DIFFERENTIATION OF CONTRACT OF WORK AND EMPLOYMENT CONTRACT OF : THEORETICAL AND PRACTICAL ASPECTS
Background: the safety and protection of labor rights are one of the main tasks of the state policy of the Russian Federation. Although a contract of work like an employment contract, regulates the relations between the parties to perform work, these contracts can not be identified. There are significant differences between the contract of work and labor and the contract of employment. Objective: to research and make a comparative analysis of the work contract and employment contract; to consider their practical significance and problems in their differentiation. Methodology: methods of analysis and synthesis, induction and deduction, the necessary argumentation, generalization, and comparative legal analysis are used. Results: the difference between a work contract and an employment contract can be carried out according to various criteria: subject composition, subject of the contract, working time, the fulfillment of assigned duties, payment for work, working conditions, social benefits. Conclusions: the work contract and the employment contract, with all the similarities, have crucial differences both in the regulation of legal relations between the parties and in the subject matter, basic conditions, duties, and responsibilities of the parties. At first glance, both types of contractual relations may seem to be close; however, in practice, there are fundamental differences that do not allow to put an equal sign in their application. If there is a working time schedule in the work contract, the con tractor obeys the rules of the internal labor schedule - then there are employment relations that are disguised by the parties to the work contract. In the absence of such circumstances contractual relations take place.