OBSERVARE

Universidade Autónoma de Lisboa

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier

Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026

410

SHIFTING PARADIGMS OF LABOR RIGHTS IN THE CONTEXT OF FLEXIBLE AND

REMOTE EMPLOYMENT

MARYNA KUZNETSOVA

oshkodorova@ukr.net

PhD in Law, Associate Professor of the Department of Private and Social Law Sumy National

Agrarian University

Sumy (Ukraine) https://orcid.org/0000-0003-3566-6016

LIDIIA KARPENKO

Lidiiako888@gmail.com

Doctor in Economics, Professor of the Public Service and Law Department Educational and

Scientific Institute of Public Service and Administration of the Odesa Polytechnic National

University

Odesa (Ukraine) https://orcid.org/0000-0002-2888-2477

DANYLO KRAVTSOV

d_kravtsov@ukr.net

PhD (Law Sci.), Associate Professor of the Department of Labor Law

Yaroslav Mudryi National Law University

Kharkiv (Ukraine) https://orcid.org/0000-0003-4110-7181

OLHA TYKHONIUK

Olga_Tykhonyuk@ukr.net

Lecturer at the Department of Information, Economic and Administrative Law

Faculty of Sociology and Law National Technical University of Ukraine “Igor Sikorsky Kyiv

Polytechnic Institute”

Kyiv (Ukraine) https://orcid.org/0000-0003-3123-5841

MARYNA SMOLIAROVA

Smolyarova@i.ua

PhD (Law Sci.), Associate Professor of the Department of Constitutional, Administrative and

Labor Law National University "Zaporizhzhia Polytechnic"

Zaporizhzhia (Ukraine) https://orcid.org/0000-0002-6385-181X

Abstract

The relevance of this study is driven by the large-scale digital transformation of the labor

market, which is reshaping traditional approaches to the legal regulation of labor relations,

working time organization, and the provision of social guarantees. The rapid expansion of

remote, hybrid, and flexible forms of employment necessitates a reconsideration of labor

rights and the creation of effective mechanisms for their protection in the digital economy.

The purpose of the research is to examine the transformation of labor rights in the context of

remote and flexible employment and to identify key directions for improving legal regulation

in Ukraine, taking into account international standards. The methodological framework is

based on comparative legal, structural-functional, and content analysis methods, which

enabled a systematic review of regulatory acts, analytical reports, and empirical data from

the Organisation for Economic Co-operation and Development (OECD), the World Health

Organization (WHO), and other international sources. The findings indicate that remote work

combines increased employee autonomy with new risks, including the blurring of working time

boundaries, privacy violations, intensified digital control, and weakened collective solidarity.

The study shows that European Union countries and the United Kingdom have already

закрепили rights to flexibility, transparency of algorithmic management, and protection

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

411

against excessive digital monitoring, while Ukrainian legislation remains only partially aligned

with these principles. Gender differences in the impact of remote employment on

psychological well-being were also identified. The practical significance of the research lies in

recommendations for modernizing Ukrainian labor legislation, including the introduction of the

“right to disconnect,” the presumption of employment relations in the gig economy, and the

strengthening of social protection in the digital environment.

Keywords

Remote work, flexible employment, labor rights, digitalization, gig economy.

Resumo

A relevância deste estudo é impulsionada pela transformação digital em grande escala do

mercado de trabalho, que está a remodelar as abordagens tradicionais à regulamentação

jurídica das relações laborais, à organização do tempo de trabalho e à prestação de garantias

sociais. A rápida expansão das formas de emprego remotas, híbridas e flexíveis exige uma

reconsideração dos direitos laborais e a criação de mecanismos eficazes para a sua proteção

na economia digital. O objetivo da pesquisa é examinar a transformação dos direitos laborais

no contexto do emprego remoto e flexível e identificar as principais direções para melhorar a

regulamentação jurídica na Ucrânia, levando em consideração os padrões internacionais. O

quadro metodológico baseia-se em métodos comparativos jurídicos, estruturais-funcionais e

de análise de conteúdo, que permitiram uma revisão sistemática de atos regulamentares,

relatórios analíticos e dados empíricos da Organização para a Cooperação e Desenvolvimento

Económico (OCDE), da Organização Mundial da Saúde (OMS) e de outras fontes

internacionais. As conclusões indicam que o trabalho remoto combina uma maior autonomia

dos funcionários com novos riscos, incluindo o esbatimento das fronteiras do tempo de

trabalho, violações da privacidade, controlo digital intensificado e solidariedade coletiva

enfraquecida. O estudo mostra que os países da União Europeia e o Reino Unido já

consolidaram os direitos à flexibilidade, transparência da gestão algorítmica e proteção contra

o monitoramento digital excessivo, enquanto a legislação ucraniana permanece apenas

parcialmente alinhada com esses princípios. Também foram identificadas diferenças de género

no impacto do emprego remoto no bem-estar psicológico. A importância prática da

investigação reside nas recomendações para modernizar a legislação laboral ucraniana,

incluindo a introdução do «direito à desconexão», a presunção de relações laborais na

economia gig e o reforço da proteção social no ambiente digital.

Palavras-chave

Trabalho remoto, emprego flexível, direitos laborais, digitalização, economia gig.

How to cite this article

Kuznetsova, Maryna, Karpenko, Lidiia, Kravtsov, Danylo, Tykhoniuk, Olha & Smoliarova, Maryna

(2026). Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment.

Janus.net, e-journal of international relations. Thematic Dossier - Rule of Law, Human Rights, and

Institutional Transformation in Times of Global and National Challenges, VOL. 16, Nº. 2, TD3, March

2026, pp. 410-426. https://doi.org/10.26619/1647-7251.DT0226.22

Article submitted on 18 December 2025 and accepted for publication on 15 January

2026.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

412

SHIFTING PARADIGMS OF LABOR RIGHTS IN THE CONTEXT OF

FLEXIBLE AND REMOTE EMPLOYMENT

MARYNA KUZNETSOVA

LIDIIA KARPENKO

DANYLO KRAVTSOV

OLHA TYKHONIUK

MARYNA SMOLIAROVA

Introduction

In the modern era of rapid digitalization of society, a profound transformation of labor

rights is taking place, changing the perception of the very nature of work, its organization

and social justice. The spread of remote, flexible and hybrid employment, the

development of the platform economy, the introduction of artificial intelligence and

automation of work processes are creating a new architecture of the labor market, where

classic instruments of legal regulation are gradually losing their effectiveness. Under such

conditions, there is an urgent need to rethink labor guarantees, adapt the legal field to

the realities of the digital economy, and ensure a balance between employment flexibility

and employee protection. The issue of remote work has become one of the most relevant

in the international scientific discussion, as it combines legal, socio-psychological, and

economic dimensions. As Kossek and Kelliher (2022) and Mahadevan et al. (2025) point

out, new work formats are creating a “culture of autonomy”, but at the same time they

increase the risk of blurred work boundaries, increased employer control and inequality

in access to opportunities. Studies by OECD (2023) and WHO (2023) show that the

increase in the proportion of remote workers worldwide is accompanied by a deterioration

in psychological well-being, increased emotional exhaustion and the need for new policies

to support mental health. At the same time, the gender aspect of remote work is gaining

increasing importance – according to the results of studies by Castro-Trancón et al.

(2024) and Maraziotis (2024), women are more likely to choose flexible work formats,

but they remain more vulnerable to professional burnout due to the double burden of

work and family.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

413

The legal challenges of remote and hybrid work cover a wide range of issues, from

classifying employment relationships in the gig economy to ensuring the right to privacy

and the “right to disconnect”. European scientific opinion offers a model of combining

economic flexibility with a high level of social protection, which is reflected in the EU

Directives – Directive (EU) 2019/1158 on work-life balance and Directive (EU) 2024/1231

on platform work (European Commission, 2019; European Parliament & Council of the

European Union, 2024). Comparative studies of the United Kingdom, Canada and Ukraine

(UK Parliament, 2023; Canada.ca, 2024a; Honcharenko & Bohatyrova, 2025)

demonstrate the desire of states to form a balanced regulatory system that

simultaneously takes into account the interests of employees and employers. There are

still “blank spots” in our knowledge of how legal procedures should provide justice in the

digital world, where there are no distinct borders between paid and self-employed

employment or between working and personal time, despite the fact that scientific

research on the subject is ongoing. The issues of collective responsibility in the virtual

environment, control of working time through algorithmic systems, as well as the legal

responsibility of the parties when using digital platforms remain insufficiently researched.

The purpose of the present research is to clarify the features of the transformation of

labor rights in the context of remote and flexible employment, characterize the legal risks

and challenges of the digitalization of labor, and identify areas for improving the national

legislation of Ukraine in accordance with European standards for ensuring decent work.

Analysis of Recent Studies and Publications

In modern scientific literature, the issue of the transformation of labor rights in the

context of remote and flexible employment is considered through the prism of

digitalization, social justice and ensuring decent working conditions. A number of studies

emphasize the need to rethink traditional models of labor relations and create flexible

work formats that combine productivity and employee well-being (Kossek & Kelliher,

2022; Kossek et al., 2022; Smite et al., 2022; Soga et al., 2022). Considerable attention

has been paid to the role of organizational culture in shaping fair flexibility practices that

provide a balance between autonomy and control (Hartner-Tiefenthaler et al., 2023;

Buick et al., 2024; Shi Hao et al., 2024). The studies demonstrate that flexible work

models have both positive and conflicting effects on the psycho-emotional state of

employees. In particular, it has been proven that remote work increases life satisfaction,

but at the same time increases the risks of emotional burnout, especially among women

(Matthews et al., 2022; Castro-Trancón et al., 2024; WHO, 2023; OECD, 2023). In terms

of gender, it was found that women are more likely to choose remote employment, which

promotes flexibility but creates additional burdens in combining professional and family

roles (Maraziotis, 2024; Xue et al., 2025; Clausen et al., 2024).

The issue of legal regulation of remote work is the subject of active discussions among

scholars and practitioners. Scholars draw attention to the lack of a unified terminology

base and the need to update legislative acts to define the status of platform economy

workers (Hipp & Krzywdzinski, 2023; Katsabian, 2023; Hsieh et al., 2023; Mahadevan et

al., 2025). Ukrainian authors also emphasize the need to create a stable legal framework

for remote work and gig employment (Honcharenko & Bohatyrova, 2025; Shlapko &

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

414

Makhitko, 2024; Yefrosenko, 2025; Panchenko, 2025). At the international level, studies

on the harmonization of employment rights across jurisdictions remain relevant. Within

the EU, regulatory documents aimed at ensuring a balance between professional and

private life play a key role (European Commission, 2019; European Parliament & Council

of the European Union, 2024; Shapiro, 2025; Fisher Phillips, 2024). The UK has passed

the Employment Relations (Flexible Working) Act 2023, which extends employees’ rights

to request flexible working hours (UK Parliament, 2023; World Economic Forum, 2023;

First Advantage, 2025), while Canada has established the right to make written requests

to change jobs (Canada.ca, 2024a; 2024b; Accace, 2024).

Special attention of the researchers is devoted to the emerging risks in the sphere of

labor rights due to digitalization. The issues of shared responsibility, time management,

personal information protection, and establishment of the legal responsibility of the

participants are evaluated specifically through the prism of recent legislative practices

and court cases. Scientists underline that the absence of legally enshrining the

boundaries of the monitoring as well as the right to disconnect may result in the loss of

labor guarantees in the remote work (Ray and Pana-Cryan, 2021; Mamaysky and Lister,

2021; Petitta and Ghezzi, 2025; Li et al., 2025). To conclude, the scientific discourse

implies a shift towards the normative to the value-based concept of work in the digital

era: the employee is actually regarded as an independent entity that needs more than

legal protection, social one. The establishment of legal frameworks that would provide

the hybrid and platform employment structures is a prerequisite to the creation of a

balance between flexibility and job security (Tossou, 2025; Pearson, 2025; Rosin, 2024;

Panchenko, 2025).

In addition, scientific opinion focuses on the socio-economic consequences of the digital

transformation of work, in particular, the impact of automation and artificial intelligence

on the structure of the labor market, income stability and the formation of new employee

competencies (Tossou, 2025; Li et al., 2025; Petitta & Ghezzi, 2025; Panchenko, 2025).

A number of studies highlight the need to integrate flexibility principles into human

resource policies that ensure employee motivation, engagement and resilience in the

post-pandemic environment (Mahadevan et al., 2025; Shi Hao et al., 2024; Buick et al.,

2024; Soga et al., 2022). At the same time, as comparative analyses show (OECD, 2021;

2023; WHO, 2023; Castro-Trancón et al., 2024), the implementation of remote

employment requires taking into account socio-cultural factors that determine uneven

access to technology and professional opportunities.

The legal nature of the new work format is actively discussed in a framework of the cross-

border contact and law ambiguity in the identification of the applicable law (Rosin, 2024;

Mamaysky and Lister, 2021; Honcharenko and Bohatyrova, 2025; Shlapko and Makhitko,

2024). Specifically, researchers observe that globalization of remote work presupposes

the harmonization of regulations on the working time, protection of personal data, and

the regulation of the contractual relations between the employer and the employee in

various jurisdictions. Here, the role of the European directives as templates of legal

alignment that guarantee minimum levels of social protection to workers is highlighted,

specifically, by norms on algorithmic transparency and human oversight of the platform

economy (European Parliament and Council of the European Union, 2024; Fisher Philips,

2024; Shapiro, 2025; UK Parliament, 2023; Mia et al., 2022). The research of recent

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

415

years also emphasizes the new methods of workers right towards flexibility and

contribution to the creation of the own working environment. The right to disconnect

practice is regarded as one of the significant elements of the modern labor law, which

allows avoiding burnout and saving mental health (Ray and Pana-Cryan, 2021; Petitta

and Ghezzi, 2025). In scientific publications on law and management, there is a case in

favor of institutional support of hybrid employment, the enhancement of employment

contracts, and the development of digital control mechanisms that do not interfere with

privacy in employees (Hsieh et al., 2023; Li et al., 2025; Hipp and Krzywdzinski, 2023;

Panchenko, 2025).

Thus, despite the depth of existing studies, a number of unresolved issues remain: the

lack of a unified approach to determining the legal status of workers in the platform

economy and the insufficient development of mechanisms for the legal responsibility of

the parties in remote work. These gaps determine the direction of further scientific

research on the harmonization of labor legislation in the digital age.

Research Methods

The research was carried out by the author in 2024 – 2025 based on an interdisciplinary

approach that combined legal, socio-economic and comparative analytical analysis. The

main materials were regulatory legal acts of the European Union, the United Kingdom,

Canada and Ukraine, in particular Directive (EU) 2019/1158 and Directive (EU)

2024/1231, as well as analytical reports of international organizations, in particular OECD

(2021, 2023) and WHO (2023). Methods of comparative legal analysis of legislative

systems (Accace, 2024; UK Parliament, 2023; Canada.ca, 2024a, 2024b) and content

analysis of scientific publications (Castro-Trancón et al., 2024; Matthews et al., 2022)

were employed to evaluate the effects of remote and flexible employment on workers'

mental health, social stability, and labour rights. Statistical and sociological data were

selected from open sources PubMed Central and the OECD database, which ensured a

representative sample of over 2,000 respondents from OECD member countries. Using a

structural-functional approach and a way of generalizing empirical data, we were able to

systematize the results and find similarities between the psychological condition of

employees, gender features, and the degree of employment flexibility. Based on these

methods, summary tables and visualizations were constructed that reflect key trends in

legal regulation and social consequences of remote work.

Research Results

The transformation of labor rights in the context of the development of remote and

flexible forms of employment is one of the key processes that determine the modern

architecture of the labor market. Digitalization, automation and the development of the

platform economy have created new formats of work that combine the independence of

the employee with non-standard conditions of interaction between the employer and the

contractor. Within the framework of such changes, the question arises of revising legal

mechanisms that were previously focused on the traditional form of labor relations – with

a fixed place, time and clearly defined responsibilities (Kossek & Kelliher, 2022;

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

416

Mahadevan et al., 2025). Currently, remote work is seen not only as a temporary form

of work organization but also as a stable element of the economic system. Its spread

requires states to adopt new approaches to guaranteeing labor rights, as classic

mechanisms of control, supervision and ensuring labor safety are losing their

effectiveness. At the same time, hybrid labor models are emerging, where the boundaries

between paid and self-employed work are becoming increasingly blurred (Hartner-

Tiefenthaler et al., 2023; Katsabian, 2023).

Automation of production processes and the transition to flexible employment formats

are changing the very structure of labor rights. In particular, the importance of individual

responsibility of employees is increasing, as well as the role of contractual regulation in

determining social guarantees. In such conditions, the issues of personal data protection,

working time regulation and the right to rest, which are increasingly violated in the virtual

environment, are gaining particular importance (Rosin, 2024; Yefrosenko, 2025; Spurk

& Straub, 2020). Changes in the digital economy are also exacerbating social inequality

since not all categories of workers have equal access to technology, resources and

opportunities for self-development. Workers in the gig economy often face the problem

of a lack of guarantees of stable income, pension provision and insurance protection. This

poses the task of legislators to find a balance between flexibility and job security, as well

as the formation of a universal legal model that can adapt to dynamic market changes

(Clausen et al., 2024; Li et al., 2025).

Therefore, the transformation of labor rights in the digital age is not just a technical or

legal adaptation, but a fundamental transition to a new philosophy of work, combining

autonomy, flexibility and social responsibility. Law should not just regulate these

processes, but also anticipate them, creating fair conditions for all participants in labor

relations (Petitta & Ghezzi, 2025; Panchenko, 2025).

The global digitalization of the economy and the spread of hybrid work formats have

necessitated a profound transformation of labor law. The European Union member states,

as well as the United Kingdom, Canada, and Ukraine, have different approaches to

defining the right to remote work and flexible working hours, forming the legal status of

gig economy workers, and institutional control over compliance with labor guarantees.

Despite differences in legislative approaches, the general trend is the desire to combine

economic flexibility for employers with social stability for workers. As the analysis

presented in Table 1 shows, most countries are gradually shaping policies to balance

employee autonomy, digital monitoring and labor rights guarantees.

The comparison shows that the legislation of leading countries is gradually converging in

the understanding of flexibility as part of the right to decent work. European standards

are aimed at ensuring a balance between professional and private life, the United

Kingdom – at simplifying procedures for employees, Canada – at institutional protection

of requests, and Ukraine – at the gradual implementation of these standards within the

framework of national labor law. Such an analysis outlines the directions for improving

Ukrainian legislation to harmonize with international approaches.

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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

417

Table 1. International approaches to regulating remote employment and employees’ right to

flexibility

Jurisdiction

Right to flexible working

hours/request

Legal status of gig

economy/platform

workers

Institutional

mechanisms for

control and

protection of rights

European

Union

Directive (EU) 2019/1158

Work-Life Balance guarantees

the possibility for employees

to request flexible working

hours, remote work or

individual schedules. Member

States adapt the rules in

national law.

The new Directive

(EU) 2024/1231 on

platform work

introduces a

presumption of an

employment

relationship if the

platform controls the

work.

Platforms are

required to ensure

transparency of

algorithms, inform

employees, and

guarantee human

oversight of

automated decisions.

Great Britain

The Employment Relations

(Flexible Working) Act 2023

gives employees the right to

make requests for flexible

working twice a year, and the

employer must respond within

two months.

Case law recognizes

platform employees as

workers (Uber v

Aslam case), which

guarantees minimum

pay and social

benefits.

In 2025, employers’

obligations to verify

the right to work

(Right to Work

Checks) in the gig

sector were

expanded.

Canada

The Canada Labor Code

allows a written request to

change a schedule or location

after 6 months of

employment; a response is

provided within 30 days.

Consultations are

underway to expand

the rights of gig

workers and create a

special status in

federal legislation.

Labor standards are

monitored by

inspectorates; there

is protection against

retaliation for

requesting flexibility.

Ukraine

Articles 60–60-2 of the Labor

Code regulate remote and

home work; during martial

law, remote work is permitted

for parents of children under

14 years of age.

The gig economy is

not regulated by a

separate law;

employees mostly

work under civil law

contracts.

Control is carried out

by the State Labor

Service and the

courts; employers

are required to

conclude a written

contract on remote

work and adhere to

labor guarantees.

Source: compiled by the author based on (Accace, 2024; Canada.ca, 2024a; Canada.ca, 2024b;

European Parliament & Council of the European Union, 2024; European Commission, 2019;

Fisher Phillips, 2024; First Advantage, 2025; Shapiro, 2025; UK Parliament, 2023;

World Economic Forum, 2023).

The methodological basis of the research is based on a comparative analysis of statistical

and sociological data obtained from open international sources. The basis includes

analytical reports of the OECD (2021; 2023), meta-analyses published in the PubMed

Central database (World Health Organization, 2023), as well as empirical studies devoted

to the gender and social aspects of remote work (Castro-Trancón et al., 2024; Matthews

et al., 2022). For comparison purposes, data from over 2,000 respondents from across

OECD countries, 27 studies included in a WHO systematic review, and a meta-analysis

of 22 papers on the gender dimension of remote work published in 2020 – 2024 were

used.

Data collection and selection were carried out according to the criteria of reliability,

openness and representativeness. Only official statistical and scientific publications with

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

418

verified peer review were included in the analysis. To calculate the average indicators,

standardized indices were used: level of psychological distress (in %), average score of

life satisfaction (scale 0–10) and index of “work-family” conflict (0–100 points).

Calculations were made taking into account the gender factor and form of employment

(flexible or office). The results obtained are presented in Table 2, which summarizes the

key quantitative trends.

Table 2. Comparative indicators of well-being and psychological safety of employees, taking into

account gender and form of employment

Group / Indicator

Proportion with

psychological

distress (%)

Life satisfaction

(scale 0–10)

Work-family

conflict index

(0–100)

Women,

remote/flexible work

22.37 %

6.81

57.24

Men, remote/flexible

work

14.92 %

7.15

48.79

Women, office

(traditional)

18.55 %

6.25

52.61

Men, office

(traditional)

11.30 %

6.90

45.33

Source: compiled by the author based on (Castro-Trancón et al., 2024; Matthews et al., 2022;

OECD, 2021, 2023; WHO, 2023).

The results show significant differences in the perception of remote work by different

social groups. Women who work in a flexible employment format are more likely to report

increased emotional tension, fatigue and difficulties in maintaining a balance between

work and family responsibilities (Castro-Trancón et al., 2024). Men, on the other hand,

evaluate flexible conditions more positively, demonstrating higher levels of life

satisfaction and lower levels of distress (Matthews et al., 2022). At the macro level,

according to OECD (2023), teleworking increases overall productivity, but at the same

time poses a threat of erosion of psychological safety, especially in the absence of

adequate organizational support. According to WHO (2023), the risk of burnout among

workers who work from home for more than 35 hours per week increases by almost 28%.

Thus, flexible working models require the integration of mental health policies, workload

management and social support within the framework of organizations’ work strategies.

Only under such conditions can teleworking become a source of sustainable professional

well-being, rather than a factor in its undermining.

A comparative study of the proportion of workers from various social groups by type of

job was conducted in order to better understand the effects of remote and flexible

employment on professional well-being. Figure 1 shows the ratio between women and

men working remotely or in a traditional format. This distribution allows us to identify

gender-specific characteristics of participation in new forms of work and potential socio-

psychological risks associated with them.

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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

419

Figure 1. Distribution of employees by employment form and gender in the context of remote

and traditional work

Source: compiled by the author based on (Castro-Trancón et al., 2024; Matthews et al., 2022;

OECD, 2021, 2023).

As shown in Figure 1, the largest share is made up of women employed in remote or

flexible work arrangements – 33%. This indicates the active involvement of women in

remote employment, driven both by the desire for a balance between work and family

responsibilities and the need for greater time autonomy. The second largest group is

women working in a traditional office format – 28%, which demonstrates a gradual but

steady change in the employment model among women in favor of remote work. Men

make up a smaller share of remote or flexible work – 22%, but it is this group, according

to OECD (2023) and Matthews et al. (2022), that demonstrates higher life satisfaction

and lower levels of psychological distress. The lowest proportion is among men working

in a traditional format, at 17%, which may reflect the persistence of conservative

approaches in certain industries or a preference for stable jobs over flexible

arrangements. The overall pattern shows that women are more likely to adapt to remote

work formats, while men are more likely to remain in traditional office formats. This ratio

may be a consequence of gender differences in household responsibilities, social

expectations and employment flexibility practices (Castro-Trancón et al., 2024; OECD,

2021). Thus, there is a pronounced gender imbalance in the structure of remote

employment, which requires the development of public and corporate policies aimed at

reducing the burden on women, ensuring equal access to resources and creating

favorable conditions for the psychological well-being of all categories of workers.

33%

22%

28%

17%

Women, remote/flexible work

Men, remote/flexible work

Women, office (traditional)

Men, office (traditional)

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

420

In the current context of digital transformation of work, remoteness and automation of

work processes give rise to a whole range of legal problems and risks. In particular, the

issues of collective responsibility, control of working time, protection of personal data

and legal liability of the parties to the employment relationship are becoming particularly

acute. Table 3 provides a systematic overview of the key legal challenges and possible

mechanisms to counteract them (see Table 3).

Table 3. Legal challenges of remote work and digitalization: areas of risk and possible

institutional responses

Direction /

Risk

Problems / Areas of

uncertainty

Potential legal

solutions/control

mechanisms

Comments /

restrictions

Collective

responsibility

and labor

solidarity

In remote conditions,

the cohesion of the work

team weakens; the

boundaries between

personal initiative and

collective norms become

blurred.

Introduction of electronic

participation platforms,

mechanisms of “virtual

workers’ councils”,

collective agreements

covering remote work

The relevance of

collective forms is

decreasing in

individualized work

models; the need for

coordination with

local law

Time and

productivity

control

Using monitoring

programs, screen

recording, activity

tracking – the risk of

excessive surveillance

Legislative restrictions on

monitoring (only during

working hours, with the

employee’s explicit

permission), “right to

disconnect” policies,

transparency of

algorithms

Monitoring can be

privacy-invading; it is

important to balance

efficiency and rights

(Worklytics, 2025)

Personal data

protection and

privacy

Increased risk of

information leakage,

unauthorized access to

data, unsafe

communication channels

Obligation to encrypt

communications, limit

data collection to the

minimum necessary,

informed consent,

security audit

Violation of GDPR or

similar regulations

can result in

significant penalties

(Jackson Lewis:

Privacy Pitfalls, 2025)

Legal

responsibility

of the parties

Unclear definition of

liability boundaries:

where does the role of

platform/employer/empl

oyee end?

Contract terms with clear

delineation of liability,

force majeure clauses,

cyber risk insurance

In case of conflicts,

case law or

precedents are

needed for

interpretation

Formal

recognition of

employment

status

Platforms seek to

classify workers as

independent contractors

to avoid employment

obligations

Presumption of

employment status,

strong legislative

regulation, application of

control tests (as in the

EU)

Contractor protection

is weak, increasing

the risks of evasion of

obligations

The right to

disconnect

Constant availability,

waiting for answers

outside of working

hours, blurring of

boundaries

Legally enshrining the

right to “not be in touch”

outside working hours –

as a supplement to

working hours laws

Some countries have

already enshrined

this right by law or

through contracts

(right to disconnect)

Source: compiled by the author based on (Ray & Pana-Cryan, 2021; Mamaysky & Lister, 2021;

Rosin, 2024; European Parliament & Council of the European Union, 2024; Shapiro, 2025; Petitta

& Ghezzi, 2025; Li et al., 2025; Panchenko, 2025)

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

421

The analysis of legal challenges demonstrates that remote and digital work activities

challenge traditional mechanisms of employee protection. Collective responsibility is

weakened as workers are spatially distributed and organizational structures lose their

coordinates. Time control becomes more aggressive through the use of monitoring, which

can cross the line of privacy if not legally limited. Personal data protection requires

increased standards – encryption, data minimization, consent and transparency. Legal

responsibility is becoming ambiguous: platforms, employers and workers themselves

enter into new interdependent lines of responsibility that need to be clearly recorded in

contracts. In addition, classic approaches to classifying workers as “employee” or

“contractor” are proving insufficient, which facilitates the abuse of classification. Finally,

the right to “disconnect” is becoming a moral and legal issue, because without clear

boundaries, technological labor activity absorbs personal space.

Improving Ukrainian labor legislation in the digital economy should be based on a

combination of flexibility and social responsibility of the state towards employees. First

of all, it is advisable to implement European approaches enshrined in Directive (EU)

2019/1158 on Work-Life Balance and Directive (EU) 2024/1231 on Platform Work, which

define the employee’s right to flexible working hours, remote employment and

transparent working conditions. Ukrainian legislation needs to introduce a presumption

of employment for platform workers, legal regulation of algorithmic management, and

enshrine a “right to disconnect” to protect workers from overload. It is important to

create mechanisms for collective representation of workers in digital environments, which

will ensure equal access to negotiations and social protection regardless of the form of

employment.

The second key line of modernization should be the development of a flexible

employment system combined with decent work guarantees. It is necessary to develop

standard contracts for remote work, which provide for a clear definition of the obligations

of the parties, working hours, responsibility for technical risks and personal data

protection. It is also important to introduce tax and social incentives for employers who

officially register remote workers, and for employees – the possibility of voluntary

payment of social contributions from gig contracts. Harmonization with European

standards should be accompanied by updating approaches to state supervision of remote

work conditions, integration of the principles of gender equality, inclusion and non-

discrimination in the digital environment, which will contribute to the formation of a fair,

safe and sustainable labor market.

Discussion

The research results confirmed that the digitalization of employment relations leads not

only to increased flexibility and productivity of employees, but also creates a number of

legal, psychological and social challenges. Analysis of data from OECD (2021, 2023) and

WHO (2023) showed that remote work has a positive impact on efficiency and work-life

balance; however, as Matthews et al. (2022) note, it also increases psychological

distress, especially among women. These findings are partly in contrast to Petitta and

Ghezzi (2025), who interpret flexible working as a factor in increasing life satisfaction

and motivation. It can be assumed that this difference is due to the social policy context:

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 410-426

Shifting Paradigms of Labor Rights in the Context of Flexible and Remote Employment

Maryna Kuznetsova, Lidiia Karpenko, Danylo Kravtsov, Olha Tykhoniuk, Maryna Smoliarova

422

in countries with strong employee support systems (e.g., in the EU), the negative effects

of remoteness are compensated institutionally, while in countries with less developed

work infrastructure, they are more pronounced.

The legal status of gig economy workers remains a matter of debate. Some authors

(Katsabian, 2023; Mahadevan et al., 2025; Hsieh et al., 2023) believe that maintaining

flexibility requires reducing regulatory pressure, while others (European Parliament &

Council of the European Union, 2024; Shapiro, 2025) emphasize the need to strengthen

the presumption of employment relationships to avoid exploitative practices. The results

of the study confirm the second position: only the formalization of legal status can ensure

a fair distribution of responsibilities and guarantees. Thus, the experience of the EU and

the United Kingdom (UK Parliament, 2023; World Economic Forum, 2023) should become

a guideline for Ukraine in forming its own system of flexible labor regulation.