Workplace in the system of essential terms of the employment contract for remote work

The author conducts an in-depth analysis of scientific approaches to determining the essential conditions of an employment contract, focusing on the classification of T.V. Parpan, which divides them into essential-mandatory (established by law) and essential-initiative (agreed upon by the parties). This categorization is important for understanding the legal nature of employment relations, as it allows us to distinguish between mandatory elements of the contract and conditions that can be individualized at the request of the parties. Particular attention is paid to the differentiation of general and special conditions, which makes it possible to take into account the peculiarities of various forms of employment, in particular remote work, which is becoming increasingly widespread in modern conditions. The research covers the analysis of the legal nature of essential conditions, their correlation with the concept of «essential working conditions» and comparison with civil law regulation. The author emphasizes that the lack of a clear legislative definition of the list of essential terms of an employment contract in Ukraine leads to legal uncertainties, which complicates law enforcement and creates a risk of disputes between employees and employers. This is especially relevant in the context of remote work, where there is a need to regulate new aspects of employment as such, which were not previously taken into account in labor legislation. A separate section is devoted to the analysis of a typical form of an employment contract for remote work, approved by order of the Ministry of Economic Development, Trade and Agriculture of Ukraine. Special conditions are mentioned, such as regulation of working hours, determination of the place of performance of duties, material and technical support and communication mechanisms. These elements are of key importance for ensuring effective interaction between the parties to an employment contract for remote work. Particular attention is paid to the transformation of the concept of «workplace» in the context of remote work. It is emphasized that it loses its traditional static nature and acquires spatial flexibility, which requires a clear legal definition. The author analyzes the provisions of Art. 60-2 of the Labor Code of Ukraine, which defines remote work as the performance of labor duties outside the employer’s workplace, indicating the key role of information and telecommunication networks. The author examines the provisions of Art. 60-2 of the Labor Code of Ukraine, which regulate remote work as a form of performing labor functions outside the stationary workplace using information and telecommunication technologies. The key role of digital means of communication and organization of the work process, as well as the need to protect employee data at a distance, is emphasized.