Interaction of Civil and Employment Contracts
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Abstract
Concept of „contract” is as important in the employment sphere as it is in the sphere of civil relations. For years employment relations were regulated by the norms of civil law and employment contract was held to be just a variety of civil contracts. In the 19th century the situation changed in all the European states. A tendency was to distinguish work performed according to employment contracts and work according to civil contracts. As long as employment relations were based on civil law or its particular provisions (civil or common law) there was no need to make a distinction between these two types of contracts.
Sudden changes in the world economy causing increase in competition and decrease in employment brought into labour world some novelties taking form of a certain amalgamation of civil and employment legal relations.
There is a theoretical and practical need to make a clear distinction between civil and employment contracts. Imperfection of laws and their internal contradictions cause even a greater confusion. Property relations quite often get mixed with employment functions, which makes it difficult to distinguish them. There are certain subjects who are at the same time owners, organisers of work process and employees, for example, agricultural companies or farmers. A certain deal of uncertainty is caused by the state tax policy as in order to attain the aim of collecting substantive revenue to the budget, employment relations tend to be found whereas they do not exist at all.
One could often hear the urge to prohibit or restrain the possibility to use civil legal forms of work such as contract for services or assignment contract, however, this would be contrary to the needs of market economy and its essence.
Processes of integration between various branches of law are being observed lately. The norms of various branches of law seek to find a common regulation principle rather than to enter into conflict with each other.
The article deals with the common concept of civil and employment contracts, their principles, as well as comparative analysis of formation and dissolution of contracts, contractual liability of the parties. The author seeks to formulate criteria aimed at helping distinguishing employment and civil contracts.
Sudden changes in the world economy causing increase in competition and decrease in employment brought into labour world some novelties taking form of a certain amalgamation of civil and employment legal relations.
There is a theoretical and practical need to make a clear distinction between civil and employment contracts. Imperfection of laws and their internal contradictions cause even a greater confusion. Property relations quite often get mixed with employment functions, which makes it difficult to distinguish them. There are certain subjects who are at the same time owners, organisers of work process and employees, for example, agricultural companies or farmers. A certain deal of uncertainty is caused by the state tax policy as in order to attain the aim of collecting substantive revenue to the budget, employment relations tend to be found whereas they do not exist at all.
One could often hear the urge to prohibit or restrain the possibility to use civil legal forms of work such as contract for services or assignment contract, however, this would be contrary to the needs of market economy and its essence.
Processes of integration between various branches of law are being observed lately. The norms of various branches of law seek to find a common regulation principle rather than to enter into conflict with each other.
The article deals with the common concept of civil and employment contracts, their principles, as well as comparative analysis of formation and dissolution of contracts, contractual liability of the parties. The author seeks to formulate criteria aimed at helping distinguishing employment and civil contracts.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
