FOUNDAMENTAL PROBLEMS OF EMPLOYMENT RELATIONSHIP BETWEEN SPOUSES

Abstract

Social relations involved with rendering of labour on behalf of a family member could be subject to regulations of the labour law as well as of the law on family relations. In this very case there is no conflict o f laws, however. An employment relationship can be a basis of co-operation in a job performance by the two spouses provided that factual relations between them do justify such a co-operation. However it seems that a contract of partnership is not universal enough to assure that its application be proper in every possible case. And especially when only some part of partners disposed of their contribution in property while the others’ contribution consists of their own work - a normative regulation of a non-commercial partnership does not provide enough protection for all partners with their contribution in property. In such a situation it is more proper to establish a labour relationship between family members - in which liability of partners to the contract is corresponding to real proportions of such a co-operation. Nevertheless, a statement that a labour relationship is able to make a basis for co-operation of spouses - concerns only the lack of inconsistency of its constitutive features with regulation of the law on family relations, i.e. it is related to the most general and fundamental duties of the parties. A separated problem however is a question o f performing by family members of all detailed duties of the parties to a labour relationship as regulated in the Labour Code. This question must be subject to another special analysis for to establish whether normative model in force of a labour relationship is thoroughly proper for such a link between spouses