Detection of hidden labor relations in Ukraine: the practice of the Supreme Court

Labor Law
Myroshnychenko Anastasia
17.05.2021
Law Services - Detection of hidden labor relations in Ukraine: the practice of the Supreme Court

 

    The decision of the Supreme Court of Ukraine of 08.05.2018 in case № 127/21595/16-ts defines the main criteria for distinguishing between contractual and employment relations.

From labor, is that labor legislation regulates the process of organization of labor activity. The purpose of the JRS is to obtain a certain material result.

    The contractor, unlike the employee:
1. is not subject to internal labor regulations;
2. organizes its work and performs it at his own risk.

    But under the employment contract the employee is obliged to perform not some individually defined work, but work in a certain one or more professions, specialties, positions of appropriate qualification, to perform a certain employment function in the enterprise.

An employment contract is an agreement on the implementation and provision of employment. After the completion of the specified task, employment is not terminated.

    The subject of the employment contract is the actual work of the employee in the production process, while the subject of the contract is of a civil nature.
We think that such criteria are quite vague and lack clarity, but it’s definitely better than nothing!

Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021