Arxiv
ELMİ İŞ - 2025
Aytaj Elbrus Giblalieva
Baku State University
DEFINITION AND SIGNIFICANCE OF EMPLOYEE’S
STATUS AS GENERAL LABOR SUBJECT
Key words: “economic realities” test, distinction between employee and independent contractor, control and relationship
Açar sözlər: “iqtisadi reallıqlar” testi, işçi və podratçı arasındakı fərq, idarəetmə və münasibət
Ключевые слова: тест “экономические реалии”, различие между работником и независимым подрядчиком, контроль и отношения
Introduction
Employee’s status as subject of Labor law is described variously in various domestic and international acts. Significance of status is seen in employee’s position in relationship with employer, his benefits from employment contract. Some challenges are emerged from his subject status in labor law, so world states put forward their own approaches to this situation. Determination of status of employee targets to clarify hisher rights and duties certainly and halts risk of loss.
According to the article 8.1 of the Resolution concerning the International Classification of Status in Employment (ICSE) adopted by the Fifteenth International Conference of Labor Statisticians in January 1993, employees are all those workers who hold the type of job defined as "paid employment jobs". Employees with stable contracts are those “employees" who have had, and continue to have an explicit (written or oral) or implicit contract of employment, or a succession of such contracts, with the same employer on a continuous basis. "On a continuous basis" implies a period of employment which is longer than a specified minimum determined according to national circumstances. Regular employees are those 'employees with stable contracts' for whom the employing organization is responsible for payment of relevant taxes and social security contributions and/or where the contractual relationship is subject to national labor legislation. (5, p.8)
Baxış: 912