Scientific adviser: Roman V. Tumanov
Reviewer: Anastasia A. Shljamina
Paper submitted on: 02/26/2022; Accepted on: 03/16/2022; Published online on: 04/05/2022.
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Abstract. Currently, the correctness of their registration plays a special role in the registration of relations for the performance of work between a citizen and an employer. Both labor and civil law contracts can be concluded between a citizen and an employer. Sometimes the employer, as a stronger party, does not give the right to choose to the other party and enters into a contract or service contract with an individual. Having concluded such contracts, there is a recognition of the actually existing labor relations. In this regard, it is necessary to conduct a qualitative study of the employment contract, comparing it with the contract and the contract for the provision of services, while considering the practical significance of these contracts and the problems in their differentiation. Based on the methods of an integrated approach to the study of labor law, as well as civil law in the framework of labor-related relations, it should be concluded that when settling disputes between a citizen and an employer on the recognition of formed legal relations as labor or civil law, it is necessary to take into account whether there were actually signs of labor relations and an employment contract.
Keywords: employment contract, civil law contract, work contract, paid services contract, employee, employer, customer, contractor, performer
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References
The Civil Code of the Russian Federation (part two) of 26.01.1996 No. 14-FZ (ed. of 22.11.2021) // Collection of Legislation of the Russian Federation. 1996. No. 5. art. 410
Klimova M.A. Contract with a citizen: civil or labor? We qualify and tax correctly // Tax policy and practice. 2019. No. 10. (202). pp. 50-57.
The Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ (ed. 22.01.2022) // Rossiyskaya Gazeta. 2001. № 256.
Tax Code of the Russian Federation of July 31, 1998 N 146-FZ (ed. 29.11.2021) // Collection of Legislation of the Russian Federation. 1998. No. 31. St. 3824.
The Labor Code of the Russian Federation No. 197-FZ of 30.12.2001, as amended. Feder. Law of 09.03.2021 N 34-FZ // Rossiyskaya Gazeta. 2002. No. 256.
Tumanov R. V. On the question of the relationship of an employment contract with some civil law contracts. // Justice. 2016. No. 1. pp. 88-93.
Federal Law No. 421-FZ of December 28, 2013 "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law "On Special Assessment of Working Conditions" (ed. 06/28/2021) // Official Internet Portal of Legal Information. Access mode: www.pravo.gov.ru (accessed: 02/18/2022).