Problems of delineation of labor and civil law contracts
The Constitution of the Russian Federation and the Labor Code of the Russian Federation (Article 2) guarantee freedom of labor, including the right to work, which everyone freely chooses or agrees freely. The realization of guaranteed rights and freedoms in the field of labor relations is expressed in the right of individuals (citizens) to enter into employment contracts. Violation of this constitutional right of citizens is the replacement of labor relations by civil law. The article explores the issues of delineation of labor and civil law contracts. Foreign experience and international principles of legal regulation of establishment of actual individual labor relations have been studied. Legal and theoretical problems are analyzed with the solution of practical questions of protection of labor rights, freedoms and legitimate interests of workers by jurisdictional bodies.