INSTITUTIONAL FRAMEWORK FOR FLEXIBLE EMPLOYMENT POLICY

Abstract

The article is devoted to the analysis of the institutional environment for the implementation of flexible employment policy in Ukraine. The main domestic and international legal acts regulating flexible or non-standard forms of employment have been analyzed. A matrix of regulatory and legal provision of various types of flexible employment policy for domestic enterprises has been built, which clearly demonstrates the gaps in domestic legislation in the field of its regulation. So, for example, the most modern forms of social and labor relations such as freelancing, outstaffing, outsourcing, leasing, crowdsourcing are all regulated by a civil law contract. In addition, there is no definition of such forms of interaction between the employer and the employee in any regulatory act in Ukraine. The analyses of foreign experience in the field of regulation flexible employment allows us to come to a conclusion that the most common concept is aimed at the optimal combination of non-standard employment in the conditions of a flexible labor market (flexibility) and improving the social security of employees who are involved in work in non-standard conditions (social security), as a result, the concept of flexicurity (flexibility + security) or flexible security appears. So, the article has been devoted to the analyses of the possibilities of these concept`s implementation in current Ukrainian realities. In this field the main differences between work under an employment contract and a contract of a civil law nature have been determined, and, based on this, the level of protection of the employment of employees on various grounds of employment has been outlined. Conducted analyses allows us to come to the conclusion that persons who work or are hired under a civil law contract are almost completely unprotected by legislation. The institutional environment of flexible employment policy has been summarized and vividly depicted. All types of flexible employment policy that were analyzed in the work should be regulated exclusively by the labor legislation of Ukraine with their clear definition and specifics of regulation at the level of individual enterprises, institutions and organizations.