Klimova S.G. Problems of Subjectivity of Skilled Workers in the Conditions of Platform Employment. In: Russia under reform: yearbook: issue 23 ...

Abstract

The article is devoted to the analysis of the problems of skilled workers who offer services to customers on digital platforms. The main topics of the article are: the functions of the digital platform in interaction with customers and contractors; the potential of qualified employees as social actors in the specific conditions of impersonal interaction with the digital platform (in particular, the ability of qualified contractors to impose their work regulations on the intermediary platform or at least declare them); the ability to protect the civil rights of contractors. The subjectivity of contractors – skilled workers on the platforms – is limited by the ability to make decisions about cooperation with the platform or refuse to cooperate. They cannot impose their own rules on the intermediary platform; they do not have the resources to protect their interests. They can protect themselves from the arbitrariness of the platforms only if there is a proven existence of an actual employment relationship in accordance with the Labor Code. The article analyzes the activities of the trade union, which declares the main task to protect platform workers as contractors in accordance with the norms of the Civil Code, and not as employees. Forms of protection: labor inspections, protection of contractors in courts, legislative initiatives, etc. The topic of transformation of previous or creation of new practices that would serve professional communication, coordination and formulation of interests of skilled workers employed on platforms is becoming relevant now; and in the future, the development of social subjectivity: the formation of real communities and cooperation with organizations with similar interests, such as trade unions, associations of people of liberal professions, associations of specialists, regardless of the form of employment.