LEGAL QUALIFICATION OF LABOR CONTRACT AND CONTRACT OF MANDATE (SERVICE COTRACT) WHEN CHECKING LEGALITY OF DEFAULT JUDGEMENT

Abstract

Freedom of labor is a constitutional human right. The state protects it by fulfilling positive and negative obligations. Due to the specifics of labor relations, the principle of subordination is one of the basic principles that apply in labor law. Accordingly, the employee is subordinate to the employer and directly obeys the rules and conditions set by him. The parties of the Contract of Mandate (Service Contract) are the mandator who gives an assignment to the mandatary and the mandatary who is obliged to perform mandated actions. It is often difficult to find the difference between the contract of the mandated employment agreement. No. AS-953-2020 decision of the Chamber of Civil Cases of the Supreme Court of Georgia, issued on April 2, 2021, regarding the above-mentioned issue sets precedent, both in the case’s procedural history and in the legal complexity and reasoning, which is undoubtedly distinguished from the previously set practice. What makes this case special is the fact that, from a procedural point of view, the case went through the second and third instances twice. In addition, a repeated default (absentee) judgment was appealed, the legal legitimacy of which is the main focus of the legal proceedings of the courts. Accordingly, this article will assess the factual circumstances related to the legal dispute and the grounds and motivation for the decision made by the relevant court. Also, special attention will be drawn to the decision made by the Supreme Court and the decision will be assessed in the context of whether the judge applied the law he was supposed to apply or the law that he was not supposed to apply and whether or not he misinterpreted the law. It also determines which method of resolving a hard case was used by the judge