Relationship Between The Functions Of The Civil Law And Labor And Employment Law Regarding The Temporary Service Agreement
Relationship Between The Functions Of The Civil Law And Labor And Employment Law Regarding The Temporary Service Agreement

Summary/Abstract: The aim of this paper is to study the relationship between the functions of the civil law and labor and employment law regarding the temporary service agreement, as a typical agreement of law of obligations. The use of this agreement in labor and legal milieu isn’t doubtful if supported by a rational view that the legal basis used to engage work in a society is correlated with the actual (not declared) level of feasibility of the principle of the right to work and freedom of labor, and other principles underpinning the work and principles of business in society. Presenting civil law features of this agreement, and then their adjustment to employment related requirements, the authors attempted to determine the degree to which of achieving legal and practical logic, i.e. whether the legislative solutions as the function of practical needs, determined by supply and demand for certain forms of work on the labor market, in this case, to perform tasks outside the scope of activity of the employer.

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