HUMANITARIAN RESEARCHES

Journal of fundamental and applied researches

Правовые механизмы выявления отличительных особенностей трудовых и гражданских правоотношений

2013. №1, pp. 131-138

Korablina Olga V. - Candidate of juridical science, Astrakhan State University, 414056, Russia, Astrakhan, 20a Tatischev st., korablina1975@mail.ru

In the theory and in the practice there were made many efforts to develop universal criteria of distinguishing labor and civil law relations. However, the constant economic development, new technologies and connected to it emergence of new forms of work and kinds of relationship between employers and employees (eg "on-line" working, staff leasing) now do all these boundaries more fuzzy. The main distinguishing features of civil and labor relations are identified in a scientific publication suggested by the author. Despite the criteria observed in the article, it’s cannot but note the difficulty in distinguishing labor contracts from civil law due to the availability of similar features on the subject, the rights and duties, and other elements. This fact allows the courts more effectively protect the rights and interests of persons who are in an employment relationship with the employer.

Key words: employment agreement,a civil law contract,labor relations,civil matter,the parties of labor relations,the criteria for distinguishing labor and civil relations

Read