Civil law contracts as contracts for specific work are commonly used in the labor market. This is due, among other things, to the much greater flexibility of such contracts in relation to contracts of employment, which is sometimes important for companies in certain industries.
However, it is not always possible to apply the work contract legally.
Contracts for specific work are contracts that are civil law contracts and also contracts classified as so-called result contracts. Such an agreement has a specific purpose, which is determined to be carried out by the client and is to be obtained by the contractor.
For each contract for a specific work, its result is crucial when it is determined whether such a contract is lawful. From this point of view, the result of such an agreement is material, where at the same time it is also not the result obtained in the performance of the contract for specific work, but efforts to obtain this result.
The contract for the work and contract of employment
In accordance with the provisions of labor law, a contract of employment is a contract by operation of law. If any employment relationship meets the requirements of the employment contract then the employment contract is valid. One of the characteristic features of each employment contract is the subordination of an employer’s employee who can not appear in the case of a contract for specific work.
The employee’s subordination concerns, among others, the performance of work at a place designated by the employer, at a time determined by the employer and also under the supervision of the employer. There is no such subordination in contracts for work. The work is to be completed within the prescribed time specified in the contract, but the contracting authority may not set strict work hours, which takes place when performing work under a contract of employment, where work is carried out in a continuous manner in accordance with the work schedule prepared by the employer.
At the same time, under the contract for the work, there is also no subordination of the employee to the performance of work under supervision.
The performing work is obliged to provide the right conditions to perform the work as well as materials or equipment necessary to perform the work. Of course, the commissioner can provide financial resources for the purchase of equipment, but it is not mandatory and depends on individual arrangements between the contractors.
The result of the contract for specific work
As the legal provisions on contracts for specific work indicate, as well as interpretations regarding the use of such contracts, the result of each work contract must be a result that allows it to be distinguished from other objects. The result of the performance of the work contract must also be autonomous and also constitute an independent object of trade.
Such a result of the use of contracts for specific work makes them widely used within artistic professions. It is in such professions that it is possible to clearly state what work is being created under the contract. At the same time, the work may also be software, telephone or computer applications, because, after the implementation of such programs under the contract for work, a result is created that is self-contained and subject to turnover.