On the Issue of the Classification of IT Sphere Employees

D. Zaika
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Abstract

The relevance of the article lies in the fact that new phenomena in the field of work of IT employees make it necessary to adapt and update institutions of labor law in order to preserve the effectiveness of legal regulation of labor relations by state bodies. Since the beginning of the full-scale invasion, Ukrainian workers and employers have been doing their best to adapt to new living and working conditions. The realities of war forced the national business to become more flexible and able to adapt quickly. In addition, the IT sector is rapidly developing in the conditions of digitization of society and production processes, so new professions and positions are emerging. Generalization and systematization of IT workers will make it possible to conduct an in-depth analysis of them as subjects of labor law. Therefore, the purpose of this article is to create a comprehensive classification of IT employees. In order to achieve this goal, the work was carried out in two stages: 1) determination of the role of classification in labor law; 2) identification of criteria for classification of IT workers. To solve the tasks of the article, the comparison method was used (allows you to compare IT specialists with each other according to selected criteria), interdisciplinary synthesis (allows you to synthesize data on the structural properties of objects of different disciplines, namely labor law and legal theory), the method of isolating abstraction ( makes it possible to single out some characteristics of IT workers, as a result of which a technical IT worker will be considered as a separate type of worker in this field), the specification method (allows you to check the correctness of the ideas obtained as a result of abstraction about the properties of real objects and to single out their essential connections ties, properties and relations), generalization (allows to extend the general characteristics of a group of objects to all objects of the set of IT workers, as well as to highlight the essential characteristics of individual types of IT workers), teleological method (allows to analyze the content of the legal prescription, revealing and revealing the goals of the adoption of the legal norm and, in relation to it, the grammatical and logical essence the legislator's formulations contained in the texts of normative and legal prescriptions), the comparative legal method (it makes it possible to compare legal concepts, phenomena and processes, to find out similarities and/or differences between them). During the study, the concept of "IT worker" was analyzed, the concept of "classification" was studied, two essential features (criteria) were identified for the classification of IT workers (by professional groups and by qualification level), the types of IT workers were determined in accordance with the established criteria In addition, the concept of "IT employee" was distinguished from the related concepts of "gig specialist", "IT specialist", "IT specialist". An opinion was expressed about the expediency of developing a separate edition of the Handbook of qualification characteristics of professions called "IT sphere". The results of the study will provide an opportunity to further examine the institute of occupational health and safety of workers in this field in more depth.
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论IT行业从业人员分类问题
这篇文章的相关性在于,IT员工工作领域的新现象使得有必要调整和更新劳动法制度,以保持国家机构对劳动关系的法律规制的有效性。自全面入侵开始以来,乌克兰工人和雇主一直在尽最大努力适应新的生活和工作条件。战争的现实迫使国家商业变得更加灵活,能够迅速适应。此外,在社会和生产过程数字化的条件下,IT行业正在迅速发展,新的职业和职位不断涌现。信息技术(IT)劳动者的普遍化和系统化,将使他们作为劳动法主体进行深入分析成为可能。因此,本文的目的是创建IT员工的全面分类。为了实现这一目标,工作分两个阶段进行:1)确定分类在劳动法中的作用;2)确定IT工作者的分类标准。为了解决文章的任务,使用了比较方法(允许您根据选定的标准相互比较IT专家),跨学科综合(允许您合成关于不同学科对象的结构属性的数据,即劳动法和法律理论),隔离抽象的方法(可以挑出IT工作者的一些特征,因此,技术IT工作者将被视为该领域的一种独立类型的工作者),规范方法(允许您检查作为对真实对象的属性抽象的结果而获得的想法的正确性,并挑选出它们的基本连接,属性和关系),泛化(允许将一组对象的一般特征扩展到IT工作者集合的所有对象。以及突出个别类型IT工作者的本质特征),目的论方法(允许分析法律规定的内容,揭示和揭示采用法律规范的目标,以及与之相关的立法者在规范和法律规定的文本中所包含的表述的语法和逻辑本质),比较法律方法(它使比较法律概念,现象和过程成为可能,找出它们之间的相似点和/或不同点)。在研究过程中,对“IT工作者”的概念进行了分析,对“分类”的概念进行了研究,确定了IT工作者分类的两个基本特征(标准)(按专业群体和按资格等级),并根据所建立的标准确定了IT工作者的类型。此外,将“IT员工”的概念与“零工专家”、“IT专家”、“IT专家”等相关概念进行了区分。有一项意见认为,编制一份名为“信息技术领域”的《专业资格特征手册》的单独版本是否合适。研究结果将为进一步深入审查该领域工人职业健康与安全研究所提供机会。
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