Labor relations can be organized not only on the basis of the Labour Code, but also on the basis of another legal basis - civil.Moreover, the use of the database allows the employment relationship to both individuals and legal entities.A specific tool for this design can serve as a civil contract, the terms of which are governed by the Civil Code, as opposed to the Labour Code, which regulates labor relations in our usual level, when we work on the basis of an employment contract.
main civil contracts, which are types of the Civil Code provides:
- trust management;
- order;
- on the implementation of R & D;
- contract;
- transportation;
- order;
- the paid services of the works;
- agency services;
- commission.
It should be noted that registration of labor relations under consideration by means of contracts, is also not a final and comprehensive.The contractual relationship provided and other laws relating to the various branches of law.In particular, if the Civil Code provides for a civil contract with a natural person, that such a relationship in the management of JSC regulated by the law "On Joint Stock Companies".
legal nature of opportunities through which civil contract becomes a reality, based on the article.103 of the Civil Code.This rule provides that if the decision will be made shareholders, the right to drive a stock can be transferred to another body, which will carry the society on the basis of civil law principles.In short, the employment relationship may be based on quite different legal bases, and governed by different regulations.
Partly for this reason, do contract and their execution have significant differences.
Consider some of these differences.According to the Labour Code, the subject of an employment contract may be directly hired workers, which he has no right to pass on to another employee.When a civil form of relationship, this situation is somewhat different.For example, some company wants to elevate the area around the office and maintain it in good condition.This can be done: either to expand the staff and to hire a gardener, or simply enter into a civil contract with any person who will independently perform work schedule itself determine the types of work and will only be responsible for the final results of its activities.Thus on the employee can not be laying out other duties, the content of which is not specified in the contract.
There is another option, which demonstrates the differences between labor contracts of civil law.For example, our company makes the decision to entrust the landscaping is not a specific person, but a firm that specializes in such activities.She, in turn, refers to the services of specialists who will work for your company.There is a direct delegate tasks, and it is quite permissible for civil legal system of relations, and unacceptable in the employment contract.
In short, the existence of such an institution as a civil contract, the personnel of the enterprise or institution is not discussed.However, employees should also be aware that the differences concern not only the conditions of the subject matter of the contract, but also some social guarantees, which in this form of organization of labor relations is somewhat limited.In this case, the employment contract seems preferable, since it allows the execution of all employers list of social guarantees in respect of the employee.
