Legal regulation of home-based work

Анотація

Taking into account the trends in the development of society, traditional forms of employment of the population are becoming less popular, which leads to an increase in the number of unemployed. In this regard, the need for atypical forms of employment capable of modernizing the labor market is growing. The article examines the peculiarities of the legal regulation of home work in modern conditions as one of the types of atypical employment. This topic is currently relevant, because the increase in the number of employees who perform work at home, which is determined by both objective and subjective factors, has certain advantages for both employees and employers.

The article analyzes current national legislation and international acts regarding the definition of the concept of «home-based work» and its features. The main features of home-based work include the following: 1) concluding an employment contract in writing; 2) the employee's workplace is fixed and cannot be changed without agreement with the employer; 3) introduced for persons who have practical skills to perform certain jobs or can be trained in such skills; 4) employees are subject to the general operating regime of the enterprise, institution, organization, unless otherwise stipulated by the employment contract; 5) the employee is provided with the technical means necessary for the performance of the work function.

A mandatory condition of the employment contract on home-based work is the definition of the employee's job function, the criteria for which the employee should meet must be determined by the employer.

It was concluded that, despite the positive points in the regulation of homework, certain issues of its application require further refinement.