A civil contract with an individual: how to conclude it in 2021, download a sample

CONTRACT FOR SERVICES

_________________ “___” __________ 201__
__________________________________________________________________________________,

(name of organization or f., i., o. individual entrepreneur)

acting on the basis of __________________________________________________________,

(charter, power of attorney, registration certificate indicating its data)

hereinafter referred to as “Customer”, and ________________________________________________,

(f., i., o. of an individual)

passport details ______________________________________________________________ living at the address: __________________________________________________________,

hereinafter referred to as the “Contractor”, have entered into this agreement as follows.

Subject of the agreement

1.1. Under the contract for the provision of paid services, the Contractor undertakes, on the instructions of the Customer, to provide the services specified in clause 1.2 of this agreement, and the Customer undertakes to accept and pay for these services.

1.2. The Contractor undertakes to provide the following services: _________________ ___________________________________________________________________________________

__________________________________________________________________________________

_________________________________________________________________________________,

hereinafter referred to as “Services”

1.3. The period during which the Contractor is obliged to provide services under this agreement is established: from “____” ___________________ 201__ to “____” __________________ 201__. During this period, the Contractor independently determines time intervals for the provision of specific services specified in clause 1.2. of this agreement, but at the same time notifies the Customer about the time of provision of services so that the latter can accept them properly. The Contractor has the right to complete the provision of services ahead of schedule.

1.4. Services are considered provided after signing the Certificate of Acceptance and Delivery of Services by the Customer or his authorized representative.

Rights and obligations of the parties

2.1. The performer is obliged:

2.1.1.Provide Services with proper quality.

2.1.2. Provide the Services in full within the time period specified in clause 1.3. actual agreement.

2.1.3. Correct free of charge, at the request of the Customer, all identified deficiencies if, in the process of providing the Services, the Contractor made a deviation from the terms of the contract, which worsened their quality, within ____ days.

2.2. The Contractor has the right to involve third parties in the provision of services under this agreement with the written consent of the Customer.

2.3. The customer is obliged:

2.3.1. Provide conditions for the Contractor to provide services, including ___________________________________________________________________________________

(presence of relevant Customer employees during the provision of services, provision of information, access to databases, etc.)

2.3.2. Accept according to the Services Acceptance Certificate and pay for the services at the price specified in clause 3 of this agreement within _____ days from the date of signing the Services Acceptance Certificate.

2.4. The customer has the right:

2.4.1. At all times, check the progress and quality of the work performed by the Contractor, without interfering with his activities.

2.4.2. Refuse to perform the contract at any time before signing the act by paying the Contractor part of the established price in proportion to the part of the Services provided performed before receiving notice of the Customer’s refusal to perform the contract.

Contract price

3.1. The price of this agreement consists of:

3.1.1. Remuneration to the Contractor in the amount of _____________________ (_______________________________________________________________) rub.

(amount in numbers and words)

3.1.2. The amount of expenses of the Contractor in the amount of _____________________ (_______________________________________________________________) rub.

(amount in numbers and words)

3.2. The price of this agreement is: _____________________ (________________________________________________________________) rub.

(amount in numbers and words)

Responsibility of the parties

4.1. For violation of the term for the provision of Services specified in clause 1.4 of this agreement, the Contractor shall pay a penalty at the rate of ___% of the contract amount for each day of delay.

4.2. For violation of the deadline for payment for Services specified in clause ____ of this agreement, the Customer shall pay a penalty at the rate of ___% of the contract amount for each day of delay.

4.3. Liability measures of the parties not provided for in this agreement are applied in accordance with the norms of civil legislation in force in the territory of Russia.

4.4. Payment of the penalty does not relieve the Contractor from fulfilling his obligations or eliminating violations.

Other conditions

5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the parties.

5.2. If it is impossible to resolve disputes through negotiations, the parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration to the court at the location of the Customer.

5.2. Any changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties. The appendices to this agreement constitute its integral part.

5.3. This agreement has been drawn up in two copies. Both copies are identical and have the same strength. Each party has one copy of this agreement.

Details and signatures

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Pros and cons for employee and employer

The following advantages of a civil agreement for an employer should be noted:

• the ability to pay less tax and receive certain benefits;
• when the performer uses personal belongings during work, their cost is not refunded;
• for a specialist there is no need to provide a social package, a workplace and food;
• no payment for social and health insurance is required;
• payments are not related to the wages of other employees.

Disadvantages for the employer include:

• inability to control the time spent on the implementation of services;
• if the employee is not an individual entrepreneur and does not pay taxes, then he is subject to an administrative fine;
• if there is one inaccuracy, the contract can be equated to an employment contract.

The benefits for the employee are:

• the cost of remuneration may exceed the wages of other specialists;
• lack of control by the customer;
• there is no need to comply with the internal work schedule;
• no need to take part in company events.

Disadvantages include the specificity of remuneration, lack of vacation and social guarantees.

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GPC agreement and employment contract: what is the difference

Let's compare these types of contractual relations:

1. Rules of law. An employment contract applies the terminology and rules of the Labor Code of the Russian Federation, and a civil employment contract is regulated exclusively by civil law.
2. Parties to the contract. When an employment contract is signed, its parties are called the employer and the employee; in a GPC agreement, these are the customer and the contractor.
3. Reward. Those who have concluded an employment contract receive a salary, that is, payment for work, and those who have signed a GPC agreement receive remuneration for the result of their work.
4. Guarantees. The employee receives social guarantees from the state, the employer pays him sick leave, vacation, etc., transfers contributions to social funds; the performer has no right to count on this.
5. Document on the completion of work. Not required when fulfilling duties under an employment contract, required when drawing up under a GPC agreement.
6. Work schedule. It is important for labor relations, but not important for civil law.

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Who can sign

The conclusion of the GPA is a convenient measure that allows you to use the services of an employee under a civil law contract, without bearing responsibility for it under the Labor Code of the Russian Federation. The employer is also exempt from some budget contributions (for example, to the Social Insurance Fund), but the application of the agreement is limited, since it does not imply hiring a permanent employee. The contractor has the right to leave the organization upon completion of the work and completion of the term. To find out whether a GPA can be concluded, it is necessary to determine with whom it can be concluded, who is the party to the contract and what the nature of the work is.

Foreign workers

From a legal point of view, concluding a GPA with foreigners is not prohibited. For the employer, this is more convenient than concluding an employment contract, however, it is not recommended to sign such a document if a patent has not been issued and there is no permission, as there may be troubles with tax authorities and migration authorities.

Only for Belarusians and Kazakhstanis there are no such restrictions under the contract with a foreign worker.

And yet, the GPA decides the issue of hiring when the previous patent is no longer valid and a new one has not yet been issued. Legally, it is possible to include in the clauses of the agreement with foreigners a clause establishing automatic termination upon loss of the right to work within the Russian Federation.

We recommend you know: how an outstaffing agreement facilitates interaction with foreign citizens when hiring.

Minors

The advantages of a civil contract include the legality of employing minors without registration in the state.

Main rules:

1. Citizens under 14 years of age are not allowed to sign the document.
2. All actions for a minor are performed by a parent or representative by law.
3. During the period of 14-18 years, an agreement is concluded with the child, but it cannot be done without written consent from the parents.
4. Child emancipation frees you from the need to agree on a document with your parents.

Health workers

As established by Article 2 of Law No. 323-FZ, approved on November 21, 2011, a medical worker is recognized as an individual who has a medical education and is employed in the medical field, or an individual entrepreneur whose activities are aimed at providing medical services.

When a contract is concluded with a medical professional, the model for the contract is an agreement on the provision of services on a reimbursable basis.

The condition for the performance of work by a health worker under the GPD is that the services provided are one-time, a limited period and the presence of a main place of work, on the basis of which the one-time nature of the services is recognized.