The human right to work in the context of the gig economy: International legal regulation

Significant changes in labour relations caused by the development of the digital economy have led to the emergence of new forms of employment, in particular the gig economy. However, such forms of employment create numerous problems regarding the social protection of employees and the need for international legal regulation in this area. The purpose of this study was to analyse the problems and challenges of the gig economy in the context of international legal regulation of employee protection and develop proposals for adapting existing international norms. The research methodology was based on a comparative legal analysis of international norms and regional approaches to regulating labour relations in the gig economy sector, assessing law enforcement practices in different jurisdictions, and modelling possible options for unifying legal regulation at the international level. The study showed that differences in approaches to labour laws in different countries lead to a significant legal imbalance, which makes it difficult to ensure equal rights for employees of digital platforms. It was concluded that the concept of an independent performer is widely used to apply to employees of digital platforms by the platforms themselves in order to avoid obligations arising in labour relations. Non-recognition by labour relations of the employment of employees on digital platforms creates both problems of protecting the rights of such employees, and guarantees a certain freedom of activity. Various rule-making approaches, the practice of applying current legislation and methods for determining actual labour relations were identified, in particular, through an assessment of the level of control, dependence and form of labour organisation. As a result, the need to introduce unified international norms that would cover the issues of defining modern types of employment, including issues related to such activities, was identified. These recommendations can be used to develop concepts, policies, national and international legal acts aimed at protecting labour rights in the digital era, and to ensure state economic interests related to labour activity