Work Models in the Ukrainian IT Industry: Between Employment and Contractor Models
Keywords:gig economy, employment law, tax law, private entrepreneur, employee, IT industry, Ukraine
The field of labour is one of the most dynamic in the society and develops under the influence of the general social progress. Rapid development of digital technologies, to which public regulators appeared not to be ready in many aspects, has also changed the field of labour by stimulating search and application of new forms of employment. Resulting from technological changes, they also often appear to be beyond legal regulation, thus posing risks both for the state or business, and for employees. Normally new, hybrid forms of labour relations are considered in the context of tax and employment law. That is because they are also related to human rights as it is individual rights and freedoms that are exposed to risks. Respectively, all hybrid models and public initiatives require scrupulous attention and analysis, since their effect may go beyond the framework of employment law or fiscal consequences. In the present article we will consider the key factors affecting launching of such hybrid models, their pros and cons, as well as public initiatives aimed at regulating relations in the field, as exemplified by different forms of labour organization in the Ukrainian IT industry.
Adams, A., Freedman, J., Prassl, J. (2018). Rethinking legal taxonomies for the gig economy. Oxford Review of Economic Policy, 34(3), 475–494. https://doi.org/10.1093/oxrep/gry006.
Diia City (n.d.), Special legal framework for the IT industry. Retrieved July 31, 2020, from https://city.diia.gov.ua/en/.
Government Portal (2020, November 3). Ministry and Committee for Digital Transformation of Ukraine. Mykhailo Fedorov: We will double the volume of the Ukrainian IT market - to $ 11, 8 billion. Retrieved July 31, 2020, from https://www.kmu.gov.ua/en/news/mihajlo-fedorov-mi-vdvichi-zbilshimo-obyem-ukrayinskogo-it-rinku-do-11-8-mlrd.
International Labour Organization. (2018). Undeclared Work in Ukraine: Nature, Scope and Measures to Tackle It Working paper. https://www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---lab_admin/documents/projectdocumentation/wcms_630068.pdf.
IT Ukraine Association (2019, February, 21).. Official position of the IT Ukraine Association (in Ukrainian). https://itukraine.org.ua/of%D1%96cz%D1%96jna-pozicz%D1%96ya-it-asocz%D1%96acz%D1%96%D1%97-ukra%D1%97ni.html.
Lviv IT Cluster. (2021). IT Research 5.0. https://itcluster.lviv.ua/en/projects/it-research.
National Bank of Ukraine (2020, February 17). Nearly Quarter of Ukraine’s GDP, or UAH 846 Billion, Is in Shadow – Study of Shadow Economy Finds. Retrieved July 31, 2021, from https://bank.gov.ua/en/news/all/doslidjennya-tinovoyi-ekonomiki-v-ukrayini--mayje-chvert-vvp--abo-846-mlrd-griven--perebuvaye-v-tini.
Quirke M., Winder K. (2021) Defining the employment relationship in the platform economy – independent contractors, workers or employees? Irish Judicial Studies Journal, 5(1), 47-57.
Redfearn, R. (2016). Sharing Economy Misclassification: Employees and Independent Contractors in Transportation Network Companies. Berkeley Technology Law Journal 31(2), 1023-1056. https://ssrn.com/abstract=2781756.
Stewart, A., Stanford, J. (2017) Regulating work in the gig economy: What are the options? The Economic and Labour Relations Review, 28(3), 361-377. https://doi.org/10.1177%2F1035304617722461.
The House of Lords (1935, May 7). The Commissioners of Inland Revenue Appellants; and His Grace the Duke of Westminster Respondent. Retrieved July 31, 2020, from http://www.bailii.org/uk/cases/UKHL/1935/4.html.
The Supreme Court. (2021, February 19). Judgement Uber BV and others (Appellants) v Aslam and others (Respondents). Retrieved July 31, 2021, from https://www.supremecourt.uk/cases/docs/uksc-2019-0029-judgment.pdf.
The United States Agency for International Development (USAID) (2021). Results of national surveys of the public and justice sector professionals participating in court proceedings regarding trust in the judiciary, judicial independence and accountability, perception of and reporting corruption. Retrieved July 31, 2021, from https://newjustice.org.ua/en/news/results-of-national-surveys-of-the-public-and-justice-sector-professionals-participating-in-court-proceedings-regarding-trust-in-the-judiciary-judicial-independence-and-accountability-perception-of-an/.
World Justice Project (2020). Rule of Law Index 2020. Retrieved July 31, 2021, from https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2020-Online_0.pdf.
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