Ідентифікація трудових відносин за законодавством окремих європейських країн.

The determination of genuine employment relationships versus civil-law relations remains a pressing issue in Ukrainian legal practice. Despite the integration aspirations of Ukraine and international recommendations, such as ILO Recommendation No. 198, legislative criteria for qualifying relationships as employment remain undeveloped, leaving the interpretation largely to oversight authorities. This article explores the legislative and management approaches of European countries, focusing on their criteria for distinguishing between employment and civil-law relationships.
Analysis of Maltese legislation reveals eight specific criteria for identifying employment relationships, including economic dependence (e.g., earning 75% of income from one client) and integration into the employer's organizational structure. Notably, compliance with at least five out of eight criteria suffices for classifying relationships as employment, providing robust protection for workers in various sectors, including banking. Similarly, Portugal employs comparable criteria, adding the condition of work being performed at a location determined by the employer. Meanwhile, the Netherlands adopts a presumption of employment for individuals working at least 20 hours per month for a client over three consecutive months, simplifying the identification process.
Ukrainian judicial practice, in contrast, lacks uniformity, relying on formal attributes such as the presence of contracts or service delivery acts. This inconsistent approach often leads to conflicting interpretations by courts and oversight bodies, resulting in unjustified tax reassessments and legal disputes. Drawing from European practices, the article emphasizes the necessity for Ukraine to establish clear legislative and management criteria to distinguish employment relationships, thus enhancing legal certainty and compliance.
This study underscores the importance of adopting a framework aligned with international standards to address misclassification and reduce the prevalence of undeclared employment. Implementing defined criteria, as demonstrated by Malta, Portugal, and the Netherlands, could harmonize Ukrainian law with European models and foster fair labor practices.