Lahutina I.
Doctor of Legal Sciences, Professor, Head of Labour Law and Social Security
Law Department of National University «Odessa Law Academy», Odessa, Ukraine
ENSURING OF LABOUR RIGHTS OF EMPLOYEES IN NON-
STANDARD FORMS OF EMPLOYMENT
Introduction. Labour law is one of the fastest moving areas in the law today. The
relationship between an employer and employee does not stand still but evolves over
the years. Most employers nowadays do not regard their employees as their property
and the law has changed with changing attitudes, introducing basic labour rights and
providing specialised forums in which those rights can be quickly enforced.
However,
the role of the classic employment relationship is undergoing major rethinking at the
current time and non-standard forms of employment are becoming more widespread in
both developed and developing countries. The use of such form of employment leads
to increased inequality and insecurity that undermines prospects for economic
development, causing a steady decline in the living standards of employees.
While insecurities can also be present in standard employment relationships, they
are less prevalent than in the different non-standard forms of employment.
Gross violations of economic and social rights are among the main causes of
conflict and the lack of a systematic struggle against discrimination and inequality in
the enjoyment of those rights may undermine the process of post-conflict
reconstruction.
New forms of work and the changing working environment are giving rise to new
hazards. Outsourcing, outstaffing, temporary agency work, staff leasing, along with
some other forms are united by one concept – non-standard forms of employment –
phenomena that are becoming more common in countries all over the world.
Research results. Non-standard forms of employment contracts cover diverse
forms of employment relationships. The most common forms are fixed-term contracts
and part-time contracts. This forms of employment is particularly affected by the
impact of the economic crisis, putting employees in a very insecure and precarious
position. Rising structural unemployment and global competition in the 1980s led to
demands for greater flexibility in labour markets, which resulted in reforms of
employment protection legislation. This in turn gave rise to an increasing use of
temporary employment contracts in the 1980s and 1990s in many European countries.
In the past decade, this trend has continued in a number of countries. Transitions out
of employment are becoming more common while those into permanent employment
are becoming more difficult in recent years, which raises questions about the extent to
which temporary contracts facilitate career progression [1].
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