a civil contract - a written agreement between natural or legal persons, which determines the appearance, change and termination of legal relations.This includes actions such as the purchase and sale, gift, exchange, construction contract, storage, insurance, transportation and many others.Terms of the contract
concluding a legal act, the employer is not obliged to enter notes in the workbook.And yet specified period, during which the works or services must be included in the insurance experience, which gives the right to the legal retirement.The duration of the period of employment, which is referred to the insurance period depends on the duration, the contract made to the SEC.Moreover, the employer must transfer the bodies of the Pension Fund premiums charged for cash consideration.This allows the employee to replenish funds in the state account in the same way as other employees and accumulation.
information on payments under the contract the amount that passed in favor of the fund, the employer is obliged to provide to the same as a part of the usual personalized reporting.For the employee in terms of getting a pension in the future does not play a decisive role, on what treaty hired - labor or civil law.Such contracts are determined by the requirements of the Civil Code, where each type of these agreements separate chapter.
items in a legal act
schematic typical GPC contract consists of the following determining position:
- Introduction.Here you specify the name of the act, the place and the date of its signing, details of the contracting parties.They can act as legal, and physical persons.Between them there is a difference in the fact that for the first (usually customers) indicate the organization or its representative, on behalf of which the contract is sealed.For individuals denoted by name and surname, passport details and address of residence.
- essence of the contract.Here mention all of the major conditions of the agreement: the name of the subject matter, in other words, of what exactly we are talking, the technical conditions of work, duties and rights of both parties, the period of guaranteed performance of signatories to their commitments and requirements.As for the possibility of the civil contract is a major landmark on the final result, the type and quantity of work performed by an employee hired and services are written clearly and in detail, with the explanation.
- cost and procedure for calculations, which sets the amount of remuneration of labor expended upon and determined by the system of payment of cash.According to the requirements of the contract of civil nature hired employee chooses the methods of execution of orders provided unless otherwise specified by the contract.If it is not provided prior compensation for services rendered or payment of separate stages of their fulfillment, the customer must pay the prescribed amount of the agreement after the date of the final work on the condition that it is carried out properly and in the exact time.
- more, as well as other conditions that do not necessarily indicate in each document, but they can definitely affect the current implementation of the obligations of the parties: the responsibility for the execution of works, ways to ensure the sanctions to one side or the other when a possible violation of the agreement is goodreasons for changes or complete termination of the act unilaterally agreement on confidentiality of information, the procedure for resolving disputes between the signatories.
- The final part of the agreement contains the details and signatures of both parties.As a legal entity, the customer enter the details in the following order: name of organization, its postal address, mandatory INN, bank details.The method involves graphic design attributes selection.And for the individual details are specified in a very different order: full name, passport number, postal address or residence registration, as TIN, home (any contact) phone.If required by the agreement, write and payment details.
labor functions
One of the most important hallmarks of the typical contracts GPC can be called the stipulated subject of agreement between the parties.The essence of the act of signing is expected end result of the work or the level of services that the employer takes the term as specified in the contract.How will stem the implementation process of the work required, should not be subject to the customer's excitement, but it does not prevent him from taking part in the verification of the implementation of the items of the contract.
By the deadline hired employee should hand over the finished job and pass the result to the customer on the basis of a special Certificate of Completion (or services).This document serves as a basis for the payment of compensation to the executor.
implementing the requirements of paragraphs of the agreement, the contractor has the right to involve the labor process of third parties, unless otherwise required by the contract.On the contracting not subject to acts of internal regulations of the customer.Therefore, he is not obliged to obey the rules of the organization that hired him, as well as the requirements of its officials.Of course, the customer can at any time to monitor the job, but can not control the performer or give the mandatory instructions.
Workflow
If employees who provided time payment, timesheet is the basis for further payroll, then hired pieceworkers fee charged by private outfits that can confirm the implementation of the conditional amount of work.The Contractor shall determine the degree of intensity of working and developing the optimal plan for the successful implementation of the tasks set daily real size works.The customer is not obliged to take into account the working hours that the employee spent on a solution, and will not pay extra for it probable overtime employment, even on weekends and holidays.Signing the contract by GPC to provide services, the employer should focus only on the provisions and requirements of the Civil Code.The document is signed by representatives of concrete on both sides, sealed wet signature.Completion of the agreement sealed by the Act of acceptance-delivery of services.
working conditions for citizen
hired under a contract for the GPC, as opposed to full-time worker, should not necessarily create conditions with a specially equipped workplace.The customer is freed from the need to be responsible for the safety and protection of labor in relation to the Executive.These questions lie entirely on the conscience of the contractor.On the contrary, with regard to equipment and materials, the contract must determine whether the customer is an employee hired to provide materials and tools.In the absence of such a condition uses its singer.
also floating is the issue of an accident at work.Hired under a contract GPC difficult to obtain from the employer temporary disability benefits.The fact that the customer has the right not to include in the contract item on accident insurance.
Making GPC under the contract does not require compliance with strict rules of hiring.One needs only to signatures under the agreement, in contrast to the procedure for the adoption of the labor contract, according to which you want to issue an order and make a personal card per person.
financial question
GPC typical contract allows the contractor to receive remuneration for work (service) only on completion of their full volume.Thus, if the customer has hired an employee for several months, then it is not necessary to make periodic payments.If, however, indicated in the agreement for the work completed by the Executive is not the whole, wages may not be paid.In the work contract may provide for a special condition to pay an advance (phased delivery of the work).In this case, the customer must pay for the individual stages of production, it adopted under the Act.
financial calculations for the result of the work done with the contractor, who has entered into an agreement by GPC, the organization should properly reflect on the account number of the chart of accounts 76 "Settlements with other debtors and creditors."Thus, for an employer to sign an agreement GPC brings certain advantages, but for the hired employee often leads to negative consequences.
Features civil agreement
Conclude a contract organization may also those employees to positions where staffing is not provided space.This means that the customer is allowed to involve any number of freelancers.Also, this leads to the fact that the employer is free to refuse any applicant without giving any reasons for the decision.This follows from the thesis of the freedom of citizens and legal entities in compliance or denial of agreements under the Civil Code.For example, the organization does not intend to hire Asians or older than 50 years or nonresident without registration.
agreement gives the employer a wide field for "maneuver" in respect of the number of personnel.Standard labor legislation also restricts the actions of the customer's specific rules.If, for example, he wants to deny the applicant, the fact must be appropriate justification without considering personal preferences.Since GPC contract for services in all cases be concluded for a certain period, then get rid of unnecessary employee is not necessary, you should only wait for completion of the work.
Question infringement wage worker
During the contract GPC for probable violation of terms of performance of works with a negligent contractor may recover a kind of penalty to a fine (penalty).And if the violation will be more serious look and property damage will be caused to the customer, the employee is obliged to pay damages in full.Moreover, in contrast to the provisions of the labor contract agreements for civil service the Contractor assumes the risk of unexpected damage to the outcome of the finished work before its acceptance by the Act.
on cash payments wage-worker the employer is obliged to charge fees only to the Pension Fund and HIF.But on insurance premiums in the FSS employer has the ability to save, because they do not need to make.
As for the holidays, the question here is not on the side of the employee.In civil law for the employees under the terms of contracts GPC paid vacations are not available.Unlike other employees who have a minimum duration of paid annual leave is 28 calendar days.
Social features treaty
Making contractual GPC for students means that the employee is unable to get paid like the others, study leave, as the Civil Code does not provide a similar social guarantees.However, it can not be expected, as opposed to working on a permanent basis, an annual one-time payment of travel to the place of study and correspondence going back.In addition, the lack of decorated contractual GPC also deprived of the possibility of additional payments that the employer can make to their employees: financial assistance, compensation of the price, payment of treatment, replenishment of the labor pension, reimbursement of interest on loans, and so on. D.
The customer is not obliged to give the executor property deduction when the case of purchase or construction of housing, does not produce the social deduction in the amount of personal pension contributions paid by the contractor to funds under the contract to ensure the non-state option.
employer in a civil agreement deprived the need to pay temporary disability benefits related to care for a sick family member, quarantine, with follow-up care in the spa facilities, with prosthetics.The employee will have to issue such payments by the social security authorities.In this case they will be produced in a minimum amount in spite of the sizes of previous income.
amounts that accrue to an employee under a contract of GPC, is not taken into account when calculating average earnings.This implies that in the future when the executor will have to enter into a labor contract with the organization, these amounts will not participate in the calculation of the averaged income.
transformation of a labor contract GPC
Based on the fact that the current legislation is in the interest of the employee, the court may find it possible to call the contract GPC actually regulated labor relations between employer and employee.Thus, it turns out that in this case it will be applied to the requirements of labor legislation and the law.Here is the primacy of the specific content of the agreement.
If the judgment issue a verdict on the employment relationship, the employer must issue the worker with an employment contract, the date of which belongs to the past, the day of signing the agreement GPC.This will force the employer to pay the employee periods of temporary disability, previously taken to provide paid leave to pay for it the cost of insurance premiums, and so on. D.
basis for the recognition by the court as an employment contract GPC can serve the following circumstances.
- need to comply with the internal regulations, work schedules, strict compliance with the orders of the employer.
- Payment of wages must be made on an ongoing basis.
- Performing individual specific actions and responsibilities imposed on it for a very long time.
- fact of the presence of the liability, which is assigned to the executor under the contract GPC.
- Construction worker to the workplace for the funds of the customer, as well as providing for the effective performance of work or provision of services it provides equipment, mobile communications, overalls, CCV.
