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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 39 No. 1, 2018.

Review article

https://doi.org/10.30925/zpfsr.39.1.14

CONTRACT OF EMPLOYMENT AND CONTRACT FOR SERVICES: THE SCOPE OF APPLICATION OF EMPLOYMENT LEGISLATION

Darja Senčur Peček orcid id orcid.org/0000-0003-2327-3127 ; Law Faculty University of Maribor, Maribor, Slovenia
Sandra Laleta orcid id orcid.org/0000-0003-2036-5886 ; University of Rijeka Law Faculty, Rijeka, Croatia

Full text: croatian pdf 533 Kb

page 411-453

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Abstract

There are different legal grounds on which the work for another person can be performed, whereas the legal status of persons performing work depends on the type of contract involved, namely civil law contract (e.g. contract of service) or contract of employment (when persons are in employment relationships). Labour law guarantees the protection of workers who are, due to their subordination to and economic dependence on the employer, the weaker contracting party in employment relationships. Because of this, identifying the notions of worker and employment relationship is particularly important. The authors analyse the provisions of the ILO Recommendation No. 198; the statutory regulation of the employment relationship in Slovenia and Croatia; indicators of the existence of employment relationship,
determination of the existence of an employment relationship in practice by the labour inspection as well as in case-law, and the legal status of economically dependent persons.

Keywords

employment contract; contract of services; notion of the employment relationship; worker; independent contractor; economically dependent person

Hrčak ID:

199760

URI

https://hrcak.srce.hr/199760

Publication date:

9.4.2018.

Article data in other languages: italian croatian german

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