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Remote Work and Platform Work: The Prospects for Legal Regulation in Russia

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The restrictions imposed to limit the spread of the coronavirus have intensified public debate about the proper legal format for two kinds of labour - working remotely and working via online platforms. The burden on workers in these two kinds of jobs has increased dramatically during quarantine, as many defects in the legislation and in enforcement practices for remote work and employment through online platforms have come to light. The State Duma is at present considering several legislative initiatives pertaining to remote work. This article analyses those initiatives and the outlook for modifying Chapter 49.1 of the Labour Code, specifically by clearly classifying types of remote work and simplifying electronic interaction between workers and employers, by entitling workers to time when they are not in continuous contact with their employers, by restricting dismissal of remote workers, and through other promising provisions. Certain other important gaps in the law, which will remain even after adoption of these new regulations for remote work, are also identified. The article analyses the feasibility of extending labour law to the rapidly growing sector of employment through online platforms. The proposal is that an explicit norm be included in the Labour Code to the effect that working via online applications through which the platform sets requirements for how the job is to be performed must be considered equivalent to working under an employment contract. In addition, the article concludes that it is necessary to adopt standards concerning the overall liability of a company - the owner of the online platform together with any intermediary companies through which agreements are concluded with online workers. Any more durable and fundamental solution for this new form of employment must include review of all the paradigms of employment and its subjects.

About the Authors

Nikita Lyutov
Kutafin Moscow State Law University
Russian Federation

Head of the Labour Law and Social Security Law department

9 Sadovaia-Kudrinskaia St., Moscow, 123995, Russia


Ilona Voitkovska
Ural State Law University
Russian Federation

Ph.D. Student

21 Komsomolskaia St., Yekaterinburg, 620137, Russia


1. 1 Restatement of Labour Law in Europe (Bernd Waas & Guus H. van Voss eds., 2017).

2. Chesalina O. Platform Work as a New Form of Employment: Implications for Labour and Social Law in New Forms of Employment: Current Problems and Future Challenges 153 (Jerzy Wratny & Agata Ludera-Ruszel eds., 2020).

3. Chesalina O. Social and Labour Rights of "New" Self-Employed Persons (and in Particular Self-Employed Platform Workers) in Russia, 8(2) Russian L.J. 52 (2020).

4. De Stefano v. Introduction: Crowdsourcing, the Gig-Economy, and the Law, 37(3) Comp. Lab. L. & Pol'y J. 461 (2017).

5. de Stefano v. The Rise of the "Just-in-Time Workforce": On-Demand Work, Crowdwork, and Labor Protection in the "Gig Economy," 37(3) Comp. Lab. L. & Pol'y J. 619 (2017).

6. Florczak i. & Otto M. Precarious Work and Labour Regulation in the EU: Current Reality and Perspectives in Precarious Work: The Challenge for Labour Law in Europe 2 (Jeff Kenner et al. eds., 2019).

7. Freedland M. The Personal Employment Contract (2006).

8. Kalleberg A.L. Precarious Work, Insecure Workers: Employment Relations in Transition, 74(1) am. Sociol. rev. 1 (2009).

9. Kountouris N. The Concept of "Worker" in European Labour Law: Fragmentation, Autonomy and Scope, 47(2) ind. Law J. 192 (2018).

10. López López J. & de le Court A. When the Corporate Veil Is Lifted: Synergies of Public Labour Institutions and Platform Workers, 2 King's L.J. 324 (2020).

11. Lyutov N. & Golovina S. Development of Labor Law in the EU and EAEU: How Comparable?, 6(2) Russian L.J. 93 (2018).

12. Prassl J. & risak M., Uber, Taskrabbit, and Co.: Platforms as Employers? Rethinking the Legal Analysis of Crowdwork, 37(3) Comp. Lab. L. & Pol'y J. 619 (2017).

13. Prassl J. The Concept of the Employer (2015).

14. Sengenberger W. International Labour Standards in the Globalized Economy: Obstacles and Opportunities for Achieving Progress in Globalization and the Future of Labour Law 331 (John D.R. Craig & S. michael Lynk eds., 2006).

15. Srnicek N. Platform Capitalism (2016).

16. Supiot A. Beyond Employment: Changes in Work and the Future of Labour Law in Europe (2001).

For citation:

Lyutov N., Voitkovska I. Remote Work and Platform Work: The Prospects for Legal Regulation in Russia. Russian Law Journal. 2021;9(1):81-113.

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)