Director of the Union of Electronic Commerce Georgy Bagiryan also raised the issue of fines. He proposed to provide legal guarantees in the bill that would regulate this area, so that fines would be imposed only on a reasoned basis and there would be a guarantee of challenging them.
Partner, Head of sri lanka whatsapp resource Infrastructure and PPP Practice at Better Chance Alexander Dolgov is part of the working group at the CIS IPA site to develop a model law. He said that compared to an employee under an employment contract, platform employees have a less protected status.
"It is clear that you can't cross a snake with a hedgehog, but it is also obvious that platform workers should have a set of social guarantees. And representatives of all countries agreed with this position. The only question is the specific set of social guarantees," said Alexander Dolgov.
these guarantees. There are three options: to place all responsibility, including costs, on the platform, to place it on the state, or for the platforms and the state to act jointly. The working group concluded that the third option is best.
"The state should take some responsibility for social guarantees, but the platforms will play a big role in this, because they receive big benefits from their activities," he explained. "I think that platforms will compete in terms of providing social guarantees. That is, the market will continue to regulate itself, but the state should set a minimum bar."
The bill on platform employment is soon to be submitted to the State Duma. "The text contains points on regulating fines, on reclassification into labor relations and who will be responsible for this, it indicates where platform workers can apply," noted Snezhana Orlova, Director of Legal and Corporate Management at Ventra.
Deputy Chairman of the Committee of the Federation Council of the Federal Assembly of the Russian Federation on Budget and Financial Markets Andrey Yepishin summed up: "The main thing is that people have this opportunity, and the legislation must be structured so that all the advantages of platform employment do not negate social guarantees. But one guarantee that must be unshakable is wages."
Who is a platform busy
There is no concept of "platform employee" in the legislation. It was planned to designate it in the amendments to the Federal Law of 12.12.2023 No. 565-FZ "On Employment of the Population in the Russian Federation", but this was not done.
One of the discussions that is developing around this topic is whether relations with platform employees should be regulated by a civil law contract, an employment contract, or whether a new type of legal relationship should be created for them.
Alexander Dolgov from Better Chance said that the model law proposes to introduce the concept of "platform employment" and clearly delineate the criteria. "At the same time, if the relationship meets the criteria that apply to labor, then it should be considered labor," he added.
"As lawyers, we must understand: when we see that someone is cooperating with the platform, we should not label them as labor relations or civil law, etc. We must analyze the actual relations that have developed. If they fall under legal relations, we say that this is an employee and give him guarantees from all points of view, which is provided for by the labor code," said Professor of the Department of Labor and Social Law at St. Petersburg State University Nelly Diveeva.
Snezhana Orlova from Ventra said that the text of the bill, which is planned to be introduced to the State Duma, states that these relations are civil-law ones.
He also raised the question of who should provide
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