A work for hire as a result of labour activity of an employee: legislative experience of Russia and Kazakhstan
Based on a comparative analysis of Russian and Kazakhstan legislation, the article presents a brief overview of the civil law category «work for hire» in the light of its connection to labour relations. The author notes a narrow understanding, developed in civil law science, of the main feature of a work for hire - the presence of an employment contract. The author emphasizes that, in accordance with the labour law norms, the existence of labour relations may be indicated by both the actual admission to work in the absence of an employment contract and the civil law contract. The author concludes that the legal category «labour function» should be used instead of the category «labour duties» to characterise the work for hire. It is specified that the range of functional duties of an employee is established not only by an employment contract or job description but also by qualification manuals and professional standards. It is noted that remuneration for the work for hire is staged: an employee is paid a salary on a predetermined amount for its creation during the performance of the labour function, and then an employee receives a fee (over wages) for the use of the work for hire; the amount of the latter may be stipulated in an employment contract or a civil law contract.