The institute of an employment contract: flaws of legal norms

The author analyzes the issues of the institute of the employment contract. The so-called flaws of legal norms that appear in the labor legislation and lead to incorrect interpretation of these norms by the courts comprise a key challenge. As a consequence, these flaws are used by unfair employers, while decisions of the courts are often difficult to implement practically. There is a question whether these flaws can be eliminated or whether there will be ways to overcome and correct them. One of such examples is the construct of a “job offer” in labor law or an “invitation to work”. The author analyzes judicial practice, which answers the questions concerning the prerequisites of application of legislative norms related to the conclusion of employment contracts under the conditions of the competition of legal principles and doctrines of different fields of modern law.