CIVIL LAW AND LABOR LAW FUNCTION OF EMPLOYMENT CONTRACT

Abstract

The paper aims to review the relationship between the civil law and labor law functions of a contract of employment, as a typical contract of contract law. The use of this contract in the workplace milieu is not disputed if it supports the rational view that the number of legal bases that engage in work in one society is correlated with the actual (not declared) level of attainment of the principles of the right to work and freedom of work, as well as other principles on which the work and principles of business in that society are based. By presenting the civil law characteristics of this contract, and then adjusting them to labor requirements, the author seeks to determine the degree of realization of the logic of legal and practical, that is, whether legislative solutions are in the function of practical needs, determined by supply and demand for certain forms of labor in the labor market, in this the case for performing activities that are outside the activity of the particular employer. The work performed based on a work contract was envisaged by the laws on labor relations of the republics and provinces at the time of the Law on Associated Labor. Depending on the results they wish to achieve, how they are performed, and the mutual obligations of the contracting authority and the contractor, the work performed based on a work contract can be grouped into three groups, namely: 1) work at workers home, 2) homecraft and 3) contract work concluded under copyright regulations (work on the preparation of a copyrighted work). The contract of employment was also the legal basis for the independent performance of physical or intellectual work, as non-employment work.