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6Oriental Renaissance: Innovative, (E)ISSN:2181-1784
educational, natural and social sciences www.oriens.uz
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XODIMLARNING MASOFAVIY MEHNATINI TARTIBGA SOLISHNING
KONTSEPTUAL ASOSLARI
Sitora Shoislomova,
Toshkent davlat yuridik universiteti o'qituvchisi ORCID: 0000-0003-4834-6169 sitalaw22@gmail.com
ANNOTATSIYA
Ushbu maqola "masofaviy mehnat", "masofaviy xodim" tushunchаlari, masofadan ishlash usulini joriy etish, masofaviy xodimlar bilan ish beruvchining o 'zaro hamkorlik qilish xususiyatlari, masofaviy xodimlar mehnatini tartibga solish va mehnatini tashkil etishning tartibi va o 'ziga xos jihatlarini o 'rganishga bag'ishlangan. Shuningdek, tadqiqotda xorijiy davlatlarning qonunchiligida masofadan ish olib boruvchi xodimlarning mehnatini tartibga solish bo'yicha yondashuvlar o'rganilgan va bu borada O'zbekiston Respublikasi qonunchiligini takomillashtirish bo 'yicha muhim amaliy ahamiyatga ega bo 'lgan taklif va tavsiyalar ishlab chiqilgan.
Kalit so'zlar: masofaviy ish, masofaviy ishchi, masofaviy ishlarni amalga oshirish, tartibga solish, mehnatni tashkil etish.
КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ РЕГУЛИРОВАНИЯ ТРУДА ДИСТАНЦИОННЫХ РАБОТНИКОВ
Ситора Шоисломова
Преподаватель Ташкентского государственного юридического университета, Ташкент, Узбекистан ORCID: 0000-0003-4834-6169 sitalaw22 @gmail. com
АННОТАЦИЯ
Настоящая статья включает понятия "дистанционная работа", "дистанционный работник", введение дистанционной работы, раскрыты особенности порядка взаимодействия дистанционного работника и работодателя, регулирование и организация труда дистанционных работников. В исследовании также рассматриваются подходы к регулированию работы дистанционных работников в законодательстве зарубежных стран, и в этой связи разрабатываются важные предложения и
SJIF 2023 = 6.131 / ASI Factor = 1.7
3(10), October, 2023
рекомендации по совершенствованию законодательства Республики Узбекистан.
Ключевые слова: дистанционная работа, дистанционный работник, внедрение дистанционной работы, регулирование, организация труда.
CONCEPTUAL FOUNDATIONS FOR THE REGULATION OF REMOTE
EMPLOYEE LABOR
Sitora Shoislomova
Lecturer of Tashkent State University of Law, Tashkent, Uzbekistan ORCID: 0000-0003-4834-6169 sitalaw22@gmail .com
ABSTRACT
This article is devoted to the concepts of "remote work", "remote worker", the introduction of remote work, the features of the procedure for interaction between a remote worker and the employer, the regulation and organization of labor of remote workers devoted to the study of aspects. The study also examines the approaches to regulating the work of teleworkers in the legislation of foreign countries, and in this regard develops important proposals and recommendations for improving the legislation of the Republic of Uzbekistan.
Keywords: remote work, remote worker, introduction of remote work, regulation, organization of labor.
INTRODUCTION
Today, the development of labor legislation is rising to a new level of quality. Since the 21st century is considered the age of the information society, modern conditions are shaping new types of workers: "Network worker", "mobile worker", etc. The global update of the technical and technological base based on the introduction of computerization, automation, informatization, flexible production systems has led to significant changes in the form of non-standard forms of employment through appropriate non-traditional (flexible) contracts in the field of Labor Organization. Since nestandart employment forms like this, distance cocktails are served.
Remote work is considered as one of the coexisting modes of work, such as traditional office work, mobile work[1], or virtual work, or as a type of many flexible work graphs, such as incomplete work, flexible graphics, etc [2].
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Historically or typologically, too, scientists tend to define remote work in a separate way from the use of the new Act.
Unlike the above views on remote operation, Kraypo [3] offers a more flexible approach. It defines remote operation as an evolutionary process. According to craipo, ICT development adds a key contribution to the development of remote labor. They allow us to transform the state that we usually perceive as office work [4]. Personal computers and telephones served to transfer part of the traditional office work away from the employer's territory and closer to the staff house. With the spread of mobile devices such as laptops and mobile phones, this part left the stationary area and went to places such as the train, metro and cafe. The popularization of the use of the internet has virtualized the work, making it possible to do it using compact and powerful devices such as smartphones, tablets. This part of the office work was called "télétravail" (telemehnat) by Craypo. Based on the evolutionary point of view of craipo, the following Chronicle of the development of remote work of three generations was put forward: Home Office, mobile office and virtual office.
DISCUSSION AND RESULTS
The first generation of remote work: is the office in the House. The term remote work can be traced back to Jack Nilles ' analysis of the growing information industry in the U.S. State of California and which he called The "telecommuting network". In the sense of the term, the main emphasis is placed on the use of telecommunications in the United States, especially in large megacities such as Los Angeles, to reduce the time it takes to the road that is still a major issue. During the same period, to get rid of the expensive and long road from home to work and home from work, the employee was transferred from the employer's territory to his home in whole or in part. The interconnection of new technologies, in particular computers and telecommunications, made it possible to work from home in this form. A large-scale price reduction in the growing information industry was achieved due to the dependence of remote labor on work in front of computer screens and monitors:" we prepared for it by anticipating the expansion of the use of telecom monikers by information industry organizations, in particular, teleconferences filled with periodic face-to-face meetings, and we will strengthen this, " says Jack Nilles[5].
Nilles introduced the term "telecommuting" in his later work (1988) to cover all types of work-related activities conducted outside of the employer area, provided by the Act, into the more general term remote work "telework". Here again we can see that the development in technology changes the working conditions. The rapid spread of teleconferences, email, the Internet began to squeeze out traditional
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correspondence tools in the late 1980s and early 1990s, and expanded the set of cost-cutting opportunities for organizations [6].
The third generation of remote work: is a virtual office. An important aspect that Elvin Toffler had not foreseen in his third wave work: the Internet and its effect on changing the way the Act was used. Toffler was able to see that the information society's jobs were moving from the employer area to the employee's home, and this appeared to be an important hypothesis promising much in the early 1980s. However, by the 21st century it became known that these author's hypotheses were in demand for editing. In"the digital nomad " (1997), Makimoto and Manners predicted that the work of the future would be moving tirelessly, not here or there. The internet connection through radio channels and the smaller size of transistors, Makimoto and manners believe, inevitably combine information technology and communication technology to create an "ideal industry product": the ideal industry product will be even less than a laptop computer. More communication is established in it than counting. It will be much smaller and lighter than today's laptops[7].
According to Toffler, the potential of remote work simply went beyond the limits of cost and time savings that go to the road. The author believes that remote work leads to public stability, a decrease in environmental pollution, the flowering of new areas and the emergence of a completely new family structure. All such promising views were reinforced by the first studies that laid the foundation for the increasing success of remote labor in these areas [8].
The result was a slow but steady increase in remote operation. As a result, remote labor grew slowly but steadily. First, new organizational forms of remote labor such as support centers have emerged [9]. Later, work outside the employer's territory became more complicated, causing the development of remote work, spread to other areas and countries [10]. Finally, with the emergence of a new method of work, academic controversy arose, and its advantage, few, began to be discussed in most areas of academic science. In the wake of the development of remote work, legal norms for its use were introduced into the state of California, where the first research of Jack Nilles was carried out. Section 14201 of the California government code, signed in 1990, reflects the nature of these early years. He called on each state agency to "review the performance of its organization on the practical benefit of telecommuting". Today, such statutes and directives are also available in several other states in the United States.
In the literature dedicated to the first generation of remote work, attention is focused on one type of work mode: concentrated in the Home Office. The place of work in the House of employees or close to their home is considered inexpensive and
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environmentally friendly from work away. However, computers and telephones of the time, the first generation of acts, did not allow the mobilization of the employee's working hours. In addition, these studies have clear field and geographical boundaries. Remote work was considered a research object of the information industry of the 1970s and 1980s in the western United States until it spread to other industries, States, and countries.
The work in the area was flexible-graphed, the commuting costs were high, and the use of ICT was common enough to introduce a new production system. After the first Developments, preliminary government decisions were made, and remote labor began to be promoted to the mass sector.
The second generation of remote work: is a mobile office. It is difficult to distinguish the first generation of remote work from its second generation - the mobile office. The changes were in stages and at different stages in different organizations, industries and countries. The first and second generation of remote work is distinguished by technological advances. As Elvin Toffler predicted, the act progressed very quickly. Wireless devices such as Leptop, laptop, mobile phone have allowed employees to work not only from home, but also from anywhere they can or should work. However, research on remote work remained limited. Even by the end of the 20th century, at a time when the ICT was already strong and affordable enough to replace many stationary jobs, the attention of scientists was still focused on the classic form of remote work in the quality of working from home on a full or partial employment basis [11]. Di Martino [12] and Virt (1990) in one of their works on this topic expanded the list of remote work options to "mobile work". However, this did not develop the concept in detail. Others followed similar short, superficial and non-systematic work. In the short term, the ICT became smaller, lighter and more wireless, but the vision of remote operation remained the same as in its first case.
Nevertheless, the idea that remote processing was developed from the first to the second generation on the basis of ICT is justified by two separate, but interconnected States. First, remote work has always evolved according to a flexible work graph, not to replace traditional office work. Second, the mobile office was viewed in terms of its presence in a different field and organization than the Home Office. First from the beginning, that is, since the 1970s and 1980s, the Home Office has been used by ordinary office workers in many areas, while the mobile office, as a rule, has been used by managers and professionals in marketing and finance[13]. Thus, scientists who have focused on traditional remote workers have been ignoring the mobile office as a growing alternative work method. Increasingly, such traditional remote handlers differed from the latter in the act they used. As cheaper and more
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powerful electronic devices developed, in the context of technological progress, both groups used the same form of work[14].
By this time, the legal regulation of remote work had changed dramatically. Government decisions took a more balanced aspect from simply supporting the new method of work. Policy markers in this area began to react frequently to the disputed debate about the prevalence of remote work and the regulation of working hours, working conditions, Occupational Safety and hygiene. An important example of this is the European remote work agreement of 2002. This social cooperation agreement enshrines the definition of remote work and the fact that remote workers also use the same labor standards as their colleagues in the employer area.
The second generation of remote work is not as researched as the first generation. The mobile office retreated from the classic bipolar space structure of Labor. Scientists increasingly began to recognize that work - work can be carried out on the territory of the employer, at home and in different places between them. The work was now separated from the site: it became possible to do it "here, there, whenever, wherever"[13]. Government decisions reflected this development.
They were responding to the changing work environment and conditions. From this time on, to move to the third generation of remote work - the virtual office, it would be necessary only to quickly spread the use of the Internet and the World grid.
The third generation of remote work: is a virtual office. An important aspect that Elvin Toffler had not foreseen in his third wave work: the Internet and its effect on changing the way the Act was used. Toffler was able to see that the information society's jobs were moving from the employer area to the employee's home, and this appeared to be an important hypothesis promising much in the early 1980s. However, by the 21st century it became known that these author's hypotheses were in demand for editing. In"the digital nomad " (1997), Makimoto and Manners predicted that the work of the future would be moving tirelessly, not here or there. The internet connection through radio channels and the smaller size of transistors, Makimoto and manners believe, inevitably combine information technology and communication technology to create an "ideal industry product": the ideal industry product will be even less than a laptop computer. More communication is established in it than counting. It will be much smaller and lighter than today's laptops[14].
Makimoto and manners ' prediction proved true. The smartphone and similar products have changed the technology so radically that it makes it possible to describe the third generation of remote work in the sense of a new Act or "new act". In the previous generation of remote work, work was becoming mobile, but all information had to be carried with it all the time as before. Information technology
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could be conceptually separated from communication technology. In this new generation of ICT, information is stored in clouds (clouds) and networks, and a small-scale device will be needed to use it. This ultimately changes how we perceive remote work. It will be possible to instantly check email, completed transactions, messages and news in the palm of your hand. This makes it possible to carry out work outside the employer's territory for very short periods.
While these changes appear more evident in retrospect, they are not so in terms of empirical (only experimental, pro-practical activity) data. Since Tim Berners-Lee's 1989 creation of the World grid in the European Organization for Nuclear Research, visualized (visual-visual observation or analysis) offices have grown. Early research work on Virtual offices or virtualized workplaces was focused on joint work (CSCW)with more computers, rather than on ICT reduction and capacity enhancement [15].The first empirical studies that clearly demonstrate the value of ICT for the virtual office were based on studies carried out in the field of information, which caused this area to develop from the very beginning [16].
Here , a virtual office that can be accessed through portable devices has been defined as a "new form of work" but is not conceptualized accordingly. The great interest in the new act as a means of working outside the employer's territory has come into play in a broad way about the intensification of Labor and along with the debate that is still ongoing. The focus of the controversy was on reorganizing the work, which focused on the informal work schedule outside of the regular working hours. Based on the controversy, there was a feature that the virtual office could be used wherever and whenever it wanted.
The new Act made it possible for the virtual communication of employees, and it was this technological development, [17] as in previous generations, that gave impetus to the further development of remote work. Remote work has been continuous for thirty years: from the first desires to reduce the costs of attending work to mobilize office work, to the development of a new mode of work -virrualization. Remote work has grown to all aspects of life and is ready everywhere to this day. Evolution-based views on remote work lead us to the fact that the current debate over the effect of ICT on paid work outside the employer's territory is an indirect or direct debate about remote work in one form or another [18]. This in turn raises the need to discuss and consider from an interdependent point of view the various district concepts that are puzzled about this phenomenon, which is disseminated in the literature.
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