Бумажный Электронный 50 руб.

Author: Dzhioev V.G.
CRITERIA OF DIFFERENTIATION OF LABOUR CONTRACT AND CONTRACTOR'S AGREEMENT FOR PURPOSE OF REGULATING LABOUR RELATION

Abstract
The article considers the issues of difference between a labour contract and a contractor's agreement, on the basis of which employers can establish relations with individuals. Given the significant characteristics of the employment contract and the contractor's agreement, in the framework of them it is possible to do the differentiation. Analysis of the contracts is given with consideration of the legal nature of civil contracts and employment agreements. The author presents the employment contract as an agreement within the framework of labour law, and not as the deal, and also indicate the consequences of such a definition. In the article the criteria by which one can recognize what kind of relationship exists between the parties, and consequently a contract adjusts these relations. The main criteria of differentiation of the labour contract and the contractor's agreement are: the subject and the purpose of the agreement, the term of the contract or the duration of the relationship, which had expected the parties at its conclusion, the regime of work, authority or independence of the legal relations of the parties.

Ключевые слова: трудовой договор и договор подряда; критерии отграничения трудового договора; подмена трудового договора договором подряда; последствия подмены трудового договора; трудовое соглашение и сделка.
Keywords: labour contract and contractual agreement , criteria for differentiation of labour contract, substitution of labour contract by contractual agreement, consequences of substitution of labour contract, labour agreement and deal.
Трудовое право и занятость