian]
Kalleberg A. 2000. “Nonstandard Employment Relations: Part-time, Temporary and Contract Work”. Annual Review of Sociology. Vol. 26, pp. 341-365.
Mautz S. A 2-Year Stanford Study Shows the Astonishing Productivity Boost of Working From Home. Accessed on 27 December 2020. https://www.inc.com/scott-mautz/a-2-year-stanford-study-shows astonishing-productivity-boost-of-working-from-home.html.
Nilles J. 1976. Telecommunications-Transportation Tradeoff: Options for Tomorrow. New York: John Wiley and Sons. 208 pp.
Occupational Stress and Employee Control. Accessed on 22 December 2020 https://www.apa.org/research/action/control.
Reynolds B. W. The Environmental Impacts of Remote Work: Stats and Benefits. Accessed on 27 December 2020. https://www.flexjobs.com/blog/post/telecommuting-sustainability-how-telecommuting-is-a-green-job.
Schiff F. “Working at Home Can Save Gasoline”. The Washington Post. Accessed on 28 December 2020. https://www.washingtonpost.com/archive/opinions/1979/09/02/working-at-home-can-save-gasoline/ffa475c....
State of Remote Work. 2019 Report. Accessed on 27 December 2020. https://buffer.com/state-of-remote-work-2019.
Strauss W., Howe N. 1991. Generations: The History of America’s Future, 1584 to 2069. New York: William Morrow and Company. 538 pp.