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Legal Studies
Reference:

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

filuschenko@mail.ru

DOI:

10.25136/2409-7136.2022.3.37469

Review date:

03-02-2022


Publish date:

03-04-2022


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.


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