Non-standard employment in Ukraine: challenges of timeJournal: LAW AND INNOVATIVE SOCIETY (Vol.2, No. 1)
Publication Date: 2013-01-08
Authors : Kokhan V.P.;
Page : 166-179
Keywords : non-standard employment; labor leasing; telework; outstaffing; outsourcing.;
The article is devoted to the problems of non-standard employment in Ukraine. This study aims to illuminate the concept of non-standard employment in Ukraine. According to the article there are new forms of non-standard work in the modern labor market of Ukraine that are not regulated by current labor laws. They include remote labor (telework) and labor leasing. The author goes on to say the features such employment : (1) the basis of non-standard employment is atypical employment relationship, (2) the parties of labor relations agree with each other working conditions not covered by the labor legislation, and (3) there is no written labor contract between the parties of labor relations or the labor contract concluds non-standard conditions, which differs from the established in design and content, (4) the employee performs work not at the location of the employer, (5) a high level of individualization of legal employment. According to the labor leasing employees staying formal employed by one employer transmitted at the disposal of another employer. The article describes 3 types of labor leasing: outsourcing, outstaffing and staff leasing. Despite the rapid spread of labor leasing in Ukraine there is no consistency of views of social and labor subjects on this issue. If employers perceive labor leasing positively, the unions see it as a threat to labor rights. As for the employees, it’s often the only way for them to earn money in need to provide their families. The author comes to the following conclusion that the main problem of labor leasing is a violation of the labor rights. The labor laws that establish labor warranty in hiring and firing laws are not enforced, and most workers are not covered by the social insurance system and lose their right to decent social security in case of appropriate social risks.
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