{"title":"数字技术与劳动关系:俄罗斯和中国的法律规制","authors":"E. Ofman, M. Sagandykov","doi":"10.21684/2412-2343-2023-10-1-126-146","DOIUrl":null,"url":null,"abstract":"The widespread use of digital technologies in the field of labour relations raises the issue of examining the readiness and capability of the legislation in Russia and China to adequately regulate labour in modern workplace conditions while respecting the balance of interests and the rights of employees, employers and the state. This article draws a number of conclusions, one of which is that currently in the Russian Federation, the legal regulation of the use of digital technologies in the field of labour is haphazard, contradictory and not designed for the long term. Despite a number of significant scientific studies conducted in this area and the serious commitment of the People’s Republic of China to the issues of informatization, the legal regulation of the digitalization of labour relations lags behind technological progress. A number of issues in urgent need of legal regulation remain outside the legal field (robotization and algorithmization in the field of labour; protection of personal data of job applicants; the problem of unemployment in the application of artificial intelligence in the labour process). It appears that today there is an urgent need for the federal authorities of the Russian Federation to adopt a strategy for the transformation of labour relations in the application of digital (information) technologies as well as a need to develop a concept of robotization and algorithmization of the labour process. Furthermore, when creating these documents and adjusting the current regulatory framework, the Russian legislator should take into account the experience of international and foreign regulation of labour relations in the field of digitalization of labour relations.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Digital Technologies and Labour Relations: Legal Regulation in Russia and China\",\"authors\":\"E. Ofman, M. Sagandykov\",\"doi\":\"10.21684/2412-2343-2023-10-1-126-146\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The widespread use of digital technologies in the field of labour relations raises the issue of examining the readiness and capability of the legislation in Russia and China to adequately regulate labour in modern workplace conditions while respecting the balance of interests and the rights of employees, employers and the state. This article draws a number of conclusions, one of which is that currently in the Russian Federation, the legal regulation of the use of digital technologies in the field of labour is haphazard, contradictory and not designed for the long term. Despite a number of significant scientific studies conducted in this area and the serious commitment of the People’s Republic of China to the issues of informatization, the legal regulation of the digitalization of labour relations lags behind technological progress. A number of issues in urgent need of legal regulation remain outside the legal field (robotization and algorithmization in the field of labour; protection of personal data of job applicants; the problem of unemployment in the application of artificial intelligence in the labour process). It appears that today there is an urgent need for the federal authorities of the Russian Federation to adopt a strategy for the transformation of labour relations in the application of digital (information) technologies as well as a need to develop a concept of robotization and algorithmization of the labour process. Furthermore, when creating these documents and adjusting the current regulatory framework, the Russian legislator should take into account the experience of international and foreign regulation of labour relations in the field of digitalization of labour relations.\",\"PeriodicalId\":41782,\"journal\":{\"name\":\"BRICS Law Journal\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2023-04-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"BRICS Law Journal\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21684/2412-2343-2023-10-1-126-146\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"BRICS Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21684/2412-2343-2023-10-1-126-146","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Digital Technologies and Labour Relations: Legal Regulation in Russia and China
The widespread use of digital technologies in the field of labour relations raises the issue of examining the readiness and capability of the legislation in Russia and China to adequately regulate labour in modern workplace conditions while respecting the balance of interests and the rights of employees, employers and the state. This article draws a number of conclusions, one of which is that currently in the Russian Federation, the legal regulation of the use of digital technologies in the field of labour is haphazard, contradictory and not designed for the long term. Despite a number of significant scientific studies conducted in this area and the serious commitment of the People’s Republic of China to the issues of informatization, the legal regulation of the digitalization of labour relations lags behind technological progress. A number of issues in urgent need of legal regulation remain outside the legal field (robotization and algorithmization in the field of labour; protection of personal data of job applicants; the problem of unemployment in the application of artificial intelligence in the labour process). It appears that today there is an urgent need for the federal authorities of the Russian Federation to adopt a strategy for the transformation of labour relations in the application of digital (information) technologies as well as a need to develop a concept of robotization and algorithmization of the labour process. Furthermore, when creating these documents and adjusting the current regulatory framework, the Russian legislator should take into account the experience of international and foreign regulation of labour relations in the field of digitalization of labour relations.
期刊介绍:
The BRICS is an acronym for an association of Brazil, Russia, India, China and South Africa, evolved from mere investment lingo to an organized network, in the process assuming a greater geopolitical role aimed at institutional reforms that shift global power. All five countries adhere to principles of inclusive macroeconomic and social policies and are focusing on responsible national growth strategies. The BRICS Law Journal is a platform for relevant comparative research and legal development not only in and between the BRICS countries themselves but also between those countries and others. The journal is an open forum for legal scholars and practitioners to reflect on issues that are relevant to the BRICS and internationally significant. Prospective authors who are involved in relevant legal research, legal writing and legal development are, therefore, the main source of potential contributions.