Presumption of the labor relations’ existence: conceptual markers

Contemporary transformations in the field of labor, including the spread of new models of employment, actualize the doctrinal understanding of the institution of legal presumptions in labor law. These presumptions, which are integrated into the sectoral system, not only articulate the profound essence of legal regulation, but also determine its focus on protecting fundamental social interests. Therefore, in the article, the author analyzes the conceptual markers that form the basis of such legal presumptions, with an emphasis on the need for their flexible application. In the study, the author reveals a critical discrepancy between progressive international approaches, which allow for the establishment of a presumption of employment relations in the presence of one or more characteristic features, and certain national legislative initiatives. The latter trend, which imposes burdensome requirements for the cumulative presence of a significant number of formal criteria, is considered potentially destructive. The author’s key conclusion is that excessive formalism in the verification of employment relationships, especially in the context of atypical employment, carries significant risks of distorting the very essence of legal presumption. This approach transforms it from an effective tool for protecting workers’ rights into an artificial barrier that only complicates the proof of actual employment relationships, which can lead to the systemic erosion of social guarantees for a significant number of workers, leaving them without adequate social protection, including the right to rest, safe working conditions, social insurance, and protection from unjustified dismissal. In addition, such a law-making strategy upsets the balance of interests between the parties to labor relations, giving preference to employers and encouraging the classification of labor relations as civil law relations in order to avoid obligations. This, in turn, undermines the fundamental principles of labor law doctrine, which has historically been shaped in response to social imbalances, and ignores the urgent need to adapt national legislation to the current challenges associated with global trends in the world of work. Therefore, the author concludes that ensuring the relevance and fairness of legal regulation in this area is imperative for building a stable and socially oriented society.