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Relationship between employment contract and civil law

Content: ВКР-Соотношение-трудового-договора с гражданско-правыми договорами о труде-5.rar (87.59 KB )
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Description

  • CONTENTS
  • 1.2. Concept and signs of the service agreement..
  • 2. Relationship between the employment contract and civil law contracts
  • 2.1 The similarity of an employment contract with civil law contracts
  • 2.3. Problems of delineating the employment contract with
  • Conclusion

Additional information

  • Introduction

  • The relevance of the study of the problems associated with the legal regulation of labor relations, including the problem of the relationship of the employment contract with other employment contracts, including civil law contracts is the place and role of the employment contract in modern social relations.
  • The relevance of the study of the topic of this work is also determined by the specifics of current Russian legislation, in particular the fact that Russian legislation, unlike some foreign countries, does not contain signs of employment relations. As a result of the lack of normative consolidation of the signs of labour law relations, they have to be identified doctrinally, which cannot but affect the quality of law enforcement.
  • In addition, it should be said that the quality of regulatory regulation, and thus the protection of the rights and interests of participants in public relations depends on the clarity and certainty of legal concepts that entail unambiguous legal interpretation. In view of what is extremely important is the identification of problems of legal regulation of the restriction of the employment contract and other labor agreements.
  • It will be interesting also within the limits of the present work to analyse new forms of regulation of labour legal relations connected with so-called remote employment and to investigate a problem of differentiation of the labour contract and adjacent forms of realization of labour legal relations in developed foreign countries.
  • The object of the present research is public relations in the field of legal regulation of labor legal relations in the form of an employment contract and conducting delimitation of it from other forms of labor regulation.
  • The subject of the work is the legal norms of the labor legislation of Russia, primarily the Labor Code of the Russian Federation, as well as legal norms of the Civil Code of Russia, which regulates other legal relations related to labor.
  • The purpose of this study is to conduct a comprehensive analysis of the concept and features of an employment contract and to identify its similarities and differences with civil employment contracts.
  • In order to achieve the above goal it is necessary to solve a number of research tasks:
  • - To study the concept and features of an employment contract.
  • - To analyze the concept and signs of a billable contract of service provision.
  • - Define the concept and signs of a contract of employment .
  • - Analyze the similarity of an employment contract with civil law labor agreements.
  • - Identify the main differences between an employment contract and civil law labor agreements.
  • - Examine the problems of differentiation between an employment contract and civil law labor agreements.
  • The methodological basis of research is made up of dialectical method of scientific cognition, together with general scientific methods such as deduction, induction, analysis and synthesis.
  • The dialectical method of scientific cognition in the present research is used together with other methods, such as the analysis of properties and features of the object of research, systematically - structural, grammatical and functional method.
  • In addition, when writing this paper, the method of comparative jurisprudence and analysis of normative-legal acts, the study and generalization of court practice materials on the subject of the study are used.
  • This study consists of an introduction and conclusion, two chapters of the main text containing six paragraphs, as well as a bibliographic list.

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