Intersectoral Re-qualification of Contracts: Recognition of Labor Relations Associated with the Use of Personal Labor and Arising on the Basis of a Civil Law Contract (Practice of Courts of General Jurisdiction and Arbitration Courts)

Abstract

The article analyzes the latest changes in legislation and judicial practice of courts of general jurisdiction and arbitration courts in disputes on the recognition as labour relation those relations arising on the basis of a civil law contract, and also in disputes on the intersectoral reclassification of contracts. Arguments are given in favour of the position on the consideration of disputes on challenging the decisions of the Social Insurance Fund on the reclassification of civil contracts for labour contracts exclusively by courts of general jurisdiction; arguments are given regarding the clarification of the actual will of the parties when registering relations, and also about the need to amend the resolution of the Plenum of the Supreme Court of the Russian Federation regarding the indication that the existence of an employment relationship is determined on the basis of facts confirming the performance of work and payment of remuneration to an employee, and when the court interprets the contract, preference is given not to the formal side of the contract and the literal meaning of words and expressions, but to the actual will of the parties, which is implemented in the relations that have actually developed between the parties.