Sample form of an employment contract with a work manager (foreman)

Types of GPC agreement

There are three types of GPC agreements, differing in their content:

• a contract where, within the framework of the document, a citizen must perform certain work, for example, produce a part necessary for industrial equipment. The result of the work must be provided to the customer on time and paid in accordance with the terms of the contract;
• an agreement for the provision of paid services, concluded in order to generate income for one-time services provided by the contractor in the interests of the customer;
• contracts for the performance of original work. These include writing a number of publications for the magazine.

Career

Along with the Labor Code of the Russian Federation, relations between individuals and/or legal entities related to the implementation of labor activities may be based on another basis - civil law.

In particular, a number of contracts formalizing the implementation of various types of labor activities are provided for by the Civil Code of the Russian Federation.

Among the civil law agreements regulating relations associated with the implementation of labor functions are the agreements provided for by the Civil Code of the Russian Federation: - contracting; — on the implementation of research, development and technological work; — paid provision of services; — transportation; — transport expedition; - instructions; - commissions; — agency; — trust management of property. Civil contract with an employee (with an individual) sample (DOWNLOAD) (Word format) Contractual relations in the labor sphere are also provided for by separate federal laws. Among

Contents of the GPC agreement

Mandatory details of the contract are:

• subject (result of performing work/providing services);
• deadlines;
• rights, obligations, responsibilities of each party;
• amount and terms of payment;
• procedure for changing and terminating contractual relations;
• full details and signatures of each party.

The document must also mention the establishment of penalties for violation of deadlines for the completion of work, compensation for losses in case of damage to the customer’s property.

The result of the final and intermediate work (service) is accepted by the customer on the basis of the transfer act. This, in turn, is the basis for payment under the contract.

Sample act of provision of services under a GPC agreement. doc

Pros and cons of a civil law contract

For each of the parties, this type of relationship has its own advantages and disadvantages; let’s consider them in more detail.

For the customer

Pros:

• personnel records management is excluded;
• payment is made based on the results of work performed (services provided) in accordance with the GPC agreement;
• no need to equip a workplace;
• there is no concept of sick leave, vacation pay and other social guarantees in relation to the performer;
• the insurance premium for the Social Insurance Fund is not calculated, except in situations where this is stipulated by the contract.

Minuses:

• it is impossible to present requirements for qualifications and work experience to the contractor under a civil contract, in contrast to hiring an employee under an employment agreement;
• The customer does not have the right to control the process of performing work (rendering services) unless the possibility of intermediate acceptance has been established;
• the internal regulations of the organization do not apply to the performer;
• when concluding a GPC agreement with an individual, the customer is obliged to calculate and pay taxes and insurance payments on the income paid;
• there is a risk of reclassification of a civil law contract into an employment contract.

For the performer

Pros:

• Despite the simplicity of hiring, the time of performance of work (provision of services) under a civil process agreement is included in the insurance period, which allows the accumulation of pension coefficients through the payment of insurance contributions by the customer to the Pension Fund of the Russian Federation;
• the work of the contractor is not subject to the work schedule of the customer and is not controlled by him throughout the duration of the contract. The exception is the terms of the contract when intermediate results are accepted;
• if necessary, the contractor has the right to seek help from third parties.

Minuses:

• The contractor is not a full-time employee of the customer; his payment for his labor is established only under the GPC agreement and may be less than the minimum wage. If the work is carried out under an employment contract, wages cannot be lower than the minimum wage;
• you need to equip the workplace yourself;
• there is no concept of social guarantees;
• The period of work under a civil contract is not taken into account when calculating unemployment benefits.

Features of the contract with the driver

Ways to formalize labor relations with the driver

There are several main ways to regulate all relations between drivers and the administration:

1. By introducing a position into the company's staff. This option is acceptable in the case when the work is performed on an ongoing basis and such an employee has a full workload throughout his working day. An employment contract is concluded with the driver, he receives all social protection guarantees, and he is regularly paid a salary for his work.
2. Through the relationship between the individual entrepreneur and the administration. To do this, the driver must register as an individual entrepreneur. Further relations with a legal entity are carried out on the basis of an agreement (this can be a contract for the provision of services, supplies, and others).
3. By signing a civil contract. Here the driver acts as an individual who, at his own peril and risk, as well as under his own personal responsibility, undertakes to fulfill the conditions prescribed in the contract, and the administration will have to pay the driver a remuneration for this.

Remember, any type of agreement must be signed by two parties, must have a signature date, obligations that the parties undertake, as well as conditions for mutual responsibility.

In order to correctly select the type of contract, which in this particular case is advisable to conclude with drivers, it is initially necessary to analyze the volume and nature of the work to be performed, its frequency, the presence of special conditions, other important points (including those provided for by legislative or regulatory documents ), which may influence the final decision.

How does a GPC agreement differ from a labor agreement?

Different principles of legal regulation apply to employment and civil law contracts. We present the differences in the form of a table.

In the GPC agreement, it is important to use language that will not allow it to be recognized as a labor contract. To do this, you should avoid the following points:

• indicate the job function. The subject of the GPC agreement is the result of performing specific work (rendering services);
• set the same monthly fee;
• organize the contractor’s workplace on the customer’s premises;
• obey internal labor regulations;
• lack of deadlines for completing work and delivering intermediate and final results;
• establish social guarantees (paid leave, sick leave, etc.);
• pay travel expenses.

If the GPC agreement is recognized as a labor agreement, the employer will be required to make additional contributions to the Social Insurance Fund and pay penalties. In addition, the organization faces a fine of 50 to 100 thousand rubles.

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