Статья 'Баланс интересов сторон трудовых отношений при внедрении цифровых технологий ' - журнал 'Юридические исследования' - NotaBene.ru
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Council of editors > Redaction > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Open access publishing costs > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

MAIN PAGE > Back to contents
Legal Studies

Balance of interests of the parties to labor relations in the introduction of digital technologies

Filyushchenko Lyudmila Ivanovna

ORCID: https://orcid.org/0000-0002-0206-4505

PhD in Law

Associate Professor, Department of Legal Regulation of Economic Activity, Ural Federal University named after the First President of Russia B.N. Yeltsin

620002, Russia, Sverdlovskaya oblast', g. Ekaterinburg, ul. Mira, 19, of. I-406




Review date:


Publish date:


Abstract: The subject of the study is labor relations undergoing significant changes due to the digitalization of the economy and public life. The object of the study is the norms of labor legislation regulating the use of digital technologies in the field of labor relations, as well as the emerging practice of their application. The norms are analyzed from the point of view of ensuring a balance of rights and interests of the parties to labor relations. Attention is paid to the new rules for the introduction of electronic document management, the transition to accounting of information about work in electronic form, the implementation of remote work. General and private scientific research methods (formal legal, interpretation, comparison, mental modeling) were used. The main conclusion is the revealed imbalance of individual norms regulating the digital space in the field of labor relations. In some cases, the balance is violated in favor of employers, and the rights of employees are infringed. It was found ineffective to transfer the issue of providing labor means or payment of compensation for the use of their equipment to the discretion of social partners. It is proposed to legislate the provision of equipment and other means of labor by the employer if the initiative in remote work comes from him, as well as to limit the possibility of remote monitoring (supervision) of employees in the performance of their work duties. The use of electronic signatures requires a uniform approach that excludes the multiplicity of electronic signatures.

Keywords: psychosocial risks, encumbrance of employers, contractual regulation, interest, remote monitoring, electronic document management, personal life, violation of rights, balance, guarantees
This article is automatically translated. You can find full text of article in Russian here.

Lyutov, N. L. (2019). Adaptation of labor law to the development of digital tech-nologies: challenges and prospects. In Actual problems of Russian law, 6 (103), 98-107. DOI: 10.17803/1994-1471.2019.103.6.098-107.
Filipova, I. A. (2021). Influence of digital technologies on labor: guidelines for labor law: monograph.-Nizhny Novgorod: Nizhny Novgorod State University.
Ivanchina, Yu. V., & Istomina, E. A. (2020). Digitization of social and labor rela-tions in a changing world: a comparative legal analysis. In Bulletin of the Tyumen State University. Socio-economic and legal research, 6 (4) (24), 192-213. DOI: 10.21684/2411-7897-2020-6-4-192-213.
Ivanova, Yu. V. (2019). The concept of the balance of interests in the labor legisla-tion of the Russian Federation. In Labor law in Russia and abroad, 3, 10-13.
Lomakina, L. A. (2021). Balance of interests in labor relations. In Journal of Rus-sian law, 25 (6), 104-116. DOI: 10.12737/jrl.2021.077.
Zaitseva L. V. (2015). Balancing the interests of employees and employers as a value of labor law. In Russian Journal of Legal Research, 2 (3), 181-185. – DOI: https://doi.org/10.17816/RJLS18070.
Sagandykov, M. S. (2016). Balance of interests of workers and employers in the norms of constitutional and labor law. In Bulletin of the South Ural State University, Series "Right", 16 (3), 87-91.
Rights and obligations of employers in labor relations / ed. A. F. Nurtdinova, L. A. Chikanova. – M.: Eksmo, 2010.
Leskina, E. I. (2020). Establishing a balance of interests of workers and employ-ers: rules and foundations of methodology. In Russian Journal of Law, 1 (130), 144-151.
Chernykh, N.V. (2021). Advantages and disadvantages of the new edition of Chapter 49.1 of the Labor Code of the Russian Federation.In Lex russica, 74 (12), 32-43. DOI: 10.17803/1729-5920.2021.181.12.032-043.
EU strategic framework on health and safety at work 2021–2027. Occupational safety and health in a changing world of work, COM(2021) 323 final // URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021DC0323&qid=1626089672913# PP 1Contents (date of access: 10/21/2021).
Filipova, I. A., & Solovieva, S. V. (2020). New psychosocial risks for workers in the digital economy and their legal regulation in Russia and the European Union. In Lawyer, 1, 40-45.
Istomina, E. A., & Fedorova, M. Yu. (2018). Legal mechanism for managing so-cial risks: monograph.-Yekaterinburg: Publishing house of UIU RANEPA.
Link to this article

You can simply select and copy link from below text field.

Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website