What is the difference between a civil law and an employment contract?

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26.06.2023 10:03 546

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Photo of lorina200215 Lorina Fedan

Civil law contract is an agreement between two or more parties aimed at establishing, changing or terminating civil rights and obligations. A civil law contract is one of the grounds for the emergence of binding legal relations.

Employment contract — a contract between an employee and an employer, institution, organization or body authorized by him (hereinafter the owner), according to which the employee undertakes to perform the work specified in this agreement subject to internal labor regulations, and the owner undertakes to pay the employee a salary and to ensure the working conditions necessary for the performance of the work provided for by the labor legislation, the collective agreement and the agreement of the parties.

Unlike an employment contract, a civil law contract is an agreement between two or more persons regarding the establishment, change or termination of civil rights and obligations.

An employment contract and a civil law contract have different subjects of regulation. Thus, under an employment contract, an employee is obliged to perform not some individually defined work, but work from one or more professions, specialties, and positions with appropriate qualifications. Moreover, labor activity does not stop after the completion of any specific task. The employee is obliged to perform any task of the employer that belongs to his work function according to the profession, specialty, position and qualification specified in the employment contract.

The subject of civil legal relations is the very result of work. Therefore, civil-legal contracts are used, as a rule, to perform one-time specific work aimed at obtaining labor results, and in the event of achieving this goal, the contract is considered fulfilled and its effect is terminated.

A person who works under a civil-legal contract does not have certain guarantees compared to a person who works under an employment contract.

26.06.2023 11:57

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