DEVELOPMENT OF LEGAL REGULATION OF DOMESTIC WORK IN THE CONTEXT OF MODERNIZING THE SOCIAL FUNCTION OF THE STATE

Abstract

The article explores the issues of legal regulation of domestic work that require urgent resolution, particularly for the development of the domestic work market in the post-war period in Ukraine. The priority issues include undeclared work by domestic workers, their participation in the system of mandatory social insurance, and access to decent work. The experience of various countries that have implemented direct and indirect policy tools to combat undeclared work has been analyzed. It is concluded that one of the key directions for developing the legal regulation of domestic work is amending the current legislation to ensure access to households while guaranteeing the inviolability of the home. It is argued that the use of indirect influence tools more gently encourages the formalization of employment relationships, which would grant domestic workers access to social and labor guarantees. This is the way the state can effectively implement its social function by promoting labor activity across all population groups, raising the prestige of domestic work, and strengthening the social and labor protection of domestic workers. It is noted that the state’s institutional mechanism must be prepared for the transformation of the domestic labor market, which will require caregivers for people with disabilities resulting from the war. The state should also develop policies to create jobs for such individuals within various business entities, with households not being an exception. Therefore, it is necessary to modernize the state’s social function and ensure its implementation through legal and regulatory mechanisms aimed at minimizing cases of undeclared domestic work, providing domestic workers with decent working conditions, and mandatorily granting them access to social security.