Legal Regulating Electronic Employment Contracts as a Modern Factor of Integration at International Regional Bodies (Exemplified by EEU, CIS and BRICS States Legislation)
Abstract
The paper provides an analysis of general regulatory patterns concerning the signing, amendment and termination of electronic employment contracts within the Eurasian Economic Union (EEU), Commonwealth of Independent States (CIS) and BRICS as a trend of deepening integration at these international organizations. The core issue in this area is labor mobility in the context of digitization is not regulated internationally with efficiency. It gives rise to a controversy between the need to optimize labor mobility and a lack of comprehensive international instrument on electronic employment contract to improve legal regulation for more efficient utilization of human capital. The paper analyzes the legislation on electronic employment contracts in a number of EEU, CIS and BRICS member states to come up with recommendations for improving international legal regulation of electronic employment contracts via the relevant international instrument to be drafted. The authors identify a number of general regulatory patterns characteristic of countries such as Russia, Kazakhstan, Kyrgyzstan, Armenia, Belarus, Azerbaijan, Uzbekistan, China, South Africa, India and Brazil, with their national labor law sharing the following features: possibility of HR electronic document exchange for balance of workers’ and employers’ interests as enabled by regulations; transparent working conditions; electronic employment contract reporting through the software linked to public authorities’ websites, and the use of electronic digital signature to sign contracts. This prevents unauthorized amendment of the terms of outstanding employment contracts and allows to track the time when the relevant rights and duties were assigned. The paper comes up with recommendations for better protection of labor rights and duties through the use of electronic tools to conclude employment contracts such as a bilingual online form.
References
Bondarenko V.M., Morozova N.N. (2020) Gender aspects of labor market in Belarus and Russia in the times of economic digitization. In: Papers of international conference within the Public Scholar Forum “Hello, Russia!”. Big Eurasia: Development, Security, Cooperation, issue 3, part 2, pp. 639–643 (in Russ.)
Filatkina I.D., Filatkina M.D., Krechetnikov K.G. (2015) Legal regulation of personnel labor in India. Bulletin of the Far Eastern Federal University. Economy and Management, no. 3, pp. 97–105 (in Russ.)
Filippova I.A. (2020) Labor law: challenges of information society. Law. Journal of the Higher School of Economics, vol. 13, no. 2, pp. 162–182 (in Russ.) DOI: https://doi.org/10.17323/2072-8166.2020.2.162.182
Khalilov T., Aliyev E. (2020) Digital century: new approaches to employment in Azerbaijan. Conference paper. Available at: https://www.researchgate.net/publication/341733964_Digital_century_new_approaches_to_employment_in_Azerbaijan (accessed: 25.06.2024)
Lazanyuk I.V., Revinova S. Yu. (2019) ITC technologies in the BRICS countries: from strategy to cooperation. Business. Education. Law, no. 1, pp. 208–213 (in Russ.)
Liu Dun, Geng Yuan (2022) The model of state digital platform on labor contracts in China. Digital Law Journal, vol. 3, no. 1, pp. 20–31. DOI: https://doi.org/10.38044/2686-9136-2022-3-1-20-31
Morozova N.N. (2019) Digital youth unemployment: employment assistance in Belarus. In: N.N. Morozova, Yu. V. Mokhoreva (eds.). Assisting the Tula Oblast students and school graduates for employment and labor market adaptation: papers of research conference. Tula: University Press, pp. 71–76 (in Russ.)
Orlova E.E. (2022) Digitization of employment as a new paradigm of the common labor market development in Eurasia. Transactions of the Vernadsky Crimean Federal University: Jurisprudence, no. 4, pp. 228–234 (in Russ.)
Perevalov A.G. (2024) Correlation between general labor law provisions on edocument exchange and specific regulating work at micro-firms. Legal Science, no. 2, pp. 140–144 (in Russ.)
Potapova N.D., Potapov A.V. (2017) Electronic employment contract. Statut and Law, no. 8, pp. 52–53 (in Russ.)
Raut A.V. (2023) Details of transition to electronic employment contracts. Ural Scholar Bulletin, no. 5, pp. 123–127 (in Russ.)
Sapfirova A.A. (2020) Digitization of employment contract: prospects of legal regulation and protection of labor rights. Digital Law University Dialogues, International Research Conference papers. Chelyabinsk: South Ural State University, pp. 162–167 (in Russ.)
Sapfirova A.A. (2021) Digital application of labor law provisions: issues of labor rights protection. Personnel Worker, no. 4, pp. 8–13 (in Russ.)
Soloviev P.V. (2023) Transformation of labor legislation in the context of digitization. Labor and Social Law, vol. 14, no. 2, pp. 32–37.
Temirova A.B. et al. (2021) Details of introducing the employment contract record-keeping system in the Republic of Kazakhstan. University Works, no. 3, pp. 196–200 (in Russ.) DOI: https://doi.org/10.52209/1609-1825_2021_3_196
Tomashevsky K.L. (2020) Impact of digitization on the labor market and employment relations (from the perspective of theory and comparative law). Bulletin of Saint Petersburg State University, vol. 11, no. 2, pp. 398–413 (in Russ.) DOI: https://doi.org/10.21638/spbu14.2020.210
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