What is the difference between civil law and employment contracts?

1. According to the first part of Article 21 of the Labor Code of Ukraine, an employment contract is an agreement between an employee and an owner, according to which the employee undertakes to perform the work specified in this agreement, to comply with internal labor regulations, and the owner undertakes to pay wages 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. That is, an employment contract is an agreement regarding the implementation and provision of a labor function. 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.

2. During the conclusion of the employment contract, the employee is obliged to present the employment book and passport or other identity document. Persons who are looking for a job for the first time and do not have an employment book must provide a passport, diploma or other document about education or professional training. Minors under the age of sixteen shall submit a birth certificate instead of a passport.

To conclude a civil law agreement, it is enough to present a passport.

1. An employment contract and a civil law contract have different subjects of regulation. Yes, under an employment contract, an employee is obliged to perform not some individually defined work, but work from one or more professions, specialties, positions with the appropriate qualification. Moreover, labor activity does not stop after the completion of any specific task. The subject of civil legal relations is the very result of work. Therefore, civil-legal contracts are used to perform one-time specific work aimed at obtaining labor results, and if this goal is achieved, the contract is considered fulfilled and its effect is terminated.

2. In labor contracts, labor is paid in various forms precisely for the employee's performance of a labor function in the production team, depending on the quantity and quality actually spent. Civil law contracts provide for a different payment procedure. Thus, under a subcontract, the final result of the contractor's work is paid, under an assignment contract - the performance of an individual specific task, under an author's contract - the completion of an order for the creation of any specified work within the specified time.

3. *Labor legislation provides certain guarantees to a person employed under an employment contract. Thus, the employer is prohibited from unreasonably denying a person employment; any direct or indirect restriction of rights or establishment of advantages during hiring due to circumstances not related to the employee's business qualities is not allowed (non-discrimination); the employee has the right to annual leave and other labor and social welfare benefits and advantages.

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