ON THE ORIGIN OF LABOUR RELATIONS

Abstract

The article considers problems related to the grounds of labor relations. The amendments
introduced to the Labour Code of the Russian Federation, clarify and specify the
grounds, a procedure and execution of the employment contract, as well as the origin of
labour relations due to actual admittance of an employee to work.
The authors note since the parties could not define a character of the established relations,
a question about the contents of legal regulation, i.e. labour or civil law, may arise.
The authors conduct a comparative-legal analysis of the legislation of the Russian
Federation and the Republic of Kazakhstan. They offer their own vision of characteristic
features that delimit employment relations from adjacent ones regulated by other branches
of law. In the end it is concluded that violation of workers’ labour rights due to a substitution
of labour relations for civil ones may result in the liability of the employer.