Vol. 7, No 1: 101–106.

Jurisprudence

2022

Scientific article

UDK 347.4, 349.2

pdf-version

Anastasiya Skobeleva
magistracy, Petrozavodsk State University
(Petrozavodsk, Russian Federation),
a.novikova93@mail.ru

The specifics of recognizing labor relationship in case of concluding a civil law contract

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.
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

For citation: Skobeleva, A. The specifics of recognizing labor relationship in case of concluding a civil law contract. StudArctic forum. 2022, 7 (1): 101–106.

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