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Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 60)

Publication Date:

Authors : ; ;

Page : 40-47

Keywords : employment contract; legal nature of employment contract; legal nature of gig-contract; civil law contract; gig-contract; gig-worker;

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The article is devoted to the research of the gig-contract as the newest form of contractual regulation in using the hired labor. The correlation of labor and gig-contracts was analyzed according to their essential characteristics, such as the parties, the form of the contract, the term of validity, the procedure for documenting, the workplace, the content, the grounds for terminating the contract, working hours, irregular hours, rest breaks, wages, social guarantees etc. It was found that the gig-contract contains features of both a «classical» labor contract and a civil law one. In the field of introducing gig-contracts, legal definitions are used, which are generic for characterizing labor relations. The characteristics of labor relations proposed by the International Labor Organization were considered. It is substantiated that the performance of work on the basis of a gig-contract corresponds to the characteristics of labor relations. It was concluded that the gig-contract is classified as a type of civil law contract without sufficient theoretical and legal grounds. Instead, it is proposed to consider this type of contract as a special type of labor contract. The possibility of applying the contractual form of the employment contract when hiring an employee by a resident of Diya City is based on the subjective decision of the employer. The unevenness in determining the working conditions of Diya City resident employees is obvious. Under such conditions, the principle of equal rights and opportunities of employees is violated.

Last modified: 2023-03-16 17:17:58