Social and Labour Rights in Context of Platform Employment: the Case of Passenger Transportation by Private Taxi
Abstract
The digitalization of the economy has given rise to fundamentally new forms of labor and employment organization, among that are platform employment and self-employment. The lack of legislative definitions and full-fledged regulation of these phenomena actualize distinguishing of labor and civil law relations. Also the consideration of the legal status of platform employees and self-employed individuals, determination of the need to provide them with social and labor rights and guarantees. Especially considering the existence of different types of platforms and special regulation in certain areas of activity. The article examines these issues on the example of regulating passenger and baggage transportation by passenger taxi. The authors analyze the directions of regulation of non-standard forms of employment and models of regulation of platform employment and self-employment that have developed in world practice. Also, the regulation of non-standard forms of employment proposed by the Russian legislator and the existing regulation of the platform economy and passenger and baggage transportation by passenger taxi. The authors come to several conclusions. First, the legislator’s choice of a model for the existing regulation based on the entrepreneurial nature of the activities of self-employed carriers and other platform employees. Secondly, the legislator’s awareness of the need to provide these and other individuals with non-standard employment with certain social and labor rights and guarantees. Thirdly, about the possibility of future differentiation of regulation by introducing the category of «dependent self-employed».
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