Differentiation of Labor and Civil Legal Relations

Abstract

The authors analyze the points of view of scientists and practitioners on the differentiation of labor and civil legal relations. The conclusion is made: labour and civil legal relations, both in the XIX and in the XXI centuries, must be distinguished by objective criteria. In cases of fake transactions, for example, civil contracts or paid services, it is theoretically more reasonable to apply to the court with claims about the application of the consequences of the invalidity of fake transactions (paragraph 3 of Article 166 of the Civil Code of the Russian Federation) and the conclusion of an employment contract from the moment of the actual occurrence of labor relations (paragraph 5 of part 2 of Article 16 of the Labour Code of the Russian Federation), indicating the mandatory terms of the employment contract (part 2 of Article 57 of the Labour Code of the Russian Federation)