The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
45-48
10.37547/tajpslc/Volume07Issue03-07
OPEN ACCESS
SUBMITED
24 January 2025
ACCEPTED
23 February 2025
PUBLISHED
25 March 2025
VOLUME
Vol.07 Issue03 2025
CITATION
Javliyeva Gullola Abdurahim qizi. (2025). Non-standard forms of
employment and their development. The American Journal of Political
Science Law and Criminology, 7(03), 45
–
48.
https://doi.org/10.37547/tajpslc/Volume07Issue03-07
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Non-standard forms of
employment and their
development
Javliyeva Gullola Abdurahim qizi
Doctoral student of Tashkent State University of Law, Uzbekistan
Abstract:
This article analyzes non-standard forms of
employment and the reasons for their growing demand,
the differences between non-standard labor forms and
traditional labor relations, as well as their positive and
negative aspects. Additionally, it explores the concepts
of remote work, home-based work, and freelancing, the
specific characteristics of organizing these forms of
employment, and the similarities and differences
among these three types of work arrangements.
Keywords:
Non-standard forms of employment, remote
work, remote employee, home-based work, freelancing.
Introduction:
Today, with the increasing complexity of
social relations, changes in production organization, the
process of globalization, increased production capacity,
and the liberalization of society, both companies and
employees feel the need to change forms of labor.
Following such social changes, there arose a need for
certain legislative changes and legal regulation of new
relationships. Legislative bodies have also begun to seek
modern ways of organizing labor relations based on the
demands and needs of society.
New forms of employment, due to their adaptability to
both sides of labor or other employment relations, allow
for more complete satisfaction of needs, cost reduction,
and adaptation to changing world conditions [1].
However, the emergence of new forms of employment
is not only related to scientific and technological
achievements but also because for certain categories of
citizens, despite the low level of guarantees, such forms
are the only employment opportunity. These workers
include citizens in need of social protection, including
the elderly and individuals released from places of
imprisonment [2]. Additionally, in most cases, young
people, foreign citizens, and long-term unemployed
individuals participate in non-standard forms of
employment [3]. The issue of evaluating such forms of
labor is widely considered from a theoretical
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perspective, with both criticism and support found in
the literature. However, researchers note the
complexity of studies in this area, which is due to the
fact that some forms of non-standard employment are
not officially defined anywhere, and there is a lack of
documentation confirming the existence of such
relationships or employment status [4].
In the literature, non-standard employment is usually
defined as the activity of citizens based on labor
relations in which one of the important features of
traditional labor relations is absent or has been
modified. A.M. Lushnikov and M.V. Lushnikov assess
the concept of a non-standard employment contract as
one characterized by a new design and content. This
form is distinguished by significant changes in the
personal, organizational, or property characteristics of
the employment contract.
As mentioned above, non-standard forms of work are
characterized by changes in the features of "ordinary"
or "standard" employment. As a result of this
approach, unusual forms of employment include:
- Employment related to flexible working hours;
- Employment related to non-standard workplaces:
home-based work, remote work, shift work;
- Employment in non-standard organizational forms:
temporary workers, seasonal workers;
- Employment based on contracts with the
participation of private employment agencies:
network work, outstaffing[5].
METHODS
During the study, we tried to answer the following
questions:
This article examines the concept of atypical
employment relationships, their types, and the
reasons for the widespread use of atypical forms of
employment. The article also analyzes the similarities
and differences between remote work, home-based
work, and freelancing.
In this research work, such scientific methods as
analysis, objectivity, comparison, systematization,
statistical, and generalization were used.
RESULTS AND ITS DISCUSSION
Remote work is also considered a form of non-
standard employment. However, nowadays, forms of
work such as remote work, home-based work, and
freelancing are being viewed and misinterpreted as
similar concepts from the perspective of not being
performed at a stationary workplace under the
employer's supervision. Below are the concepts and
distinguishing aspects of off-site forms of employment
for workers.
Home-based
work
.
Home-based
workers
are
individuals who have concluded an employment
contract to perform work at home using materials,
tools, and mechanisms provided by the employer or
purchased by the home-based worker at their own
expense [6]. According to the new edition of the Labor
Code, home-based work refers to work carried out by a
home-based worker in accordance with a concluded
labor contract for the production of goods or the
provision of services at the place of residence of an
individual (home-based worker) or in other premises
belonging to them and/or their family members, as
requested by the employer.
In other words, home-based workers engage in manual
labor, producing certain types of products from
materials at home. This concept is also enshrined in the
International Labour Organization Convention No. 177
"On Home Work" (Geneva, 20/06/1996).
Thus, home-based work is carried out for compensation
and under the employer's direction for the purpose of
producing goods or services at the place of residence or
in other chosen premises, but outside the employer's
production facilities.
It should be noted that individuals with remote worker
status do not become home-based workers simply
because they work from home rather than their usual
workplace. Home-based work and remote work have
the following differences:
Firstly, home-based workers' activities are inherently
connected to the home, whereas in remote work, an
employee can perform their duties not only at home but
anywhere convenient for them [7];
Secondly, home-based work is typically carried out by
people with disabilities or those with challenging family
circumstances, who find it difficult to commute to work
daily. Moreover, the work of these home-based workers
is generally a technological process involving the
production of components, semi-finished products, and
certain types of products at home. Therefore, there are
no requirements for internet use in home-based work,
which is a fundamental aspect of remote work;
Thirdly, although the labor contract in home-based
work is concluded only with the home-based worker,
third parties, namely family members of the home-
based worker, may participate in performing the work.
In remote work, it is mandatory for the employee to
personally carry out their job duties.
Fourthly, homeworkers are paid piece-rate wages, while
remote workers receive time-based salaries, similar to
regular office employees.
In other words, homeworkers and remote workers are
likely to be similar only in that they perform their tasks
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outside the employer's premises.
Freelancing
. The etymology of the word "freelancer,"
when translated literally, means "free lancer" -
"independent spearman." This term was originally
used in the Middle Ages for a person who carried a
spear and served as a mercenary. In England, this term
was applied to soldiers who served various masters for
a certain fee. In the 19th century, the word acquired a
creative meaning and began to be used in relation to
independent artists and journalists who performed
work on individual commissions [8].
In the modern interpretation, a freelancer is a
professional in any field who independently provides
services to various clients, without being a
subcontractor of a single client [9].
Freelancing is one of the non-standard forms of labor
organization, in which a freelancer is not a full-time or
part-time employee of any company, but operates as
an independent specialist and simultaneously has
several employers (or clients).
It should be noted that today more and more
companies are formalizing relationships not through
employment contracts, but through civil law contracts.
Freelancing activities are also carried out not through an
employment contract, but through paid service (civil)
contracts.
Unlike home-based work and remote work, in this form
of employment, the company assigns a specific task to
the freelancer under the contract, sets deadlines, and
specifies all the terms of the work in the contract. If the
freelancer completes the assignment on time, the
company pays them a one-time fee as specified in the
contract [10]. This scheme is considered convenient due
to the remote nature of the work. However, such
contracts deprive freelancers of the following
guarantees that apply to employees established by law:
annual basic and additional leave, sick leave, severance
pay in case of dismissal due to staff reduction, and
others. This also allows organizations to save on social
benefits provided in cases of temporary disability.
Freelancing differs from remote work in the following
ways:
Signs
Freelancing
Remote work
Type of
employment
Individual entrepreneurs and
self-employed individuals
Staff member
Contract type
Civil law contract and non-
contractual labor
Employment Contracts (Fixed-
term and Permanent)
Employer
Legal entities and individuals
Legal entities
Work schedule
Completing the work by the
deadline agreed upon with the
client
Strictly defined schedule (as
agreed between the employee
and the employer)
Distribution of
workload
Uneven (the number of orders
depends on the volume and
ease or difficulty of the task)
At a steady pace (usually 7-8
hours per day)
Income level
Unstable
Stable, steady
Remote work
. Remote work is a form of labor
organization in which work is carried out by an
employee using information and communication
technologies outside the workplace or the territory of
the owner or authorized div, anywhere at the
employee's discretion.
In order to regulate these relations, a section entitled
"Features of Regulating the Labor of Remote Workers"
has been introduced into Chapter 26 of the new
edition of the Labor Code of the Republic of Uzbekistan.
This section defines the concepts of remote work and
employees working remotely, and also sets out the
specifics of concluding an employment contract with
such employees.
The new edition of the Labor Code of the Republic of
Uzbekistan defines the concept of "remote work."
According to it, remote work is a labor function
performed by an employee, as determined by an
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employment contract, which involves a relationship
between the employer and the employee, related to
the implementation of this labor function outside the
location of the employer, outside the permanent
workplace, territory, or facility directly or indirectly
controlled by the employer, through information and
telecommunication networks used in performing this
labor function, including the Internet.
Based on the definition, remote work has the following
features:
Firstly, the employee is required to perform the labor
function stipulated by the employment contract
outside the location under the direct or indirect control
of the employer, its branch, representative office,
other separate structural subdivision (including
workplaces located in other localities), territory, or
facility;
Secondly, the use of public information and
telecommunication networks, including the internet, is
an integral condition for facilitating communication
between the employer and the employee on issues
related to the performance and implementation of
labor functions.
CONCLUSIONS
Regarding
the
development
and
practical
implementation of remote work today, it is currently
possible to establish such contracts primarily with
programmers, lawyers, web designers, economists,
editors, proofreaders, and others. They are united by
the fact that they are highly qualified specialists who
independently organize their work and present its
results to the employer mainly in electronic form
(edited texts, computer programs, draft contracts,
reports, etc.).
Thus, non-standard forms of employment primarily
arise from social changes that have demonstrated the
need to modify conventional labor relations which
cannot fully meet the needs of companies. Despite
some researchers' negative assessment of non-
standard employment forms, the process of seeking
new solutions continues unabated. On the contrary,
novel forms of employment are emerging and
spreading. One of the pressing issues today is the
creation of sufficient regulatory legal acts to govern
these forms of employment and their lawful
promotion to reduce unemployment and provide relief
for employees in various social situations. From this
perspective, it is necessary to incorporate into Section
6 of the Labor Code, "Additional Guarantees and
Benefits for Certain Categories of Workers," concepts
related to the definition of atypical and other modern
forms of employment, as well as descriptions of the
specific features of their regulation.
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