PROBLEMS IN THE REALIZATION OF THE RIGHT TO SOCIAL PROTECTION BY DIGITAL PLATFORM WORKERS IN UKRAINE

Abstract

The article is devoted to an analysis of the problems surrounding the exercise of the right to social protection by digital platform workers, which have become increasingly relevant amid the spread of non-standard forms of employment. It is emphasized that the issue of platform work extends beyond the national context and is subject to active legal regulation both in EU Member States and in other countries worldwide. The provisions of the recently adopted ILO Convention No. 193 concerning decent work in the platform economy are analysed with regard to key definitions and the social protection of digital platform workers, in particular their access to social security on terms no less favourable than those applicable to other workers with a similar employment status. EU legislation governing the employment of digital platform workers and their access to effective social protection is examined. Particular attention is paid to the provisions of Directive (EU) 2024/2831 on improving working conditions in platform work, and the prospects for social protection are analysed in light of the provisions of the respective Directive. The judicial practice of EU Member States concerning the reclassification of self-employed platform workers, including couriers and drivers, as employees is presented. Attention is drawn to the absence of an established Europe-wide trend towards the reclassification of self-employed workers as employees, as the relevant judicial practice predominantly concerns particular categories of platform workers and specific types of platform work. The national practice in the field of social protection of platform workers is outlined, reflecting global trends characterised by limited access to the system of compulsory state social insurance and the absence of a formalised status for persons engaged in work through digital platforms. The policy documents of the Government of Ukraine concerning the post-war recovery, reconstruction and modernisation of the country are analysed in the context of the mandatory regulation of platform work and platform workers’ access to effective social protection. Conclusions are drawn and specific recommendations are provided regarding the resolution of problems related to the exercise of the right to social protection by digital platform workers in Ukraine.