Contract agreement for work between individuals in 2021

Many people do not think about formalizing the process of carrying out repair work or other services in the case of hiring individuals. Civil law obliges citizens to enter into a special document. The features of its compilation are discussed in this article.

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Types of agreements

In this case, they have the right to provide services and perform work under various types of contracts. Citizens need to understand the types of such agreements. This will allow you to select and enter into the correct type of contract.

At the moment, individuals can draw up the following agreements:

contract _ According to it, the contractor undertakes to carry out the agreed range of construction or repair work within a specified period, and the customer undertakes to pay for the work of the craftsman. For example, private plumber Andrey Eduardovich Karpov will replace the plumbing on December 27, 2020. The customer, Alexander Ivanovich Petrov, will pay for this work in the agreed amount of money. Acceptance of the result is carried out by signing the corresponding act;
contract for paid services with an individual . According to it, the contractor undertakes to solve a number of problems and issues, and the customer, in turn, pays for them. For example, a citizen with a legal education, Minkova Karina Stanislavovna, will advise the owner of the property, Degeleva Victoria Petrovna, about what documents she needs to prepare to sell her apartment. The customer will pay 9,000 rubles.

The main difference between these contracts is that physical changes occur as a result of the contracting work. For example, an apartment was renovated, a house was built, and plumbing was installed. In the case of provision of a paid service, the result does not have a material form.

Regardless of the type of contract, the customer is not obliged to supply the second party to the transaction with the necessary materials and tools. The Contractor, in turn, bears full responsibility for the quality of the service provided or work performed.

The need to draw up an agreement

A construction team can be easily found through an advertisement and hired without concluding any additional contracts. However, this type of negligence can lead to serious problems and financial losses. You should not expect that the repair will be completed within the time frame set by the workers. The estimate during the work may also increase significantly.

Drawing up a contract becomes beneficial not only for the client, but also for the builders themselves. The agreement guarantees that the employee will be paid in full and will not be unreasonably refused his services. This is the only document that can legitimize and confirm the rights of consumers and providers of requested services. If problems arise in the apartment that are related to the repairs performed, without an agreement it will be almost impossible to achieve justice when contacting the police or court.

We advise you to read:

✅ Agreement on the provision of services with an individual
✅ Certificate of acceptance and transfer of services provided: sample
✅ Certificate of completed repair work: sample
✅ Additional agreement to the contract: sample

How to compose it correctly?

At the legislative level, there are no strict requirements for concluding civil contracts. Therefore, they are formalized in simple written form. However, you need to adhere to certain standards and rules, structure, and provide complete information for the document to have legal force.

The following information is required to be included in the agreement:

complete information about the two parties to the transaction (full name, passport series and number, residential address, telephone number);
date and place of conclusion of the contract;
description of the subject of the contract;
a list of the rights, duties and responsibilities of each party;
conditions and grounds for early termination of the contract;
the amount of payment for services provided or work performed;
consequences of failure to comply with the terms of the agreement for each of the parties;
validity;
number of completed and signed copies of the agreement.

The more details are included in the text of the contract for the provision of services and work, the easier it will be to defend your interests in court in the event of controversial situations.

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Nuances

Basically, to conclude an employment contract, you only need a passport of a citizen of the Russian Federation, or a passport of a foreign citizen and permits for an individual with registration. In some cases, you may need a military ID or registration certificate, as well as certificates from a psychologist and narcologist. You may also need a work book. Typically, this set of documents is required when concluding an agreement to work in sensitive facilities.
When drawing up a paragraph indicating a list of works, you need to write down the entire list of works in as much detail as possible. This is done in order to avoid contradictions after the completion of the work, as well as for a simpler legal settlement if it arises. Particular attention should also be paid to the deadlines for completing work if compliance with them is important for the organization’s activities.
It would be useful to indicate the warranty period for the work performed, as well as penalties in case of improper performance. The presence in the contract of clauses on the conditions for changing the price of work will help maintain a working relationship between the parties, since it is very difficult to provide for all the nuances, especially if the work is technologically complex. This point may include the conditions for revising the fixed price.
After all the terms of the contract have been met, a work completion certificate is drawn up. It must be signed by both parties, otherwise it will not have legal force. At the moment when the last person leaves his signature on the document, the countdown of the period for detecting a defect begins. It is usually calculated at two years.

Is an oral agreement valid?

According to the first paragraph of Article No. 158 of the Civil Code of Russia, one of the forms of transactions is oral. Rights and obligations in this case arise after the parties agree on all conditions.

An oral agreement concluded between individuals has legal force if several requirements are met:

the law does not provide for the need to document the contract;
both parties expressed a desire to conclude a deal orally;
in accordance with current legislation, the contract does not require notarization;
state registration of the transfer of rights under the agreement is not required.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

In accordance with the second paragraph of Article No. 420 of the Civil Code of the Russian Federation, an oral agreement is concluded according to the same rules as a transaction recorded on paper. But you need to remember that an oral agreement is associated with a number of risks.

If the contractor or the customer does not fulfill their obligations, then it will be difficult for them to make claims against each other and achieve justice.

In court, the following can be used as evidence:

correspondence with the counterparty confirming the desire and will of the other party to conclude a transaction;
certificates of work completed and goods supplied;
witness statements;
payment documents indicating payment for work, goods and services under an oral agreement (these can be statements, checks, cash orders).

Thus, an agreement between individuals for the provision of services and work is rarely drawn up. It is believed that an agreement must be signed only when concluding a transaction with a company.

But it is recommended to draw up such a document within the framework of civil law relations. It is a guarantee that the service will be provided at the proper level and payment will be made in the agreed amount of money. The agreement also serves as an evidence base in case of litigation.

Agreement between individuals to perform work

Contract agreement between individuals (general form)

___________________________________, hereinafter referred to as "Customer", (full name) on the one hand, and ___________________________________, hereinafter referred to as (full name) "Contractor", on the other hand, have entered into this Agreement as follows:

1.1. The Customer instructs, and the Contractor undertakes to perform work for the Customer under the conditions specified in this Agreement.

The Customer undertakes to accept the result of the work and pay for it in the manner and within the terms agreed upon by the Parties in this Agreement. 1.2. The Contractor undertakes to perform the following work for the Customer: _________________________________. 1.3.

The Contractor undertakes to perform the work specified in clause 1.2 of this Agreement on its own without the involvement of third parties. (Option.

1.3. The Contractor may involve third parties to complete the Customer’s assignment.

In this case, the Contractor is liable to the Customer for the actions of third parties.)

1.4. The Contractor undertakes to perform the work using materials provided by the Customer. (Option.

1.4. The Contractor performs the work using its own materials or purchasing them independently, and the Customer undertakes to pay for the purchased materials on the basis of documents provided by the Contractor and confirming the expenses incurred by him.)

1.5. Timing and stages of completing the work specified in clause.

1.2 of this Agreement are agreed upon by the Parties and are prescribed in the Work Schedule (Appendix No. 1 to this Agreement). 1.6. The work is performed at the address: ____________________________. 1.7.

The customer guarantees that he has all the necessary permits to carry out these works, which is confirmed by ___________________________. 1.8. The Contractor guarantees that he has the necessary knowledge, qualifications and permission to carry out work, which is confirmed by ___________________________.

2.1. The Contractor is obliged to: 2.1.1.

Perform the work specified in this Agreement in the amount and within the time frame provided for by the Work Schedule, and deliver the result to the Customer according to the work completion certificate. 2.1.2. Inform the Customer about the conclusion of subcontract agreements with specialized organizations engaged to perform work under this Agreement, and ensure control over the progress of the work performed by them. 2.1.3.

Ensure the implementation of necessary safety measures, fire safety and security of the facility where the work is being carried out. 2.2. The customer is obliged: 2.2.1.

Provide the Contractor with all documents, permits, permits and materials necessary for the work. 2.2.2. Accept the result of the work within __________________________ from the moment the Contractor notifies him of the completion of the work, sign a certificate of completion, or provide a justified refusal to accept the result of the work, indicating the identified deficiencies and the time frame for their elimination. 2.2.3.

Pay the Contractor for the work in the amounts and within the time limits established by this Agreement.

3.1. For performing the work specified in clause.

1.2 of this Agreement, the Customer undertakes to pay the Contractor a remuneration in the amount of ________ (__________) rubles. 3.2. The parties agreed on the following method and procedure for payment of remuneration: ___________________________________. 3.3.

The customer undertakes to pay the remuneration within the period ____________________________. 3.4. If the Contractor used his own materials or purchased the materials himself, the Customer undertakes to pay the cost of the materials within ________________________ from the moment the Contractor provides documents confirming the costs.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

4.1. For violation by the Parties of the deadlines for fulfilling obligations under the Agreement, the guilty Party shall pay the other Party a penalty in the amount of ________% of the Agreement price for each day of delay. 4.2.

In the event of failure or improper performance by one of the Parties of other obligations under this Agreement, the guilty Party shall compensate the other Party for losses, including lost profits. 4.3. Payment of the penalty does not relieve the Parties from fulfilling obligations or eliminating violations.

5.1. Neither Party shall be liable to the other Party for delay or failure to fulfill obligations under this Agreement due to circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires and other natural disasters. 5.2.

A certificate issued by the relevant chamber of commerce or other competent authority is sufficient evidence of the existence and duration of force majeure. 5.3. The Party that fails to fulfill its obligation must give notice to the other Party about the obstacle and its impact on the fulfillment of obligations under the Agreement. 5.4.

If force majeure circumstances persist for 3 (three) consecutive months and show no signs of termination, this Agreement may be terminated by the Customer and the Contractor by sending a notice to the other Party.

6.1. All disagreements and disputes arising between the Parties under this Agreement or in connection with it are resolved through negotiations between the Parties. 6.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in court in the manner prescribed by law.

7.1. This Agreement comes into force from the moment it is signed by all Parties and terminates after the Parties fulfill their obligations in accordance with the terms of the Agreement. 7.2.

This Agreement is terminated early: - by agreement of the Parties; — other grounds provided for by the legislation of the Russian Federation and this Agreement.

8. SPECIAL CONDITIONS AND FINAL PROVISIONS

8.1. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation. 8.2.

Any changes and additions to this Agreement are valid provided that they are made in writing and signed by duly authorized representatives of the Parties. 8.3. All notices and communications must be given in writing. 8.4.

The Agreement is drawn up in 2 (two) copies having equal legal force, one for each of the Parties.

9.1. Work schedule (Appendix No. 1).

Customer: Contractor: _____________________________________ ____________________________________ (Full name) (Full name) Address: ___________________________________ Address: ___________________________________ _____________________________________ _____________________________________ Passport details: _________________ Passport details: _________________ ____________________________________ ____________________________________ Telephone: ___________________________ Telephone: ___________________________ Email address: Email address: _____________________________________ _____________________________________ Account _______________________________ Account _______________________________

_____________________________ _____________________________ (signature) (signature)

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Sample contract agreement with an individual

g. __________ “___”________ ____ g.

Company ________ "_______________", hereinafter referred to as the "Customer", represented by the General Director _______________________, acting on the basis of __________________ N _____ dated "__" _________ 20__ and in accordance with the Charter, on the one hand, and a citizen of the Russian Federation _______________________ (full name .O.), hereinafter referred to as the “Contractor”, on the other hand, collectively hereinafter referred to as the “Parties”, have entered into this agreement (hereinafter referred to as the Agreement) as follows:

What it is

A contract for the performance of work between individuals is a document indicating the conclusion of a transaction between citizens for the provision of household or other services with guaranteed payment. Typically, such a document indicates two persons - the customer and the contractor.

The main points of the agreement are:

The subject of the agreement is the essence of the transaction.
Timeframe – the time range within which the contractor completes the work.
Responsibilities for payment - what responsibilities do the customer have regarding payment for work performed (in what time frame will payment be made, cash or non-cash payment).
Mutual guarantees – guarantees from the contractor and the customer.

The subject of the contract is the result for which two persons formalize the relationship by concluding a transaction. The final result implies material satisfaction of the needs of both parties.

It has been established that the subject of the agreement is:

creating a new material object (for example, making a table);
developing a new property of an already made object (for example, repairing a device, giving it a different appearance);
another result characterized by materiality (for example, maintaining or developing documents).

When specifying deadlines, be sure to delimit the execution time. If this clause is omitted, the contract loses its force. Therefore, the start and end date are always written down.

During long-term work, it is allowed to mark intermediate stages, and it is also allowed to shift the time by agreement of the parties.

When deciphering payment, the contract may indicate not only monetary remuneration, but also other methods, for example, the provision of a certain type of service or the transfer of property.

A description of the amount of money is not necessary when concluding a transaction. You can attest to how payment will be made (labor costs plus payment for the work itself).

Conditions

The law requires that an agreement be drawn up in writing, but in practice an oral form is possible.

This is theoretically possible if the following conditions are met:

both parties are individuals;

If the payment amount exceeds the transaction, the transaction must be documented.

When considering whether the contractor's status meets the established requirements, one should be guided by the fact that an individual may be indicated in the contract when performing one-time work.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Thus, a contractor is a person who carries out such work on a professional level. Moreover, the type of organizational form of the contractor does not matter. This could be an LLC or individual entrepreneur.

When extensive work is envisaged, an estimate is attached to the contract, indicating the cost of individual services under the contract.

The Civil Code allows the customer to refuse cooperation if the contractor exceeds the agreed firm estimate. But if the overrun is confirmed for objective reasons, the contractor may request compensation for the work performed (for example, there has been an increase in prices).

If any conditions are not met, the parties to the contract may refuse the terms of the transaction and demand compensation for losses incurred. To do this, the other party must first be informed.

If the first attempt fails, the customer or contractor repeats the claim request and cancels the contract.

Contractors can sell the result of completed work when a month has passed since the last notice. The received funds remain with him in a certain share, and the second part is sent to the customer.

Final provisions

9.1. The Agreement is drawn up in two copies having equal legal force, one for each Party.

9.2. Notices, claims and other legally significant messages (hereinafter referred to as messages) are sent by the Parties in any of the following ways:

by registered mail with acknowledgment of receipt;
with express delivery ( courier delivery ). In this case, the fact of receipt of the document must be confirmed by a receipt that contains the name of the document and the date of its receipt, as well as the surname, initials, position and signature of the person who received the document;
by fax, e-mail or other means of communication, provided that it allows you to reliably establish who the message came from and to whom it was addressed.

9.3. Messages entail civil consequences for the Party to which they are sent (hereinafter referred to as the addressee), from the moment these messages are delivered to it or (Sample contract agreement with an individual) to its representative. Such consequences also arise in the case when the message was not delivered to the addressee due to circumstances beyond his control (Clause 1 of Article 165.1 of the Civil Code of the Russian Federation).

9.4. Messages are considered delivered if they:

were received by the addressee, but due to circumstances depending on him, were not delivered or the addressee did not familiarize himself with them;
delivered to the registration address at the place of residence or stay of the citizen, the address indicated in the Unified State Register of Legal Entities or named by the addressee himself, even if he is not located at such an address.

9.5. The following forms of documents agreed upon by the parties are attached to the Agreement :

list of materials and documentation provided to perform the work (Appendix N ____);
act of acceptance and transfer of materials and documentation (Appendix N ___);
act on identified deficiencies (Appendix N ____);
the Customer's demand for elimination of deficiencies/for a proportionate reduction in the cost of work performed/for reimbursement of expenses (Appendix N ____);
act of acceptance and transfer of completed work (Appendix N ____);
power of attorney (Appendix N ____);
report on the use of materials (Appendix N ____);
claim for payment of a penalty (penalty) (Appendix N ____).

Acceptance of the finished result

Fulfilled terms of the agreement imply payment for services after signing the act of acceptance of work. For domestic work, this document is often not issued, but in the construction industry it is a necessary condition. Its presence will allow, as a last resort, to recover the due remuneration through the court.

When drawing up, you should take into account the following nuances:

the legislative form has not been approved;
the signing procedure is provided;
deadlines for signing have been established;
persons authorized to sign are deciphered.

There must be a record of the parties' responsibilities.

Who pays personal income tax

Any work activity that generates income in the Russian Federation is subject to income tax. When a contract is concluded between an organization and an individual, the burden of paying personal income tax falls on the shoulders of the legal entity.

In this case, the citizen receives for the services provided the amount of money under the contract, reduced by 13%.

In the situation of concluding a transaction between individuals, a contract is drawn up, which involves the official transfer of funds for the work performed. As a result, the person to whom the remuneration was transferred must pay personal income tax.

In this case, the following rules are observed:

a person independently makes a payment of 13% of the amount of income received;
individual until 30.04. of the year following the current year submits a declaration to the tax office in form 3-NDFL.

The procedure for concluding a contract between individuals is not regulated at the legislative level, but it is required to fill out a document according to a universal template, indicating all the features of the procedure for performing work and payment.

This will protect the parties to the transaction in the future from filing claims and going to court.

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In what situations is it necessary to conclude a contract?

According to the Civil Code of the Russian Federation (namely Article 702), a work contract is an agreement concluded between the customer and the contractor. In this case, the contractor undertakes to perform any specific work at the request of the customer. The result of these services is always material, that is, embodied, transferred to the customer.

A contract is concluded when it is necessary to produce a certain thing, process it, process it, and so on. Therefore, a contract is a paid implementation of specific activities in favor of the customer. For example, under a contract agreement it is possible to order the renovation and decoration of an apartment, sewing clothes, etc.

It is worth noting that, compared to an employment contract, under a work contract the contractor does not have the right to benefits and social guarantees.

Subject of the Agreement

1.1. In accordance with the Agreement, the Contractor undertakes, on the instructions of the Customer, to perform the following types of work: (for example: manufacturing a certain thing, (Sample contract agreement with an individual) processing the thing, dismantling equipment, etc.) _________________ (hereinafter referred to as the work) - and hand over the result works to the Customer, and the Customer undertakes to accept the result of the work and pay for it.

1.2. The contractor performs work at the following address: _______________________________.

1.3. The result of the work performed at the time of delivery to the Customer must have the following properties: ___________________________________________.

Terms of the contract

In accordance with Article 708 of the Civil Code of the Russian Federation, this agreement must indicate specific deadlines: when the work begins to be performed and when it will be completed. The parties may also establish the introduction of intermediate, phased deadlines.

It is worth noting that if there is no price in the contract, then payment is made at the average prices established for the performance of similar services. But it is better to discuss this issue in advance - before concluding a contract. As a rule, the price is always set by the parties.

Duration, amendment and termination of the Agreement

7.1. The contract is valid until “___” ________ 20__.

7.2. The Agreement may be amended and terminated early either by agreement of the Parties or in cases provided for by the Agreement and (or) legislation (Sample contract agreement with an individual) of the Russian Federation. All changes and additions to the Agreement must be made in writing and signed by the Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

7.3. The customer has the right, in accordance with Art. 717 of the Civil Code of the Russian Federation to refuse to fulfill the Agreement.

7.4. The Contractor has the right to unilaterally refuse to perform the Contract if

How is interest paid when using someone else's money?

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

According to Article 395 of the Civil Code of the Russian Federation, interest can be accrued if the fulfillment of monetary obligations is overdue. For example, the contractor has the right to interest payments if the customer does not make an advance payment on time.

Customer - if the contractor did not report for the materials provided, the surplus was not returned.

It is worth noting that interest can be collected even if it is not provided for in the contract.