Legal nature of relations arising in connection with the performance of personal labor within the gig-economy

Abstract

The qualification of relations as labor relations is a reflection of the legal nature of the interaction of a certain kind in the performance of personal labor and is an important tool for protecting the rights and guarantees of employees. People employed in the gig economy often need such protection, given the similarity of their situation to that of traditional workers. In this regard, individuals who perform personal work within the framework of digital platforms make attempts to qualify (re-qualify) the relations that arise with them into labor relations. To some extent, the attempt to “fit” the relations under consideration into the framework of existing legal structures is a kind of compensation for the lack of an adequate legislative response to the ongoing socio-economic changes. The article distinguishes between the organization of labor management based on the civil nature of interaction on the performance of personal labor, which ensures the implementation of the interests of the subjects of such performance, and an illegal attempt to reduce labor costs and maximize profits by depriving employees of their rights and guarantees. The article considers various state measures aimed at eliminating fictitious self- employment, which reflects the negative aspect of new forms of labor management organization. The conclusion is formulated that in most legal systems, one of the main criteria for distinguishing between labor and civil law relations is the degree of control that the platform exercises over the gig employee, and the level of independence of the person performing personal work corresponding to this control. These features are closely intertwined with the study of the “entrepreneurial” nature of the activity of the performer of personal labor, including through the prism of the formation of economic dependence on the employer.