OUTSOURCING OF THE LABOR FUNCTION: BUSINESS OPTIMIZATION AND CHALLENGES TO LABOR LAW
Background: in the modern period, there have been a number of significant changes in the socio-economic and technological spheres, including those that led to the restructuring of the interaction of employers and employees in the framework of new organizational structures and contractual mechanisms: fragmentation of the company’s contour, decentralization of the production cycle, “fissurization”(“splitting”) of the employer, platforming of the busi ness, and wide involvement of labor in the spot market (the use of “gig workers”). Objecive: to conduct a study of the legal aspect of changes in the organization of labor management. Methodology: system, formal-legal, comparative research methods of research. Results: the analysis of the mechanisms of companies’ choice of the form of interaction with persons performing work in the framework of various forms of labor management organization is carried out. The article analyzes the organizational and legal aspects of “outsourcing” of the labor function as a key component in the organization of labor management. Conclusions: the “оutsourcing» of the labor function as a whole or in parts (in the form of separate tasks, responsibilities) can be carried out outside the company, for example, by transferring it to employees of private employment agencies or «gig-employees» who are attracted individu ally on the spot labor market. The issues of regulation of the relevant relations, as well as related organizational and legal aspects, will differ.