DOI 10.37749/2308-9636-2021-2(218)-2

Golosnichenko D. I. Employment legal relations in the IT sphere

The article examines the features of the legal regulation of labor relations in the IT field. It is noted that the development of information and communication technologies is increasingly influencing the emergence of new forms of labor organization, and this requires changes in the legal regulation of labor relations between employee and employer. The notions of labor relations, which have been provided since the independence of Ukraine and the construction of a democratic, legal, social state with a market economy, are revealed. There is a scientific discussion on certain approaches in determining the characteristics of labor relations. It is emphasized that IT specialists often prefer to perform work and provide services in the status of natural persons — entrepreneurs on the basis of concluded civil law contracts for the provision of services or contracts. But at the same time there is a certain risk of reclassification of such relations from civil to labor with the corresponding legal consequences. The differences between the employment contract and civil law as possible options for legalizing the relationship to exercise the right to work in the field of IT are clarified. These in the study include: systematic performance of labor functions; until recently, subordination of the employee to the rules of internal regulations; remuneration at least twice a month with mandatory withholding of taxes and accrual of SDRs. The specifics of working in the IT field often include flexible working hours, remote or home work. This is also due to the fact that IT professionals, often, given the specifics of the activity, do not have a permanent job. Changes to the norms of the Labor Code on the regulation of relevant forms of labor organization are analyzed. The peculiarities of labor relations in the field of IT are also clarified by analyzing the specifics of the employment contract with a programmer, which is related to the intellectual property rights of the developed product, royalties and non-disclosure of confidential information.

Key words: labor relations, IT sphere, employment contract, civil law contract, flexible working hours, remote work, home work.



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