SOME ISSUES OF THE CORRELATION OF EMPLOYMENT AND CIVIL LAW CONTRACT

The article analyses the correlation between the employment contract and civil law contracts related to work. Common features between labour and civil law contracts have been studied. It was noted that the International Labour Organization determines that the main criteria for distinguishing labour relations from similar other relations related to work are "subordination" and dependence." The author compared the common features of the employment contract and the civil law contract as the forms of realization of the right for work, revealed the fundamental differences between labour and civil law contracts related to work, analysed the judicial practice regarding the application of labour and civil law contracts in the implementation of the right for work by citizens of Ukraine in present conditions. Taking into account the legislation and judicial practice, the correlation between the employment contract and civil law contracts related to work was determined, taking into account the introduction of flexible forms of work into the labour legislation of Ukraine. An employment contract with non-fixed working hours is analysed as a special type of employment contract, the terms of which do not establish a specific time of work performance, the obligation of the employee to perform work that arises only in the case of its provision by the employer, without guaranteeing that such work will be provided constantly, but in compliance with the conditions of payment of labour stipulated by the Labour Code. Attention is focused on the peculiarities of the labour contract on remote work, which was introduced into the labour legislation with the beginning of the pandemic, and then with martial law. The simplified regime for the regulation of labour relations in the field of small and medium-sized enterprises under martial law is highlighted, which allows the parties to the contract to take into account additional rights and obligations, which brings this type of contract closer to the civil law, but at the same time benefits and guarantees provided for by labour legislation for an employee are preserved. The peculiarities of the work of domestic workers, in whose employment contract the parties independently agree on keeping accounting documentation, additional grounds for dismissal at the initiative of the employer, the employee's voluntary participation in social insurance, etc., were studied. The author concluded that the employment contract in modern conditions retains its social nature and cannot be replaced by civil law labour contracts. At the same time, the use of flexible forms of work excludes some traditional features of the employment contract while preserving all social guarantees for employees. Since judicial practice shows that when using different forms of work, difficulties arise in distinguishing labour relations from civil law, the author emphasized the priority determination in favour of labour relations and proposed to include this provision in the labour legislation of Ukraine. Keywords: employment contract, civil law contracts related with remote work, employment contract with non-fixed working hours, remote work.