Some problems of labor law regulation of relations arising in the spot labor market

Abstract

The functioning of the spot labor market is based on technologies that contribute to its international character. Thanks to digital platforms, employers can find performers of personal labor in various States that are most favorable to their ways of organizing business and managing labor in terms of minimizing costs, especially when it comes to performing remote work. The complexity of the situation is that there are significant uncertainties regarding the qualifications of the emerging relationship with gig employees. Judicial practice on this issue is being developed in various States, which, however, cannot be characterized by uniformity and certainty at the moment. In this regard, taking into account foreign experience, the article identifies a number of problematic issues of transnational performance of personal labor (determining the level of rights and guarantees provided to a person performing personal labor; possible attribution of this person to the “third” category of persons in some legal systems; possible formation of a plurality of persons on the employer’s side, etc.) and a comprehensive analysis of the relevant legal regulation (including in the field of remote labor regulation) is carried out. A number of definitions describing changes in the modern labor market are given, including: gig-employment; spot labor market; digital platform; participants in the spot labor market (consumer and performer of personal labor); crowdwork; on demand work, etc.