Work under a contract without a work book in 2021: sample

What is the difference between a employment contract and an employment contract?

Recently, employers have begun to more often employ employees under an employment contract rather than under an employment contract. Workers, in turn, began to feel less protected. The absence of an entry in the employment record raises doubts about the employer and does not give confidence in the future. When an employment contract is concluded without a work book, such relationships can hardly be called working.

The main difference between such a contract and an employment contract is that these documents are regulated by different laws. The employment contract is the Labor Code, while the employment contract is the Civil Code of the Russian Federation. Both documents have legal force.

Many people worry about pension contributions, that if an entry is not made in the work book, then there will be no pension. The employer undertakes to make pension contributions under any terms of the contract. This is a mandatory clause; without it, employment will be illegal.

Why employers prefer this type of contract:

Lease agreement

Place of work, materials and daily routine are established by agreement with the employee
There is no need to pay social tax for the employee
There is no need to pay the employee for sick leave and vacation
You may miss out on bonus points
It is possible to be exempt from contributions to the employee’s social insurance

However, not everything is so smooth for the employer; there are also disadvantages:

The employer does not have the right to punish the performer of the work for violating the regulations.
The contractor has the right to recognize the employment contract through the court as labor
The tenancy agreement assumes equality of the parties. And they are called “Contractor” and “Customer”
It is impossible to bring an employee to administrative liability with a contract of employment

As for the employee, there are still disadvantages for him that are provided for by the Labor Code of the Russian Federation, but are not mentioned in the Civil Code. These include:

There is no provision for vacation paid by the employer.
The contract is concluded for a certain period, after which the employer has the right to remove the contractor from business. Also, the employer unilaterally has the right to terminate the contract at any time without warning.
When going on maternity leave, an employee will not receive benefits.
If an employee does not submit work on time, the employer has the right to deprive him of his salary.
If you are injured at work, the employer is not liable. There will be no payments. Moreover, sick leave will not be paid either.
There will be no additional payments beyond what is specified in the contract.
No benefits will be paid upon termination.
Experience is not taken into account.

For these reasons, workers do not seek to get a job under such an agreement. With a full social package, there is confidence that one day the employee will not be left without work and a penny in his pocket. The employment agreement is aimed at providing the employee with activities, and the employment agreement is aimed at obtaining the result of the performer’s work.

Remote work

A separate chapter is devoted to this type of cooperation in legislation - 49.1 of the Labor Code of the Russian Federation. But there are no big differences in the employment of a remote worker and a regular worker: the employee is obliged to obey all the rules and work schedule, the employer assumes the responsibility for paying contributions, taxes, providing the necessary materials and the scope of tasks.

A remote work agreement is also almost no different from a regular employment contract. The only thing is that the parties have the right to agree that no entries are made in the Labor Code (the document is not created if the person does not have it). An example of an employment agreement without entries in the book:

Contents of the contract and its structure

Like any document, an agreement on employment without registration has its own structure:

Document structure

At the top is the name and number, the place in which it is located, and the exact date.
Next comes the preamble. It specifies the main aspects of the contract, provides information about the parties and the purposes of concluding the contract.
The validity period of the document must be indicated.
Then the types, volumes of work provided, and working conditions are prescribed.
The next paragraph specifies the amount and terms of payment.
The following describes the obligations of the parties.
Indication of the conditions under which the contract is terminated unilaterally.
The amounts and conditions of penalties are prescribed.
Information of the contractor and the customer indicating contact details.
At the bottom of the document, the parties put their signatures and seals.

In all of the above points, you need to describe each point in detail. Thus, the working conditions clause specifically indicates working hours, place, conditions of internships, training and training, the duration of the probationary period, and the nature of payment for the duration of the training. The payment clause must clearly indicate the payment procedure, frequency, quantity, possible incentive payments, etc.

The responsibilities of the parties involved must take into account all aspects, from presence at the workplace to the respectful attitude of superiors towards subordinates.

In addition to the listed points, the employer and employee can add additional sections as agreed upon by each other. This could be, for example, issues of providing workwear. If this document is executed incorrectly in any of the points, it will lose legal force.

To draw up an employment contract without applying for a job, the form can be downloaded on the Internet. Then it needs to be edited according to the wishes of the contractor and the customer, insert the data of the parties, print it out, put signatures, stamps and that’s it. Within three days after the conclusion of such a contract, the employer is forced to draw up an order for employment and provide it to the employee for signature.

Sample agreement

The employment agreement for the GPC is drawn up with standard details and clauses generally accepted for various types of contracts.

In addition to the “header” indicating the parties, the place and date of conclusion, the agreement must contain:

obligations of the parties;
description of the calculation method and cost of work or services;
deadline for fulfilling obligations, duration of the agreement;
description of the procedure for resolving disputes and force majeure circumstances;
liability of the parties for failure to fulfill obligations;
acceptance certificate.

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Agreement between individuals

In some cases, there is a moment when work will be performed by an individual for an individual. The law does not prohibit the conclusion of documents of this kind. Most often, employees encounter this type of contract when working temporarily or casually. The document must indicate exact numbers: the date and duration of the agreement.

In the case where the contract is concluded by individuals, then it must be registered with the executive committee.

As much contact information as possible between the customer and the contractor should also be indicated. This is necessary so that if something happens, you can find an employee or employer.

To protect yourself on the part of the employee, it is necessary to enter into an agreement with a legal entity. Then, in the event of a conflict situation, it will be easier to achieve justice. A contract for the performance of work between individuals is least protected from the legal side. Because everyone is responsible for themselves.

Legislation

In the Russian Federation, all relations between employers and employees are regulated by the Labor Code (LC) of the Russian Federation, which discusses in detail the procedure for registering all types of interaction between the parties.

Working without an employment contract is sometimes legal and regulated by current legislation. For example, the work of a contractor performed for a client with the execution of an agreement, but without entering this fact into the form. The relationship between the employee and the employer is regulated in these cases by the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

The main types of activities not reflected in the labor report include:

part-time work;
hiring to a person not registered as an individual entrepreneur;
activities under a civil law agreement (GPC).

Employment agreement between an individual entrepreneur and an individual. face

When an agreement is concluded between an individual entrepreneur and an individual, where the individual entrepreneur is the customer, there are also some nuances:

Types of agreement

The customer may refuse to pay pension and insurance contributions
The customer may also not pay sick leave and vacation pay.
An individual entrepreneur can legally withhold wages
An employee who has gone on maternity leave is not retained a position and, accordingly, maternity benefits are not paid.
The customer is not obliged to provide an equipped workplace to the contractor

This document regulates the work activity of the performer for the remuneration specified in it. An individual entrepreneur reserves the right to pay additional bonuses and other incentives or not. An employer entering into an agreement with an individual is required to make tax payments on the individual’s income.

On the other hand, no one guarantees that the contractor will perform the work properly and will not unilaterally terminate the contract at any time. The employee sets his own hours and place of work. Therefore, the customer has no right to demand his presence in the office at a certain time.

In the case where the entrepreneur acts as a performer of work, the employment contract for an individual entrepreneur implies the absence of tax payments. An individual entrepreneur hired as a performer pays his taxes to the state himself. In this case, the customer exempts himself from additional deductions.

Work only for yourself

Plus

Self-realization.

This is a very significant factor for success in general. Working and creating your own business is a huge field for using your talents, a great opportunity for self-realization and ambitions (if you have them, of course).

There is no monetary ceiling.

It’s worth clarifying that business is different from business. But if you have taken the path of entrepreneurship, what prevents you from directing your business in a direction that is either closer to your spirit or more profitable?

Psychological factors.

As in the case of hiring, individual factors must be taken into account. I will highlight those key factors in personality traits that are necessary and significant in choosing a job. This is a strong will, great self-discipline, a free-thinking personality that does not tolerate restrictions, an innate leader (with such personal “parameters” you will be out of place in any other person’s work, and you only need your own business).

Cons

Freedom?

In fact, according to your mind, you will adapt to your superiors, and to yourself - you will adapt to the tax authorities, customers, suppliers, laws. Yes, in business there is more choice - but there are also more rules to play by.

I do what I want?

Oh, really? Unlike an employee who spent his 40 hours at work, you will work on your work twice as long without sleep or rest, without days off.

I'm the boss.

Subordinates are such creatures that they like to relieve themselves of responsibility and, in addition, create additional problems on your head. Will your ambitions withstand all those problems that will appear in a flurry from everywhere? (especially when you least expect it)

Self-realization.

Okay, just great, you have the opportunity to self-realize in accounting, the technological process from A to Z, in the psychology of a just tyrant, in kowtowing to local boyars... (very long list...)

Is a working relationship valid without an entry in the work book?

The law of the Russian Federation provides that labor relations can only be established if this is indicated in the official document of each employee - in the labor contract. In the case where it is the main place of employment for the employee, he performs more than one-time work, then such labor relations are illegal without proper marks in the book. If an employee is hired under a contract to perform temporary or one-time work, or hired part-time with the main place of work, then no entry is made in the employment record.

If an employee is employed full-time, even under a temporary contract, the employer is required to make an entry in the work book. If he has not done this, then the employee can safely go to the labor inspectorate with complaints about the employer’s illegal actions.

An employment contract does not provide social guarantees to the employee, but is very economical for the employer. On the other hand, in this case, no one gives the employer guarantees that the employee will properly perform his duties. Legally, such a document is valid, but does not provide labor freedom and security.

Top

Write your question in the form below

Verdict: should you work for yourself or should you still work for hire?

In general, this is a very complex topic. My experience (I was both an employee and an employer, and on my own, now I combine it) says that a comprehensive analysis is needed in making a decision.

Simple practical advice: you probably have friends in one activity or another - see how they are doing. I know successful, satisfied employees and eternal losers, would-be businessmen. In no case would I be categorical in offering you one specific path - without knowing your personality...

In general, only you can give the most correct answer to this question. In difficult questions, I do this: I take a sheet of blank paper, write down the question correctly and, depending on the question itself, I give the appropriate markings (pros, cons, severity, like or dislike...). (You only need to write by hand and in such a way that it is easy for you to understand what you mean - about the “magical” properties of this approach.)

Don’t believe if someone convinced you within a couple of sentences (all the various scammers, marketers, forex, pyramids) that it’s cool to work for yourself... You’ll be left without your last shirt.

The answer must be well thought out - your entire future life depends on it... and not only yours (think about others too, about those who depend on you).

: work for yourself or be a hired worker.

Why do you even need to know about the pros and cons of hired labor? Are there really other options besides working for “uncle”?

If you think that working for hire is the only possible source of income, then be sure to read and remove the program of slave thinking from your subconscious. This is what your parents, school, university and those around you methodically put into your brain. It's time to get rid of stereotypes and use your head, friends. Remember:

You always have a choice! You can choose hired labor, or you can work for yourself.

Each direction has its own advantages and disadvantages. This publication will focus on work for hire. I suggest starting with its advantages.

How to prove experience

It will be difficult for a citizen to prove length of service during the period of work under a GPC contract, but there is a possibility of doing so.

You must apply to the courts and attach:

directly the GPC agreement for the performance of work or services;
testimony of work colleagues during this period;
medical record if you have undergone monthly medical examinations;
statement of cash flow in the account to confirm monthly payments from the employer;
waybills if you worked as a driver;
powers of attorney issued by the organization during this period;
other documents proving the applicant’s activities during the disputed time.

In case of a positive court decision, the employer will be obliged to hire the employee and pay wages. At the same time, if the employer did not make mandatory contributions to the Pension Fund, then the insurance period will not be counted.

Who is a temporary worker?

You can also conclude a civil contract with employees. It is suitable when a specific job needs to be done. For example, create a marketing strategy or bake a cake. In our case, it is difficult to calculate the amount of work of a web analyst, and it is still unknown when it will be completed. Therefore, they enter into a fixed-term employment contract.

Registration of temporary workers

The same agency cannot find a layout designer. The services were offered by a young guy who wants to try himself in this direction. The employer entered into an agreement with him, and now the guy works on a permanent basis, but will be fired when the main employee is hired.

The date of the agreement is indicated.
The customer's side, a legal entity whose name is written in full and in accordance with the credentials, must be represented by a specific representative, for example, Antey LLC represented by the general director acting on the basis of order No. 15 of March 22, 2021. The second party is an individual, his surname and initials are indicated.
The section “Subject of the agreement” indicates:
Specifically the type of work or service provided by the contractor.
The customer's obligation to accept the result.
The deadline by which the work will be completed.
The section “Rights and Responsibilities of the Parties” defines the responsibilities of each party.
The section “Cost of work and payment procedure” determines the form and procedure for payment for work.
The last section specifies the duration of the contract and possibly other important terms.
The next section should stipulate how the procedure for delivery and acceptance of work performed or services provided will occur.
Sometimes a clause on special conditions is introduced, implying, for example, non-disclosure of information about the customer.
The details include the full legal address of the customer, an indication of his current account and INN/KPP, as well as the full passport details of the contractor, and an indication of the address and his current account.
Both parties sign the agreement.

Interesting: The debtor has been living in another region for 4 years

The next part is a description of the subject of the contract: here is what the contractor is obliged to do in accordance with the contract, or an indication of the result that the customer expects from the person. In the same section, the deadlines for completing the work, the quality of the work, methods of monitoring the volume of work done, and other details related directly to the subject of the contract are recorded. It is in this part that details that are difficult to indicate in a pre-prepared template are extremely important.

Employee employment agreement - use a sample or draw it up yourself

Contract , the performance of specific work in specific lines, here it is implied that the contractor orders specific work, and the contractor completes it at the agreed time and delivers it to the customer. This ends the agreement.
Provision of paid services - the provision of specifically specified services, this type of contract can be long-term, it is often concluded by people of creative professions: photographers, graphic designers, teachers also provide such services, we often encounter the provision of paid services when searching for a tour operator. The contract implies the provision of a specific service and terminates after its receipt.
Agency agreements are not uncommon in the legal field, where lawyers carry out certain actions on behalf of the client. Having completed an assignment, for example, representation in court, the agreement is terminated.
Agency agreements assume that the hired employee carries out activities on his own behalf, for example, the services of a detective or lawyer, and then brings a report to the customer and receives payment.
Commission agreements presuppose an activity, payment for which will be a commission from the transaction.

Mandatory annual paid leave is a tangible benefit to legal employment. Working for more than two years in a row without providing vacation is directly prohibited. In an unofficial job, you will most likely have to settle for leave without pay.
The official employer pays contributions for pension, social and health insurance. Therefore, employees of such an organization, if they are unable to perform work functions, are paid sick leave and parental leave. They are insured against work-related injuries and will receive a pension in old age.
Work under an employment contract means paid business trips, student leave, severance pay for staff reductions and other guarantees and compensation.
When working with the conclusion of a contract, certain categories of employees are provided with an additional set of benefits and compensation. In particular, this applies to women during pregnancy and childcare, minor workers, part-time workers, people working in the Far North and on a rotational basis. Illegal work will put citizens who fit these categories at an extreme disadvantage.
An employer who hires personnel under employment contracts is obliged to comply with labor protection requirements. It provides workers with personal protective equipment, special clothing, and organizes therapeutic and preventive nutrition in hazardous working conditions. Existing labor standards oblige employers to create safe working conditions.

So, the main criteria by which a relationship can be recognized as an employment relationship:

internal labor regulations have been established;
there is a permanent salary;
the same work is done systematically;
there is a workplace and it is equipped;
The terms of execution of the contract have not been established.

These criteria are important for the following categories:

tax authorities and the Pension Fund. The tax authorities are interested in requalifying the employment contract into an employment contract, because this will allow additional taxes to be assessed. Most often, an enterprise enters into a rental agreement with an individual entrepreneur, and the employer saves on taxes. He often asks his employees to obtain registration as individual entrepreneurs in order to then formalize their work under a civil law contract;
Labor Inspectorate and Social Insurance Fund. It is important for them to re-qualify the contract for collecting fines (for violation of employee rights) and for receiving insurance premiums;
the workers themselves. They can demand judicial recognition of the employment relationship with the customer if the employment agreement actually characterizes this relationship as such. The motivation is easy to understand - the employee wants to receive the benefits and guarantees he is entitled to under the Labor Code. When it is the employee himself who files a claim, the court most often meets him halfway and reclassifies the GPA as a labor law. Therefore, the most dangerous situation for an employer is when an employee goes to court.

Summarize. It is important to choose the correct form of contract in advance.
If the contract is classified incorrectly (a civil law one is chosen instead of a labor contract), then, if necessary, in court such a contract can be reclassified as a labor contract. What will follow is that the employer will be forced to perform the following actions , which he may have wanted to avoid:

he will have to pay the employee’s salary in full;
the employee will have to be included in the staff of the enterprise;
pay moral damages;
add part of the taxes;
pay contributions to the Social Insurance Fund;
pay a fine;
pay legal costs.

Registration period: unlimited or urgent

Every successful company hires employees sooner or later. If you fill them out improperly, you can be subject to sanctions and owe the employee a large sum. The law offers several options for formalizing relations with employees, from which the employer can choose the appropriate one. First, let's understand the terms.

Terms of contracts

GIT does not often go to court to re-qualify contracts with individual entrepreneurs. The status of an entrepreneur implies greater security when working with customers and the possibility of not complying with internal regulations.

Thus, the employee employment agreement allows the company to recruit performers for certain orders without paying taxes and insurance premiums. The financial benefit for both parties is offset by a reduced level of control over the progress of the project.

A civil agreement is concluded only for a limited period or until certain goals are achieved. In this case, the performer receives a reward, not a salary. The payment schedule is agreed upon in the document. As a rule, remuneration is paid upon acceptance of the completed order, but advance payment of labor is also allowed, in accordance with certain stages of performance.

pros

the procedure for temporary employment of a performer is simplified;
the remuneration is transferred in its entirety, mainly without paying taxes and insurance premiums;
vacation, sick leave and other amounts guaranteed by the employment contract are not paid to the hired employee, and his job is not retained.

vacations and sick leave are not paid, vacation is not provided at all, this is an element of the labor relationship;
insurance contributions are not deducted, as a result of which the employee’s guarantees are reduced;
lack of incentive and compensation payments, including bonuses;
lack of liability of the employer in case of industrial injuries (if the damage is not caused by the fault of the customer).

Interesting: Calculation of insurance premiums, GPH agreement

Video

A specialist in the field of labor relations explains how an employment contract differs from a GPC contract.

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Positive and negative aspects of an employment contract for an employee

Benefits for the employee:

the right to a salary not lower than the minimum wage;
the right to be included in the state;
the right to social guarantees: salary (at least twice every month), vacation, guarantees for family workers, additional days off, overtime payments, etc.;
the right to ensure labor functions: conditions for work, elimination of obstacles to performing work;
the right to compulsory social insurance;
developing work experience for retirement.

Disadvantages for the employee:

he must comply with the work schedule. For violation, he may be punished, including dismissal;
If the employment relationship is formalized by an individual entrepreneur, then he does not pay UST from his salary. Instead of the tax that the employer calculates and pays at a rate of 35.6%, the individual entrepreneur employee himself pays a tax of 13.2%.

Dismissal procedure

According to the rules of the Civil Code of the Russian Federation, the relationships under consideration are not subject to the rules of labor legislation. There should be no talk of dismissal as such. The termination of the contractor’s obligation to perform work or provide a service is understood as termination of the contract.

The procedure for terminating the relationship is usually specified in the text of the agreement. If not, then the employee simply ceases to fulfill his obligations, or the customer notifies the contractor that there is no need for his further work or services.

Responsibility to the labor inspectorate

Concluding a rental agreement without obtaining a work record book will be a gross violation of the law. It is not uncommon for employers to hide labor relations by concluding a GPA and including clauses that actually turn the contractor into an employee. Such violations may be detected by the tax inspectorate during a scheduled audit. A citizen can himself demand, through the Labor Inspectorate or the court, a change in the status of the GPA.

The responsibility for maintaining a document recording a citizen’s work history is assigned to the employer; for violation of the rules, the law provides for appropriate sanctions. When the Labor Inspectorate receives a complaint from a citizen about a violation of his rights, grounds arise for conducting an unscheduled inspection.

If violations are detected, the official and the organization itself are brought to administrative responsibility under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation. To check the site for fraud, read our article.

Do I need to pay fees?

The Tax Code (TC) of the Russian Federation and letter of the Ministry of Finance No. 03-04-06/24982 dated May 26, 2014 directly indicate the need for the customer to calculate, withhold and pay personal income tax (NDFL) from the performer of work or services under the GPA. This requirement remains even if the contract directly states that the responsibility for calculating and paying personal income tax lies with the citizen, since the organization or individual entrepreneur is a tax agent, as stated in the letter of the Ministry of Finance of Russia No. 03-04-05/12891 dated 03/09/2016 .

In addition to the income tax for individuals under GPC agreements, insurance premiums for compulsory pension and health insurance must be accrued in the general manner, as determined by Article 420 of the Tax Code of the Russian Federation. Thus, GPA must be included in the calculation of insurance premiums for an organization or entrepreneur.

At the same time, remunerations paid under the GPA are not subject to contributions for compulsory social insurance in the event of temporary disability and in connection with maternity, which is enshrined in Article 422 of the Tax Code of the Russian Federation. Contributions for injuries are not charged, except in cases where this is expressly stated in the text of the contract.