Аңдатпа
The article examines the features of the legal regulation of non-standard forms of employment in the context of digitalization. Relying on the four groups of non-standard forms of employment identified by the International Labour Organization, which include individuals engaged in remote work using digital technologies, the authors analyzed Kazakhstan’s labor and social legislation in order to determine the level of their legal regulation. As a result, it has been established that not all types of non-standard employment are covered by legislation. Even where certain forms are regulated, they are characterized by numerous gaps and shortcomings. A number of subtypes of part-time employment, in particular those involving short working hours, as well as outsourcing, outstaffing, labor leasing, and other non-standard forms of employment encountered in practice, have been entirely overlooked by the legislator. Remote work, certain types of temporary agency work such as secondment, platform work, and others are not sufficiently elaborated. In this regard, as well as due to the absence, in virtually all forms of non-standard employment, of guarantees of job stability, social protection, and social security, and the lack of opportunities for employees to unite in trade unions to protect their labor rights and legitimate interests, the authors propose revising certain provisions of the Labor Code of the Republic of Kazakhstan, taking into account the recommendations of the International Labour Organization. At the same time, the authors propose paying particular attention not only to employment relationships but also to “self-employment” based on civil law contracts, guided by the general principle of contract law whereby the existence of an employment relationship is determined by the actual performance of work rather than by what is formally stipulated in the agreement between the parties.