Jelena Janković

LEGAL NATURE OF THE EMPLOYMENT CONTRACT

SUMMARY

A contract of employment is one of the central categories of labor law. It is the most common legal basis for employment in all countries with a market economy. As a central category of labor law, contract, largely determines the position of labor law in the system of law. Although the labor law came into being in the lap of the civil law, the legal nature of the employment contract, or the manner of employment, labor law distinguished from private law. State intervention, the limited autonomy of the contracting parties, compulsory content of the contract are contract features that distinguish it from traditional civil law contracts. Although there are some similarities with the civil law contracts, the contract of employment is a separate institution, to which the applicable standard of law, and do not apply to standard contract law. Employment Contract in its legal nature is double-sided, double-sided mandatory, formal, cargo, personal, consensual, causal, contract with suspensive condition, independent, legal work among the living, and not a contract for access. Certain elements of the legal nature of the employment contract is agreed by many authors. It is clear that the labor contract legal work among the living, and the two-sided bound, consensual, causal, personal, cargo. Disagreements arise as to whether a contract by contract approach, considering the fact that the employee is weaker as a party, can only accept or reject the contract, so that the element of his legal nature should be addressed. It is necessary to answer the question whether the contract can be subsumed under an existing group contract, or is it a special type of contract.

Keywords: labor law, the legal system, a contract of employment, legal nature, sui generis.