Recognition of relations arising on the basis of civil law contracts as labor relations: issues of protection of labor rights of employees

The article considers the problems of recognizing relations covered by civil contracts as labor relations. The author analyzes statistical data on self-employed citizens, since they are the main subjects with whom employers conclude civil contracts, covering up actual labor relations. As a result of considering the methods of recognizing relations covered by civil contracts as labor relations, from the point of view of protecting the labor rights of potential employees, the author believes that Article 15 of the Labor Code of the Russian Federation should establish the main features of labor relations: the presence of a labor function reflecting the labor process and the organizational subordination of the employee to the employer. It is important to form a link between inclusion in the Register of Illegal Employment and the legal consequences for employers after such inclusion, namely, a mandatory unscheduled inspection by Rostrud. The author proposes a new method of recognizing the legal relations that have arisen as labor relations - this is the initiative of the customer under a civil law contract. Finally, an enforceable court decision, which reveals violations of the labor rights of the employee, should be the basis for applying administrative punishment to the employer without verification of the facts of violations by Rostrud.