LABOR RELATIONS AND CIVIL TRANSACTIONS: FREEDOM OF CONTRACT UNDER DURESS

Abstract

Modern conditions of labor market dynamics
lead to the need to change the traditional approaches
to the normative regulation of wage labor relations.
New flexible forms of employment appear, the list of
modern professions is updated and supplemented in
accordance with global trends in the field of
communications and IT technologies. It is clear that
the normative regulation of relations in the world of
work does not always have time to transform in order
to meet the urgent needs of society. One of such
areas, in which the legislation requires analysis and
changes, is the establishment of the fact of the
existence of labor or civil relations using hired labor.
The article is devoted to the analysis of
theoretical provisions and practice in disputes
regarding the improper registration of labor
relations or the replacement of labor relations with a
civil contract. An attempt was made to establish a
balance between the presumption of labor relations
and freedom of contract, the ways of reducing the
number of disputes between employers and the
bodies of the State Service of Ukraine on labor
issues, protecting the labor rights of workers and
reducing the abuse of powers of labor inspectors
were identified.
The main evidence of concealment of
employment under a civil agreement should be the
relevant evidence or explanation of the individual
that he perceives the relationship with the business
entity as employment, not civil. Accordingly, if a
person has evidence of his or her conscious will to
enter into a civil agreement, this should be taken into
account. The employee has the right to freely choose
the form of employment. Otherwise, there will be
violations of the principles of freedom to conclude a civil contract.
Key words: freedom of contract, concealment of labor relations, balance between the presumption of labor relations and freedom of contract, abuse of the powers of labor inspectors.