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Current trends with regards to the labor supply based on the civil contracts in relation to the employment contracts


Author: Mihailov Tatiana
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2020
Scientific adviser: Eduard Boiştean
doctor habilitat, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 6 November, 2020 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.45 Mb / in romanian
Adobe PDF document0.38 Mb / in english

Thesis

CZU 349.22:331.106(043.3)

Adobe PDF document 2.27 Mb / in romanian
228 pages


Keywords

labor supply, types of labor supply, individual employment agreement, apprenticeship agreement, professional training/qualification agreement, legal relationships of atypical labor, contractor agreement, services agreement, labor supply based on liberal professions

Summary

Thesis structure: the thesis was developed during the period 2019-2020, consisting of the following: introduction, as an initiation into the study, four chapters, general conclusions and recommendations, 156 pages of basic text, bibliography taken out of 239 titles, 12 annexes. The obtained results are reflected in 11 scientific publications.

Field of study: labor law, civil law, the interference of these branches of law with regards to the types of labor supply.

Purpose and objectives of the thesis: The purpose of the thesis consist of the complex approach of the phenomenon of labor supply based on employment and civil agreements, as well as the study of the phenomenon of labor supplied by people with liberal professions through international instruments, national legislation as well as the doctrinal views. It has also been aimed at highlighting distinctive characteristics of civil agreements towards employment agreements, as well as the opportunity of using an employment or a civil agreement for a certain labor supply, as well as submitting proposals for the modernization of the national legislation.

Scientific novelty and originality of the obtained results consist of the formulation of certain theoretical and practical conclusions and presentation of de lege ferenda proposals aimed at improving the related legislation. At the same time, this thesis is also approaching the problems of interpretation and application of legal texts, some of which are already under the consideration of the labor law theoreticians, and others, as per our opinion, have a novelty element that can arouse the interest of the doctrine, as well as of the judicial and administrative practice in this area.

The solved scientific problem resides in the conceptual approach of the various forms of labor supply by: identifying the basic elements and the characteristic features of the individual employment agreement, the apprenticeship agreement, the services agreement, the enterprise agreement, the materialization and the conceptualization of the flexible types of labor supply, identification of the re-qualification criteria from civil to employment agreements, in order to create an overview regarding the legal types of labor supply. The theoretical value of the thesis is due to the specific way of approaching the studied topic, as well as the theoretical and practical importance of the particularities of labor supply based on civil and employment agreements, as well as based on the liberal professions, fiscal impact analysis for each type of agreement and the consideration of the problems that arise during the re-qualification process of civil agreements into employment agreements.

The applied value of the study consists of the opportunity to ascertain the legal possibilities of labor supply based on civil and employment agreements, as well as based on liberal professions in the Republic of Moldova. In conclusion, we consider that the thesis can also serve as a starting point in the research for other specialists in the area of labor law and other areas.