Zbornik, Vol. 39 No. 1, 2018.
Pregledni rad
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.org/0000-0003-2327-3127
; Pravni fakultet Sveučilišta u Mariboru, Maribor, Slovenija
Sandra Laleta
orcid.org/0000-0003-2036-5886
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Sažetak
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.
Ključne riječi
employment contract; contract of services; notion of the employment relationship; worker; independent contractor; economically dependent person
Hrčak ID:
199760
URI
Datum izdavanja:
9.4.2018.
Posjeta: 11.285 *