Employment or civil contract: no time to take risks

The issues of law enforcement in the practice of higher education institutions, including the issues of qualification of actually developing relations as civil or labor relations, are considered. The analysis of the Federal law of 05.04.2013 N 44-FZ “on the contract system in the field of procurement of goods, works, services for state and municipal needs” and amendments made by the Federal law of 01.04.2020 N 98-FZ and related to the prevention and liquidation of emergency situations. The “limits” of concluding a civil contract with a single performer are considered; the article deals with judicial practice on the recognition of labor relations that have arisen on the basis of a civil contract; examples of judicial practice on irrevocable doubts that the court has the right to qualify in favor of labor relations are given.

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