FREELANCE AND GIG CONTRACTS: LEGAL STATUS, RIGHTS PROTECTION AND CHALLENGES OF MODERN REGULATION IN UKRAINE

Abstract

This article presents a comprehensive study of the legal status of freelancers and gig workers in Ukraine, analyzing key problems in the protection of their rights and formulating proposals for improving current legislation. The research analyzes current statistical data demonstrating rapid growth in the number of freelancers in Ukraine to 904 thousand people in 2024, representing a 14.4% increase compared to the previous year. Special attention is paid to the fact that over 354 thousand Ukrainians chose freelancing after the beginning of the full-scale war, highlighting the importance of this form of employment during crisis conditions. The study reveals critical gaps in current Ukrainian legislation, particularly the absence of legal definitions of “freelancer,” “gig worker,” and “platform employment” in the Labor Code of Ukraine. The research analyzes the problematic nature of qualifying labor relations when actual signs of an employment contract are masked under civil law constructions, creating a situation of “disguised employment relationships.” Special attention is given to analyzing attempts to regulate gig contracts within the special legal regime of “Diia City,” which has a limited character and does not solve systemic problems. The article thoroughly examines problems of social protection for freelancers, including lack of access to mandatory state social insurance, pension provision issues, and mechanisms for collective representation of interests. Statistical data is analyzed showing that three-quarters of online workers do not make contributions to the pension system, creating long-term social risks. A significant portion of the research is devoted to analyzing international experience, particularly the recently adopted EU Directive 2024/2831 on improving working conditions in platform work. Key innovations of the European approach are examined, including employment presumption for platform workers, algorithmic management regulation, and social protection guarantees. The experience of individual EU countries, particularly France, Spain, and Germany, in creating special legal regimes for gig workers is analyzed. Based on research results, specific recommendations for improving Ukrainian legislation are formulated, including the need to adopt a special law “On Platform Employment,” modernize the social security system, and create mechanisms for collective representation in non-standard forms of employment. The study emphasizes that in conditions of martial law and post-war reconstruction, flexible forms of employment can become an important tool for economic recovery, but this requires creating an appropriate legal environment that stimulates the development of the digital economy while ensuring adequate protection of workers’ rights. The research concludes that delays in reforming legal regulation threaten not only Ukraine’s loss of leadership positions in the global gig economy but also deepening social inequality and the formation of a new class of “digital precariat” – workers deprived of stability and social guarantees.