On the Issue of the Classification of IT Sphere Employees

Authors

DOI:

https://doi.org/10.21564/2414-990X.160.273615

Keywords:

employee, IT industry, classification

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.

Author Biography

Daria Zaika, Yaroslav Mudrui National Law University

Postgraduate Student of the Department of Labor Law

References

Association ''IT Ukraine''. Ukraine IT report 2021. (2021). Retrieved from https://drive.google.com/file/d/1LujaT9pHEGhgpRRojfnlZgQikkyiIlbE/view.

IT became the only export sector that grew in 11 months of 2022. (2022). Retrieved from https://opendatabot.ua/analytics/itexport-11-22.

Amelicheva, L.P. (2020). Problems of legislative implementation and protection of the right to decent work for IT workers. Protection of the rights and interests of participants in property relations: issues of theory and practice zakonodavchoho zabezpechennia realizatsii ta zakhystu prava na hidnu pratsiu IT-pratsivnykiv. I. F. Koval (Ed.). (рр. 205-220). Vinnitsa: Writings.

Nakrošienė, A., & Butkevičienė, E. (2016). Telework in Lithuania: the concept, benefits and challenges to the employees. Filosofija. Sociologija, 27(4), 364-372. Retrieved from http://mokslozurnalai.lmaleidykla.lt/publ/0235-7186/2016/4/364-372.pdf.

Yaroshenko, O.M., Moskalenko, O.V., Velychko, & L.Y., Kovrygin, V.S. (2019). Property civil law liability and material liability of employees for damage caused to an employer: On the basis of civil law of Ukraine. Asia Life Sciences, 2, 735-748.

Yaroshenko, O.M., Melnychuk, N.O., Moroz, S.V., Havrylova, O.O., & Yaryhina, Y.P. (2021). Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect. Hasanuddin Law Review, 7(3), 136-149. https://doi.org/10.20956/halrev.v7i3.3218.

Datsiuk, V.B. (2020). IT law and economic freedoms. Legal regulation and economic freedoms of law. M. Savchyn (Ed.). (рр. 110-142). Uzhhorod: RIK-U.

Delagrange, H. (2017). Teleworking and labor conditions in Belgium. IUSLabor, 2, 1-124.

Yaroshenko, O.M., Melnychuk, N.O., Zhygalkin, I.P., Silchenko, S.O., & Zaika, D.I. (2022). Problems of legal regulation of artificial intelligence in labor law of developed countries. Informatologia, 55, 1-2, 160-169. https://doi.org/10.32914/i.55.1-2.13.

Yaroshenko, O.M., Sliusar, A.M., Sereda, O.H., & Zakrynytska, V.O. (2019). Legal relation: The issues of delineation (on the basis of the civil law of Ukraine). Asia Life Sciences, 2, 719-734.

Collins, H. (2010). Employment rights of casual workers. Industrial Law Journal, 29, 74-76.

Kostiuk, V.L. (2012).The legal entity in labor law: problems of theory and practice. Kyiv.

Yaroshenko, O.M., Sereda, O.H., Sereda, G.P., & Yakovlyev, O.A. (2020). Labour migration from Ukraine: economic and legal ways of countering. Financial and credit activity: problems of theory and practice, 1(32), 556-563.

Sliusar A.M. (2011). Legal status of subjects of labor law of Ukraine: theoretical and legal aspect. Kharkiv: FINN.

Tsesarskyi, F.A. (2011). Determination of the content of the concept of "employment contract" and its characteristic features in the conditions of the development of the market economy.Bulletin of the National Law Academy of Ukraine named after Yaroslav Mudryi. Series: Economic theory and law, 4(7), 165-172.

Danylian, O.H., & Dzoban, O.P. (2017). Organization and methodology of scientific research. Kharkiv: Pravo.

Adamova, O.S. (2015). Concept of legal classification. Journal of Civil Studies, 18, 19-24. Retrieved from http://dspace.onua.edu.ua/bitstream/handle/11300/8277/Chasopys%2019-24.pdf.pdf?sequence=1&isAllowed=y.

Dictionary of the Ukrainian language. T. 1-12 (A-LIGHTER). Ukrainian Language and Information Fund of the National Academy of Sciences of Ukraine. Retrieved from https://sum20ua.com/Entry/index?wordid=42050&page=1328.

Zaika, D.I. (2023). Separate issues of the definition of the IT-sphere employee as a subject of labor law. Pravo ta innovatsii – Law and innovations, 1(41), 30-36. https: //doi.org/10.37772/2518-1718-2023-1(41)-8.

Law of Ukraine No. 1667-IX ''On stimulating the development of the digital economy in Ukraine'' (2021, July). Retrieved from https://zakon.rada.gov.ua/laws/show/1667-20#Text.

Law of URSR No. 322-VIII ''Labor Code of Ukraine'' (2022, December). Retrieved from https://zakon.rada.gov.ua/laws/show/322-08#Text.

Law of Ukraine No. 1556-VII ''On Higher Education" (2014, July). Retrieved from https://zakon.rada.gov.ua/laws/show/1556-18.

Оrder of the Ministry of Labor No. 336 ''Handbook of qualification characteristics of employees' professions'' (2004, December). Retrieved from https://zakon.rada.gov.ua/rada/show/va024203-98.

ISO/IEC 15288:2008 Systems and software engineering — System life cycle processes. Retrieved from https://www.iso.org/standard/43564.html.

ISO/IEC 12207:2008 Systems and software engineering. Retrieved from https://www.iso.org/ru/standard/43447.html.

Suchasna IT-osvita v Ukraini. Profesiini standarty. Retrieved from https://mon.gov.ua/ua/osvita/visha-osvita/suchasna-it-osvita-v-ukrayini/profesijni-standarti.

Published

2023-03-30

How to Cite

Zaika, D. (2023). On the Issue of the Classification of IT Sphere Employees. Problems of Legality, (160), 118–134. https://doi.org/10.21564/2414-990X.160.273615

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Section

Articles