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ТРУДОВОЕ ПРАВООТНОШЕНИЕ В КОНТЕКСТЕ ПРЕКАРИЗАЦИИ ТРУДА И ЗАНЯТОСТИ В РОССИИ
Introduction: according to representatives of sociological science, one of the major issues of the Russian ‘trauma society’ is the increasing social stratum known as the precariat. The article examines the existing scientific views on the sources of its formation, definitions of the precariat, and criteria for inclusion in this social group. One of the key characteristics of the precariat is the specific nature of labor and employment, characterized by the following features: instability of income; frequent forced change of not only jobs but also of the field of activity; readiness to do low-paid work; absence of a number of labor law and social security guarantees that an employee has the right to count on as a party to the labor relationship. The initial factors in the precarization of labor and employment in post-Soviet Russia are as follows: deindustrialization of the domestic economy; loss of stability in personal and social life by the majority of the population; unstable socio-economic situation; growth of informal employment; other processes and phenomena inherent in the ‘trauma society’. Without fully overcoming the consequences of the latter, our country has entered the era of platform capitalism. Not only has platform capitalism brought the ‘platformization of informality’ (a term coined by A.V. Shevchuk) but it still contributes to the precarity of employment at the present stage, which is yet to be assessed. Purpose: to draw attention to the Issue of labor and employment precarity in relation to the labor legal relationship in the context of the post-Soviet ‘trauma society’ and platform capitalism. Methods: the methodological framework of the research consists of universal, general scientific methods as well as some special scientific methods (systemic-structural, formal-legal, comparative-legal, historical methods). Results: the definitions of the precarity of labor and precarity of employment have been analyzed. The idea of distinguishing between them is supported since precarity can develop within the framework of the labor relationship. The concept of the precarity of the labor legal relationship is proposed. The main directions of the influence of employment precarity on labor relations as well as some manifestations of the labor relations precarity are considered. Conclusion: without proper legal regulation, precarization of employment will lead to a situation where the realization of one’s right to work in a stable and protected labor relationship becomes a privilege, available to fewer and fewer people. Platform work facilitates the introduction of algorithmic control into the interaction between the employee and the employer, which may indicate a trend toward algorithmization of labor relations. Precarity of the labor legal relationship is not necessarily a consequence of defects in legal regulation. It can be manifested, among other things, through the abuse of rights, discrimination, deviation of the actual behavior of the parties from legally established rights and obligations, fictitiousness.