LEGAL ANALYSIS OF A CIVIL-LAW CONTRACT IN LABOR RELATIONS: HISTORICAL BACKGROUND AND MODERN PRACTICE FOR USE IN THE WORK OF LEGAL CLINICS

Abstract

The article provides a comparative analysis of the legal nature of a civil contract and an employment contract. Research was conducted in the historical development of labor relations and contractual relations with signs of labor relations. On the basis of the analysis of historical prerequisites and modern judicial practice, practical aspects have been determined that will provide students who are participants of legal clinics and thus provide free legal assistance to various segments of the population, to form competences for determining the differences in types of contracts, to acquire the skills of contesting the facts of violation of the rights of employees, as well as to master practical means for choosing effective ways of protecting the rights of employees. Using the legal positions of the Supreme Court of Ukraine, legislative approaches to the field of using a civil law contract for the performance of works with signs of labor relations were analyzed. The theoretical basis of the distinction between labor and civil law contracts is determined, namely, the signs of labor relations and the essential conditions of civil law contracts are determined. The difference between the norms of civil law and the norms of labor law from the point of view of determining the responsibility of subjects of a civil law contract and subjects of labor relations is revealed. The advantages and disadvantages of using the legal constructions of an employment contract and a civil law contract in labor relations are analyzed. The prerequisites for the growth of the use of a civil law contract as a way of optimizing costs by employers and the spread of “hidden employment” have been studied, and the risks that exist for employees and the state have been determined. Recommendations have been developed for students – participants of legal clinics regarding the provision of consultations on the feasibility of concluding civil law contracts or employment contracts for the performance of a certain amount of work.