نویسنده
آمر دیپارتمنت حقوق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Employment contract and contract are two legal entities of hiring individuals that have wide applications in different legal systems. Despite many similarities, these two contracts also have differences in terms of their nature, rights, and obligations of the parties. The main issue of this research is the precise distinction between these two legal entities and its impact on the legal relations of workers, employers, and contractors. The purpose of this research is to compare employment contracts and contract contracts from the perspective of legal nature, the degree of independence of individuals in performing work, legal responsibilities, and the effects resulting from them, and it seeks to answer the question of what are the criteria for distinguishing an employment contract from a contract, and what legal consequences does this distinction entail? Using a descriptive-analytical method, this article examines the jurisprudential-legal criteria for distinguishing these two contracts, and its findings show that in an employment contract, the employment relationship is accompanied by the legal and economic subordination of the worker to the employer, while in a contract, the contractor has more independence and is merely obliged to present the results of the work to the employer. Explaining these differences is a research necessity to reduce legal claims and better regulate labor relations.
کلیدواژهها [English]
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