Historical genesis of legal regulation of atypical forms of employment in Belarus

Abstract

Based on general scientific, concrete historical and comparative legal methods, the author analyzes the genesis of atypical forms of employment (starting from the work of tenants, labor contracts with artels, hiring with the help of intermediaries and organizational recruitment in the USSR, ending with modern forms such as remote work). The article systematically analyzes atypical forms of employment under the Soviet labor legislation (RSFSR, BSSR, USSR) and labor legislation of the Republic of Belarus. In particular, the comparison of the Labor Codes of the RSFSR of 1918, 1922, the Labor Code of the BSSR of 1929, the Labor Code of the BSSR of 1972, the Labor Code of the Republic of Belarus regarding the regulation of types of labor contracts and atypical forms of employment is carried out. Continuity in the regulation of home work, employment contracts with temporary and seasonal workers in modern and former Soviet legislation, as well as elements of borrowing new forms of atypical employment from foreign labor legislation are revealed. Attention is drawn to the absence in the Republic of Belarus of legal regulation of some modern forms of atypical employment such as temporary agency work, on-call work (including zero-hour contracts) and platform employment.