In labour law, there are both private law and public law principles that allow regulating relations based on the legal equality of participants, but taking into account the need for additional protection of the “weak” side of the labour relationship, which is the employee. The growing use of artificial intelligence‑based products by employers is pushing for a strengthening of the public law component, since maintaining a balance between the interests of the employee and the employer is one of the most important tasks of labour legislation. The more advantages the use of artificial intelligence gives one side, the more critical the imbalance is. This creates prerequisites for a reduction in the private law principles of the industry due to an increase in the share of prohibitive and binding norms designed to restore the lost balance. The goals and objectives of the study are to show the role of artificial intelligence in the transformation of the world of work; to analyse the impact of artificial intelligence on labour relations and employment; to assess the likelihood of changes in the ratio of private and public law principles of labour law; to substantiate the level of the problem and suggest ways to solve it. The work used general scientific theoretical methods such as formal logic, methods of analysis and synthesis, abstraction, as well as a systematic approach. Among the private law methods, mainly historical‑legal, comparative‑legal, concrete‑sociological methods and legal forecasting were used. The results of the study. Labour law, the fundamental institution of which has always been an employment contract concluded by the parties on the basis of free expression of will, will cease to be such with the loss of private law principles and will turn into a part of public law, into an “employment right” that leaves no room for the discretion of the parties to the legal relationship. In order to prevent such negative consequences, it is necessary to preserve and strengthen the private law principles of the industry, which will be facilitated by the inclusion of platform employees in the scope of labour law, the individualization of the terms of employment contracts, the recognition of the right of employees to use artificial intelligent assistants and the use of new tools that are becoming available to the law due to the development of artificial intelligence.
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Irina Filipova
Journal of Russian Law
N. I. Lobachevsky State University of Nizhny Novgorod
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Irina Filipova (Thu,) studied this question.
www.synapsesocial.com/papers/69df2c1de4eeef8a2a6b1086 — DOI: https://doi.org/10.61205/s160565900034843-1