| Popis: |
The author has chosen the problem of differentiation of civil law and labour contract and the peculiarities of their application in practice in conditions of atypical employment of a certain part of the population as the object of research. The problem considered by the author acquires a completely new understanding in the light of the development of market relations and the emergence of atypical forms of employment. The objective of the study is to identify controversial provisions in the distinction between civil law and labour contracts in the context of the development of atypical forms of employment in Russia. The article is based on such methods of scientific research as comparative-legal, system analysis, formal-legal, and statistical. Distinguishing between civil law and labour contracts, the author draws attention to the fact that the inclusion in the Labour Code of the Russian Federation of norms regulating the work of the self-employed, who have formalized relations with the client under a civil law contract, may violate the unity of labour law, which, although it establishes the specifics of regulating the work of certain categories of workers, but in general applies to absolutely all employees under employment contracts. It seems that the status of the self-employed needs a more thorough legislative elaboration, which will allow, firstly, to increase the level of social protection of this category of citizens, and, secondly, to create conditions for further reduction of the level of informal employment in Russia. The author states that the legal status of the self-employed is poorly developed, which currently gives rise to a huge number of questions in practise. Analysis of court practise clearly demonstrates the fact that Russian courts still do not have a unified approach to resolving disputes on the reclassification of civil-law relations into labour relations |
