Author of the document
| Contract-Yurist.Ru offline Status: Legal company rating460 84 / 6 Private message Order a consultation | number of consultations: |
| noted as the best: | 5 |
| answers to documents: | |
| documents posted: | 927 |
| positive feedback: | |
| negative reviews: |
Information for the document
The correct conclusion of a contract for the provision of paid services will help to avoid problems in the event of its complete or partial non-fulfillment, as well as in the event of the customer’s refusal to make payment under it. The specifics of concluding and fulfilling obligations under a contract for the provision of paid services are regulated by Chapter 39 of the Civil Code of the Russian Federation.
Features of drawing up a contract
- Completed sample contract
- Contents of the agreement
- Features of concluding a contract
Contents of the agreement
Like any agreement concluded in writing, this type of agreement has a certain set of conditions, the presence of which in the agreement, if not mandatory, is desirable.
- Price – according to Art. 709 of the Civil Code of the Russian Federation is not a mandatory condition of this type of agreement. In addition to the cost of work, it includes the cost of the costs incurred, and is determined by drawing up a cost estimate. The cost of work can be indicated in a fixed amount or approximate. If the cost of work increases significantly due to an increase in the cost of materials, the contractor has the right to increase the price established by the contract.
- Deadlines - according to Art. 708 of the Civil Code of the Russian Federation, the parties stipulate the start and end dates of the contractor’s work. In addition, intermediate deadlines may be set. For their violation, the contractor bears responsibility established by the contract.
- Liability, as a rule, is related to the timing of delivery and acceptance of services provided, and is established in the form of penalties against the guilty party. If the concluded agreement does not define the measure of liability, then it is regulated in accordance with Art. 395 of the Civil Code of the Russian Federation, depending on the refinancing rate. You can avoid liability by proving the fact of force majeure.
- The rights and obligations of the parties boil down to the fact that, according to Art. 779 of the Civil Code of the Russian Federation, the contractor undertakes to carry out certain work or perform actions provided for by the concluded agreement, and the customer must accept them and pay for them within the terms specified in the agreement.
Features of concluding a contract
The main feature of the contract is the definition of the contractor and the documents required to conclude a contract with him, namely:
- Documents confirming his right to engage in a certain type of activity.
- License – if this type of activity is licensed. The list of such services is listed in the Federal Law “On licensing of certain types of activities”.
- If the contract is concluded with an individual entrepreneur, then it is necessary to request documents confirming its state registration.
- If the contract is concluded with a legal entity, then the contractor provides the data of the enterprise. Copies of constituent documents, information about its founders, the period of operation of the enterprise, its legal address and the details of the person authorized to sign documents on behalf of the company.
If the agreement is signed by power of attorney, then it must be issued by the first director of the company with which the agreement is concluded, or by a person authorized to sign.
Important! The constituent documents of the enterprise must indicate an exhaustive list of services that it provides. You need to read it carefully and make sure that the services you require are included in it.
In addition, the contractor is obliged to provide the customer upon first request with all available information about the services he provides with detailed explanations, if any.
The quality of the work performed, if its conditions are not specified in the contract concluded by the parties, in accordance with Art. 721 of the Civil Code of the Russian Federation are presented in accordance with the requirements established for similar work.
According to Art. 782 of the Civil Code of the Russian Federation, if the customer refuses to fulfill the contract, he is obliged to reimburse the contractor for all expenses incurred by him.
Payment for services can be made in parts or in full upon completion of the work. If the work was not completed due to the fault of the customer, he, in accordance with Art. 781 of the Civil Code of the Russian Federation is obliged to make full payment for services.
It is better to prepare documents in advance
A document is the best way to prove your case. We agreed on the terms - sign the contract, hand over the cash - take a receipt, if something was damaged - draw up a report. Such legal hygiene is useful for any person, and especially for an entrepreneur: you are constantly at risk.
In some cases, the Civil Code even requires that the transaction be in writing. For example, if the amount exceeds 10 thousand, a legal entity or individual entrepreneur is involved, a notary is needed, or there is a direct requirement of the law. Violation further increases the risks: it will no longer be possible to refer to the testimony of witnesses.
If you nevertheless agreed “in words” and a dispute arose, there are chances in any case.
Service agreement
City_____________________ "__"________________201__
_________________________________________________________________________ (organizational and legal form of the legal entity, name of the individual entrepreneur)
hereinafter referred to as the “Contractor”, represented by ________________________________________
__________________________________________________________________________________
(position, full name)
acting on the basis of__________________________________________, on the one hand, and
__________________________________________________________________________________
(organizational and legal form of a legal entity, name of an individual entrepreneur)
hereinafter referred to as the “Customer”, represented by ___________________________________________
__________________________________________________________________________________
(position, full name)
acting on the basis of,_______________________________________________ on the other hand have entered into this agreement as follows.
1. Subject and general terms of the agreement
1.1. In accordance with this agreement, the Contractor undertakes, on the instructions of the Customer, to provide him or the person specified by him with the following services:_________________________________
_______________________________________________________________________________,
and the Customer undertakes to pay for these services. Services are provided in the manner and on time,
established by the Schedule of Services, signed by both parties and being
an integral part of this agreement.
1.2. The Contractor undertakes to provide the services provided for in this contract personally.
1.3. Validity period of this agreement:
Start:___________________________________________________________________________;
Ending:________________________________________________________________________;
1.4. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full. In the event that the impossibility of performance arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for its actual expenses.
1.5. The customer has the right to refuse to fulfill this agreement subject to payment of the actual expenses incurred by him.
1.6. The Contractor has the right to refuse to fulfill this contract, subject to full compensation for losses to the Customer.
Rights and obligations of the parties
2.1. The Contractor undertakes:
2.1.1. Provide services in full compliance with the terms of this agreement.
2.1.2. Inform the Customer about the progress of the provision of services under this agreement.
2.1.3. Upon completion of the provision of services under this agreement, provide the Customer with a written report on the results of the provision of services.
2.1.4. Maintain confidentiality about the Customer's activities and information received during the provision of services under this Agreement.
2.1.5. Inform the Customer about the expected changes and consequences that may arise for the Customer during or as a result of the provision of services, if such changes and consequences are foreseen by the Contractor.
2.1.6. In the process of providing services under this Agreement, be guided by the interests of the Customer.
2.2. The customer undertakes:
2.2.1. Provide the Contractor with all information and documents necessary for the provision of services.
2.2.2. Organize the necessary conditions for the Contractor’s effective work (time, place, necessary equipment).
2.2.3. Accept and pay for the services provided in accordance with the terms of this agreement.
3. Delivery and acceptance of services
3.1. The report on the results of the provision of services is the basis for the parties to sign the Certificate of Acceptance of Services, which is drawn up by the Contractor and signed by the parties within three days from the date of delivery of the specified report to the Customer for the provision of services.
3.2. The Customer's claims regarding the quality and timeliness of the services provided are sent to the Contractor in writing within 5 (five) calendar days from the date of completion of the provision of services or their individual stages stipulated by the contract. Otherwise, the services are considered accepted without complaint.
Cost and payment procedure
4.1. The cost of services provided by the Contractor is ______________(____________
_____________) rub., including VAT at the rate of ____% for the amount of ___________________ rub.
4.2. Payment for services is made in the following order:________________________________.
Responsibility of the parties
5.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.
5.2. In case of full or partial delay in payment for services provided, the Customer shall pay the Contractor a penalty in the amount of ____% of the unpaid amount for each day of delay.
Other terms of the agreement
6.1. This agreement comes into force from the moment it is signed by both parties and is valid until the parties fully fulfill their obligations.
6.2. This agreement is concluded in two copies having equal legal force, one for each of the parties.
6.3. All issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.
6.4. All disputes arising in connection with the execution of this agreement are resolved
in court in accordance with the current legislation of the Russian Federation.
6.5. All changes and additions to this agreement come into force upon signing by both parties.
7. Signature details of the parties
Executor:______________________________________________________________________
Customer:__________________________________________________________________________
Signatures of the parties:
Contractor:____________________ Customer:_______________________
Download the document “Contract for paid services (standard)”
Agreement with LLC
An LLC agreement is a binding written transaction that implies mutual obligations between an individual and a legal entity.
Description
The agreement is concluded for any financial or commercial interactions, which is confirmed by Art. 161 Civil Code of the Russian Federation.
Required documentation for LLC representative:
- Charter of the Limited Liability Company;
- certificate of state registration of the Company;
- certificate of tax registration with the Federal Tax Service of Russia;
- extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities;
- if necessary, minutes of the meeting on the appointment of a director.
Documents for a private entrepreneur:
- passport or other identity document;
- official confirmation of state registration of individual entrepreneurs;
- extract from the Unified State Register of Individual Entrepreneurs.
Peculiarities
The structure of an agreement between an individual entrepreneur and an LLC is similar to the structure of an agreement between individuals. The document must contain the following items:
- date, address of signing;
- full passport details of participants;
- details of organizations - full name, division, KPO code;
- goals and plans of the participants;
- information about the subject of the agreement;
- rights and obligations of each person;
- responsibility of the parties, risks;
- payment options, cost per unit of goods or services, bank details;
- the possibility of changing the terms or terminating the contract, the consequences of non-compliance;
- the duration of the transaction;
- possible disagreements, methods for resolving them;
- force majeure, additional conditions.
Each copy is sealed and signed by the parties.
The personal presence of the customer or contractor is not necessary; you can send your representative. A notarized power of attorney is required for this.
Leave a comment on the document
Do you think the document is incorrect? Leave a comment and we will correct the shortcomings. Without a comment, the rating will not be taken into account!
Thank you, your rating has been taken into account. The quality of documents will increase from your activity.
| Here you can leave a comment on the document “Contract for paid services (standard)”, as well as ask questions associated with it. If you would like to leave a comment with a rating , then you need to rate the document at the top of the page Reply for |
About choosing the type of contract
A regular employment contract is signed with an employee for a long period when the work requires regular performance. GPA is in the case when you need to do something one-time. In practice, GPA is more beneficial for the employer, since with GPA the list of his responsibilities is much shorter than with standard labor relations. Let's look at the main differences between the two types of contracts.
Subject of the agreement:
GPA - Performing an action, obtaining a specific result.
Employment contract - The labor process itself - the employee is engaged in the performance of a specific labor function.
Nature of performance of duties:
GPA - The contractor can choose the place and time of work, and ways to achieve the desired result.
Employment contract - The contractor is subordinate to his manager and must comply with internal labor regulations.
Required tools:
GPA - The contractor must provide himself with everything necessary to perform the work, as well as monitor his safety.
Employment contract - Tools and equipment, all materials are provided by the employer, and he must ensure the safety of his subordinates.
Fact of execution:
GPA - The work can be performed by a third party - someone else.
Employment contract - The labor function is performed directly by the employee himself - personally.
Payment:
GPD - Usually - after the work is completed, an option with partial prepayment is possible.
Employment contract - Payment is made regularly, regardless of the performance of work, at the same time as other employees.
Let us note several important points that you need to know when concluding a GPA:
- If the court, by its decision, establishes that such an agreement between the two parties actually regulates labor relations of a standard nature, then all the norms of labor legislation will apply to these relations.
- If an employee receives regular payment under the GPA, then the tax authorities may well regard such activity as entrepreneurial. This will mean not very pleasant consequences for the employee.
- If the GPA is recognized by the court as a labor law, then problems will arise for the individual entrepreneur. This includes the payment of all amounts due to the employee (for example, vacation pay, which is not paid according to the GPA), and the transfer of arrears in contributions to insurance funds, and administrative responsibility, and a meeting with a labor inspector.
Comments on the document “Contract for paid services (standard)”
Reply 0
| 5 Lara | 01/07/2014 at 20:07:41 turned out to be useful |
Reply +1
| 5 Utekhina Maria Petrovna | 02/09/2014 at 01:07:24 Thank you!! |
Reply 0
| Alexander | 02/19/2014 at 17:55:23 Thank you, just what a private person needs. |
Reply 0
| Alexander | 04/10/2014 at 09:48:00 super |
Reply 0
| 5 Natalia | 05/19/2014 at 10:56:42 Guys, thank you!!! Exactly what is needed! |
Reply 0
| Irina | 05/25/2014 at 12:20:10 Thank you very much! |
Personal message | Reply 0
| 4 Makeev Vladimir Vitalievich Status: Client | 06/12/2014 at 18:51:44 Good afternoon. I found a sample of your Service Agreement. I am currently hiring workers (as an individual) to renovate my home. They are private individuals, but they agree to sign a Service Agreement with me and indicate in it guarantees for the quality of work. Please tell me if we can conclude such an Agreement between me (the owner of the house) and the foreman of the repair team (a private person who does not have any legal documents other than a passport of a Russian citizen). Maybe you have experience in drawing up a similar Agreement and you can send a sample to my E-mail Sincerely, Makeev Vladimir Vitalievich |
Personal message | Reply 0
| Chechetkina Ksenia Vladimirovna Status: Lawyer rating 12185 | 06/12/2014 at 19:58:22 reply to Vladimir Vitalievich Makeev Good evening. Yes, you can enter into such an agreement. But I would recommend drawing up an agreement taking into account your situation, that is, writing down all its terms in the agreement in as much detail as possible: deadlines, responsibilities, scope of work. Due to the specifics of the work (there may be additional costs for materials or work not provided for in the contract), it is better to prescribe the procedure if it is necessary to change the scope of work (coordination procedure, etc.). If necessary, I can draw up a contract on a paid basis, taking into account your wishes.
|
Reply 0
| Vladimir | 09/23/2014 at 22:40:57 useful |
Reply 0
| Julia | 11/11/2014 at 07:37:08 Good afternoon. My husband has opened an individual entrepreneur, entirely in construction. Currently he is engaged in apartment renovations, often taking on only a certain area of work. Can you tell me that a contract for the provision of services must include a certificate of completion of work? what form is needed? and how to document the money received from the customer [email protected] Thank you. |
Reply 0
| 5 Elena | 11/25/2014 at 11:39:50 Thank you. Found it useful |
Reply 0
| 4 Alexei | 12/10/2014 at 08:04:25 Thank you |
Reply 0
| Lily | 12/15/2014 at 23:03:24 Hello. I am an individual entrepreneur. I need to register a seller-loader for a very short period of time (to conduct an audit). Please tell me what document needs to be concluded with the individual. person, for the provision of services or an employment agreement? |
Reply 0
| Elena | 01/11/2015 at 17:39:06 Hello! Please tell me the cost of drawing up a contract on a paid basis, taking into account the specifics of my activity? |
Personal message | Reply 0
| Chechetkina Ksenia Vladimirovna Status: Lawyer rating 12185 | 01/13/2015 at 14:09:40 reply to Elena The cost of drawing up an agreement taking into account the specifics of the activity is 1000 rubles.
|
Reply 0
| Julia | 02/04/2015 at 12:45:05 Hello! At our enterprise (budgetary organization), during a tax audit, we require the provision of ORIGINALS of contracts and certificates of work performed. Scanned copies with signatures and seals of both parties, transmitted via fax and electronic communication, are not accepted, despite the fact that the Civil Code of the Russian Federation does not prohibit the existence of contracts with facsimile signatures and seals. Often we cannot provide the originals of contracts, because... We work with customers remotely and many simply forget to send our copies of contracts and acts. Please tell me whether it is legal to require us to provide only the originals of contracts and acts. Thank you in advance for your response. |
Reply 0
| Viktorovich | 04/10/2015 at 00:58:55 thank you, simple and clear |
Reply 0
| Marina | 04/27/2015 at 11:18:35 Good afternoon. Please tell me, can I conclude this agreement if I was invited to work as a Freelancer with the rights of a Partner, also a freelancer, he is registered with the company under a contract agreement, he works for himself. GPC is not in the cards for me - no one will pay taxes for me, but words are words, and some kind of paperwork needs to be drawn up between us. Thank you. |
Reply 0
| Alexander | 05/20/2015 at 16:27:59 Is it possible to see such an agreement only completed? |
Reply 0
| Alexander | 05/20/2015 at 16:36:10 How much will such a completed agreement cost? |
Personal message | Reply 0
| Chechetkina Ksenia Vladimirovna Status: Lawyer rating 12185 | 05/21/2015 at 08:49:47 reply to Alexander Good afternoon, Alexander. A completed contract will cost 500 rubles. If you want to make a large number of changes to the contract, then everything will depend on the number of conditions that you want to change.
|
Reply 0
| Tatiana | 05/21/2015 at 10:39:52 Please give an example of how to fill out such an agreement, thanks in advance |
Reply 0
| Elena | 06/23/2015 at 17:20:12 Thank you It is very useful to have such a sample on hand. And in general, a useful resource for the legal education of the people. Thanks to all! |
Reply 0
| Anton | 07/08/2015 at 04:24:21 what does acting on the basis of |
Personal message | Reply 0
| Chechetkina Ksenia Vladimirovna Status: Lawyer rating 12185 | 07/12/2015 at 21:24:17 reply to Anton If this is a legal entity, then it acts on the basis of the Charter. If this is an individual entrepreneur, then he acts on the basis of a certificate. For an individual, this does not need to be indicated, since the individual does not have such a document on the basis of which he acts.
|
Reply 0
| Anna | 08/03/2015 at 11:01:51 thank you, everything was very clear. |
Reply 0
| Sargylan | 08/14/2015 at 10:21:00 Thanks for the sample! More understandable, more humane |
Reply 0
| 5 Galina | 08/18/2015 at 17:12:58 What taxes must be paid under such an agreement? I am an individual entrepreneur. And is it necessary to submit documents to the Pension Fund of the Russian Federation within a certain time frame, that I HAVE ACCEPTED an employee. |
Personal message | Reply 0
| 4 Denisov Alexey Alekseevich Status: Client | 08/19/2015 at 15:01:44 I'll edit it a little, but that's what's needed. |
Reply 0
| 5 Alfia | 09/07/2015 at 21:23:54 Helpful. Your site is the best |
Reply 0
| 5 Anton | 05.10.2015 at 13:40:04 Thank you for the sample contract, it helped me solve my questions |
Reply 0
| 5 Elena | 10/23/2015 at 06:21:53 Thank you! The agreement was useful |
Reply 0
| Vitaly | 10/23/2015 at 19:10:13 Thank you. Helpful and well presented. |
Reply 0
| Natalia | 10/29/2015 at 11:11:58 thanks for the contract form |
Reply 0
| 5 Dmitriy | 11/18/2015 at 12:32:00 the contract is what you need. |
Reply 0
| Elena | 11/19/2015 at 20:15:02 Thank you, useful site and the necessary document in particular. |
Reply 0
| Olga | 01/25/2016 at 14:35:47 Comprehensive content. An ideal basis for almost any contract with the possibility of expanding on the desired topic. |
Reply 0
| 5 Olga | 02/03/2016 at 07:22:50 Great deal! Simple, legally literate, no frills. Just what you need. Thank you. |
Reply 0
| 5 Olga | 02/24/2016 at 09:20:47 Useful! I took it as a basis |
Reply 0
| Olga | 02/29/2016 at 13:01:00 Good standard contract. |
Reply 0
| Julia | 03/15/2016 at 19:44:24 good deal, has everything you need, thank you |
Reply 0
| Oksana | 04/07/2016 at 00:25:01 Thank you, a high-quality sample, it will come in handy! |
Reply 0
| 5 Elena | 04/19/2016 at 10:29:36 Thank you! the information was useful! |
Reply 0
| Sergey | 05/16/2016 at 21:46:06 This version of the contract is what you need! |
Reply 0
| 5 A.A. | 05/31/2016 at 09:34:07 Healthy. Thank you. Goodbye! |
Reply 0
| Zoya | 07/26/2016 at 08:02:13 A light and not overloaded contract. Thank you |
Reply 0
| 5 Basil | 08/10/2016 at 13:34:10 The form was useful |
Reply 0
| Natalia | 09/14/2016 at 19:36:13 useful thanks |
Reply 0
| 4 Bogdan | 09.26.2016 at 19:25:15 Is this agreement suitable for concluding with commercial and trading enterprises for the removal and disposal of their solid waste and garbage? Or are some additions needed here? |
Reply 0
| 5 Olga | 11/24/2016 at 11:35:50 Thank you, you helped a lot! |
Reply 0
| Elena | 01/06/2017 at 00:28:53 We have an LLC agreement with an individual entrepreneur. Usually we set a daily rate and at the end of the month we paid for the number of days worked. Is it possible in a contract for the provision of compensation, for example, 80,000 rubles. And in fact, pay, if you worked for 120,000, then 120,000, not 80,000. The individual entrepreneur asks to add a clause for his insurance. |
Reply 0
| Irina | 02/15/2017 at 12:43:52 I liked the good example of the contract, rating 5. |
Reply 0
| bones | 02/16/2017 at 15:22:21 yes, very useful, I looked at a bunch of sites, nothing useful |
Reply 0
| Alexandra | 03/15/2017 at 11:57:10 Thank you Everything is clear, clear and simple |
Reply 0
| 5 Irina | 03/31/2017 at 11:53:22 Thank you, the contract turned out to be what we needed. |
Reply 0
| 4 Maria | 04/28/2017 at 23:04:11 Thank you! Just what you need! |
Reply 0
| Michael | 05/31/2017 at 19:08:00 great oh very helpful |
Reply 0
| Konstantin | 06/13/2017 at 12:11:18 Pretty decent |
Reply 0
| serge | 06/30/2017 at 12:31:46 ok, it helped a lot |
Reply 0
| 3 Rinat | 07/02/2017 at 11:23:33 I hope I'll use it |
Reply 0
| 5 Oksana | 08/13/2017 at 23:54:38 Thank you! Very useful! |
Reply 0
| 5 Galina | 08/16/2017 at 11:32:00 Thank you Everything is clear, understandable and without any confusion. |
Reply 0
| Olga | 09/14/2017 at 07:06:14 Thank you, very useful. |
Reply 0
| 5 Natalia | 10.10.2017 at 21:54:08 was helpful, thank you |
Reply 0
| Elena | 11/24/2017 at 10:31:56 Thank you! , turned out to be useful |
Reply 0
| Valentina | 02/15/2018 at 14:54:16 Very useful, thanks |
Reply 0
| 5 Mikhail, Krasnoyarsk | 02/17/2018 at 20:26:12 Thank you very much. useful site. |
Reply 0
| Natalia | 03/02/2018 at 18:17:40 Hello, please tell me, we are planning to conclude a service agreement for a year with an individual who will perform the functions of an administrator. Such work does not imply any final result. Is this legal? |
Reply 0
| 5 Ruslan | 03/10/2018 at 15:25:18 For me, the standard agreement turned out to be clear, without unnecessary “water” and to the point. |
Reply 0
| Lily | 03/13/2018 at 12:31:59 Thanks for the contract form! |
Reply 0
| 5 Igor | 04/10/2018 at 00:45:15 thank you very useful site |
Reply 0
| Anna | 05/08/2018 at 16:20:27 Thanks for the agreement! Is it still necessary to add a clause about force majeure circumstances (force majeure)? |
Reply 0
| 5 Julia | 05/09/2018 at 14:34:47 Thank you very much for your work! |
Reply 0
| Lyudmila | 05/14/2018 at 00:29:07 The document is useful. Thank you. |
Reply 0
| Lydia | 06/15/2018 at 20:10:41 In the column details of the parties “customer” they wrote down my full name and, for some reason, my passport details. This is right ? |
Reply 0
| 4 Troskin Igor | 07/18/2018 at 09:25:52 The agreement is quite universal, I think the site is very useful for entrepreneurs. |
Reply 0
| 5 Victor Valentinovich | 07/26/2018 at 10:25:42 Thank you!!! It turned out to be useful |
Reply 0
| Irina | 07.11.2018 at 12:35:23 Thanks for your work! |
Reply 0
| 5 Tatiana | 11/15/2018 at 22:37:50 Thank you! I used this form to conclude an agreement with the Customer as a private individual. |
Reply 0
| oleg | 12/28/2018 at 14:23:13 Register as an individual entrepreneur - pay state duty, pay taxes, pay - rent for premises, buy equipment - for work, pay house rent (gas, heat, electricity, water, etc.) And again from the beginning Pay for the cash register, pay for the register, pay for maintenance and repairs receipts BO-3 Order to the printing house (pay again!) With income (dirty 25-30 t.r.) clean it turns out 7-12 tr. |
Reply 0
| 5 Anastasia | 01/17/2019 at 11:01:42 Thank you, it helped a lot |
Reply 0
| 5 MARINA | 02/10/2019 at 14:44:32 The sample helped me draw up my contract for the provision of tutoring services, thanks to the site!!! |
Reply 0
| Elvira | 02/19/2019 at 09:16:07 It turned out to be useful. Thank you. |
Reply 0
| 5 Irina | 02/21/2019 at 13:09:20 Thank you, you helped a lot! |
Reply 0
| 5 Alexander | 03/20/2019 at 09:04:43 Found what I was looking for thanks |
Reply 0
| Nick | 04/12/2019 at 14:26:36 Thank you. useful document |
Reply 0
| Christina | 06/07/2019 at 14:17:43 Thank you)! This is very useful information!!!!! |
Reply 0
| 5 Svetlana Yurchenko | 07/31/2019 at 09:13:00 From all the rubbish floating around on the Internet. Finally, a professional resource with competent wording. Thank you!!!!! |
Reply 0
| 5 Tatiana | 08/12/2019 at 19:36:34 clear universal agreement, turned out to be useful. thank you for your work. |
Reply 0
| Alla | 08/29/2019 at 22:43:20 yes, useful, thanks. |
Reply 0
| 5 Tata | 09/22/2019 at 22:54:47 Thank you! The agreement turned out to be useful! |
Reply 0
| 5 Elena Khristoforova | 10/15/2019 at 08:02:28 All is clear, thank you |
Reply 0
| 5 Sergey | 10.28.2019 at 18:38:00 Thank you, that's all to the point. And it’s good that you can download it. |
Reply 0
| Irina | 05.11.2019 at 20:43:17 Thank you! The agreement is useful. |
Reply 0
| Ira | 11/13/2019 at 15:10:14 very useful information, thank you |
Reply 0
| Nina | 12/09/2019 at 20:39:38 Thank you. Exactly what is needed. |
Reply 0
| Anna | 02/20/2020 at 12:46:02 Nothing extra. That's it. |
Reply 0
| 5 Nastya | 02/26/2020 at 15:38:22 Thank you very much, I couldn’t find a normal sample on many sites!!!! |
Reply 0
| 5 Andrey | 03/16/2020 at 08:10:31 thank you, very useful information |
Reply 0
| 5 Inna | 03/22/2020 at 15:40:33 Thank you. Useful and accessible information |
Reply 0
| Inna | 03/22/2020 at 16:42:41 in clause 1.4 there is an error regarding the costs incurred by him |
Reply 0
| Victoria | 02.06.2020 at 19:02:29 Good wording! |
Reply 0
| 1 Vasya | 06/22/2020 at 12:25:59 you stupid idiots………………………………………………….. |
Reply 0
| Alexei | 08/11/2020 at 08:21:11 turned out to be useful, regarding the law_links |
Reply 0
| Fedya | 08/11/2020 at 08:46:16 Nice site, lots of useful information. Thank you for your help |
Reply 0
| 5 Evgeniya | 08/14/2020 at 22:22:46 Great. Competently and completely |
Reply 0
| sleepyhead | 09/11/2020 at 14:25:13 everything is great thank you very much |
Personal message | Reply 0
| K.,jdm Status: Client | 09/12/2020 at 10:12:30 Please tell me, the LLC organization sews knitwear and has hired individuals. persons, for example 14 people for the period from 04/10/2020 to 06/30/2020. to sew masks by providing them with your equipment and materials? Is a PVC contract or a service contract suitable for them? I need it for a tax inspector who told me “how is it if the performers do not receive 2.5 months of salary, but only at the end?” I myself doubt how to draw up an agreement correctly so that the tax office does not find fault, if you help draw up an agreement on a paid basis, I will be grateful |
Reply 0
| Alexei | 09/17/2020 at 09:14:46 great, it's a pity that there is no bilingual |
Reply 0
| Irina | 09.28.2020 at 18:23:53 great deal. Thank you |
Reply 0
| Sherkhon | 10/22/2020 at 14:44:00 I'm from Tajikistan, can you help me? |
Reply 0
| 5 Olga | 12/17/2020 at 17:21:26 Great information site |
Reply 0
| Svetlana Popova | 01/21/2021 at 08:27:13 Very convenient document |
Video on the topic “Agreement for the provision of the principal”, represented by a person acting on the basis of one...
Agreement for the provision of services, work → Agreement for the provision of paid services
contract for paid performance ...
Agreement for the provision of services, works → Agreement for the provision of musical services by an individual
an agreement for the provision of musical services by an individual of the city "" 20g, hereinafter referred to as "customer ...
Agreement for the provision of services, work → Agreement for the provision of medical services with an individual
Agreement No. for the provision of medical services with an individual , "" 201 ( license No. dated "" 20...
Agreement for the provision of services, work → Agreement for the provision of paid security services
agreement No. for the paid provision of guards 201 (organizational and legal form of a legal entity , name...
Agreement for the provision of services, work → Agreement for the provision of paid security services
contract for paid services 20g. , hereinafter referred to as the “performer”, represented by the acting...
Agreement for the provision of services and works → Agreement for the provision of paid services for the removal of liquid household waste
Agreement No. on the paid provision of services for the removal of liquid household waste, "" 20, hereinafter referred to as &l...
Agreement for the provision of services, work → Agreement for the provision of paid services for the maintenance of installed video surveillance equipment
contract for the provision of paid services for the maintenance of installed video surveillance equipment...
Agreement for the provision of services, works → Agreement for the provision of paid services for the purchase, rental of real estate (information and consulting services)
contract for the provision of paid services for the purchase and rental of real estate No. "" 20...
Agreement for the provision of services, work → Agreement for the provision of paid services for periodic medical examinations (examinations)
contract for the provision of paid services for periodic medical examinations (examinations) in the city...
Agreement for the provision of services and works → Agreement for the provision of paid services for the removal and disposal of solid household waste for disposal
Agreement No. on the provision of paid services for the removal and disposal of solid household waste for the city of "" 20...
Nuances of the agreement between the individual entrepreneur and the employee
The task actually seems simple - every individual entrepreneur can find on the Internet a sample of filling out a standard employment contract and, by analogy, draw up a similar agreement. However, in order to avoid mistakes and misunderstandings, you should be aware of some features inherent in the document of this particular content. They are listed below.
Mandatory registration with local authorities
This feature of drawing up employment contracts between employees and individual entrepreneurs can be called the main one. The document, according to Article 303 of the Labor Code of the Russian Federation, must not only be drawn up and signed, but also registered in the department of labor and social issues, and if they are not in local authorities, then in the general department.
This procedure is of a notification nature. This means that the local government does not give permission for the entrepreneur to hire an employee - the individual entrepreneur simply informs her of this fact. However, if an error is detected in the text, in particular, it does not comply with legal requirements, it may be recommended to correct it.
According to the law, the registration of a trade union must be carried out by the employer himself.
It is interesting that the Labor Code does not provide for sanctions for violation by an individual entrepreneur of the requirements of Article 303. The reason for this is simple - they are in the Code of Administrative Offences. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine of 5 to 50 minimum wages is established for failure to register a trade union. The employee will also suffer. The entire “unregistered” period of his employment is not counted towards his length of service.
Violation of Article 303 also entails tax consequences. Expenses for remuneration of an employee who is not registered with local authorities cannot be included in the expenses of an individual entrepreneur (Article 221 of the Tax Code of the Russian Federation). Consequently, the tax base will increase by this amount.
If we summarize all this, the conclusion suggests itself that it makes sense for an entrepreneur to register an employment contract with an employee immediately after its conclusion.
Sunday is not necessarily a day off
Taking into account the specifics of the activities of many individual entrepreneurs, in particular the fact that they often trade in markets, the Labor Code provides for some expansion of possible working conditions for hired employees. Article 305 of the Labor Code of the Russian Federation indicates that an agreement on days off and paid annual leave is reached between the individual entrepreneur and the employee on the basis of mutual agreement.
In other words, when reaching an agreement with a potential employee, an individual entrepreneur can offer him to rest, for example, on Mondays and Thursdays. After signing the agreement, there can be no complaints about a day off on Sunday, “like all normal people.”
The employee also has rights, in particular to the legally established length of the working week or day. This is also stated in the mentioned Article 305, which protects workers from merciless exploitation. And the vacation should be as it should be.
Additional conditions for dismissal
It is easier for an individual entrepreneur to fire his employee than for the administration of a legal entity (LLC, company, etc.). The reason for these actions can be a wide variety of unforeseen circumstances. There can be any possible situation that puts the business of a modest individual entrepreneur on the brink of collapse: a batch of goods has hopelessly deteriorated, sales have fallen catastrophically, or something happened, after which there is simply no money to support the employee.
In this case, early termination of the employment contract at the initiative of the employer is possible. You should know that, according to Article 307 of the Labor Code of the Russian Federation, additional conditions for dismissal must be specified in the text of the document along with the amount of possible compensation (severance pay).
Related documents
- Agreement for the provision of paid services for the purchase and rental of real estate (information and consulting services)
- Contract for the provision of dental services
- Agreement for the provision of services for sewing workwear for government agency personnel
- Contract for the provision of services for sewing curtains
- Agreement for the provision of legal services-2
- Agreement for website creation
- Contract for sewing medical gowns for a medical institution
- Legal services agreement
- Agreement for the provision of legal services
- Agreement on the provision of services for sewing fur products
- Agreement for the provision of services for searching and purchasing an apartment
- Agreement for the provision of services for the provision of information on placing orders for the supply of goods, performance of work, provision of services
- Contract for the provision of services for the management of a cottage community
- Municipal contract for the provision of dressmaking services for an art school
- Agreement for the provision of services for the production of printed products
- CALCULATION of costs for the manufacture of garments
- Costing for sewing stage costumes
- Contract for maintenance of a non-public railway track
- Agreement for the provision of services for the current maintenance of the railway access track
- Agreement for routine maintenance and repair of a non-public access road
How to conclude an agreement with an individual entrepreneur so that it is not recognized as a tax scheme
The Supreme Court of the Russian Federation, in Ruling No. 302-KG17-382 dated February 27, 2017, recognized the conclusion of contracts for the provision of services, where the performers had the status of individual entrepreneurs, as a tax scheme.
The news immediately spread across the Internet, and not everyone understood the essence of the matter. Some particularly cautious businessmen decided that such agreements, in principle, could no longer be concluded. In fact, the situation is not at all so clear-cut. On June 21, 2017,
the Supreme Court did not prohibit the conclusion of contracts for the provision of services and performance of work by performers registered as individual entrepreneurs, but only made a decision on a specific case where labor relations were replaced by civil law ones.
The question of the possibility of ordering some work or services from a contractor without hiring him on staff has already been discussed many times at various levels. Even the Constitutional Court spoke on this topic, and the highest authority advocated that the customer and the contractor have the right to independently choose the nature of the formalization of their relationship.
From the Definition of the Constitutional Court of May 19, 2009 N 597-О-О: “Thus, the contractual legal forms mediating the performance of work (provision of services) subject to payment (paid activity), under a paid contract, can be an employment contract, as well as civil law contracts (contracts, assignments, paid services, etc.), which are concluded on the basis of the free and voluntary expression of will of the interested parties - the parties to the future contract.”
What is the essence of the problem
Why, then, do tax authorities so often recognize civil contracts with performers (and not only with individual entrepreneurs, but also with ordinary individuals) as illegitimate?
The reason, as always, is in money, in the amounts that go to the budget. Judge for yourself - when hiring an employee under an employment contract, the employer pays insurance premiums for him in the amount of 30% of the amounts paid (if there is no right to apply reduced tariffs). Plus 13% in the form of personal income tax is withheld from the employee.
If the performer is not accepted into the staff, but he is an ordinary individual, then the situation for the budget changes slightly. Personal income tax on remuneration is withheld in the same amount - 13%; the customer pays insurance premiums for compulsory pension and health insurance at his own expense, just as in the situation with the employer. The only difference is the contributions to the Social Insurance Fund; they need to be paid only if the civil contract provides for such a condition.
For the customer of services or work, concluding a GPC agreement with an individual is more profitable than hiring him on staff. Here there are savings not only on contributions to the Social Insurance Fund, but also on vacation pay, because the performer does not need to be sent on paid leave. And, in addition, according to a civil contract, the contractor is not entitled to sick leave, overtime pay, special clothing, creation of a safe workplace, provision of tools and materials, etc.
But the greatest savings on taxes and contributions are obtained if the parties (customer/employer and contractor/employee) enter into a relationship as independent business entities. In this case, the customer is not responsible for how the contractor fulfills his obligations to the budget to pay taxes and fees. Plus, the contractor himself, if he works for the simplified tax system for income, transfers to the budget not 13% of personal income tax, but only 6% of income.
Formally, the individual entrepreneur does not violate the laws, because he is legally registered and honestly pays taxes and fees for himself. “But I could have paid more!” – the Federal Tax Service decides. This means that it is necessary to ensure that civil law relations are transferred to the level of labor relations. For this purpose, even the most insignificant contractual terms are used, which can be interpreted as inherent in the employment contract.
What not to do
Of course, employers are also not always white and fluffy and sometimes think about their own benefit, bypassing the law. In the case considered by the Supreme Court, there was a situation where the customer intentionally registered his employees as individual entrepreneurs to reduce the tax burden. Moreover, there was only a single employee (manager) on staff, and the remaining 19 employees of the scrap metal receiving organization were entrepreneurs on the simplified tax system Income.
At the same time, all “independent business entities,” judging by the terms of the contracts with them, observed a work schedule with a lunch break, reported to the manager, bore financial responsibility, and performed duties in accordance with their job positions and specialties (cashier, logistician, foreman, mechanic) . Moreover, tax reporting for these individual entrepreneurs was submitted by proxy to the customer’s representative.
Here, indeed, it is difficult to accuse the Supreme Court of a biased attitude towards business, because there was a substitution of real labor relations with civil law ones. And for this, Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for a fine of up to 200 thousand rubles, plus additional taxes and contributions.
Real differences between labor and civil relations
The Supreme Court's ruling is a good illustration of the fact that not all labor functions can be transferred to the status of services or contract work. The activities of the performer under a civil contract must necessarily have a measurable result, accepted according to the act. Moreover, the customer cannot direct the activities during which this result is expected to be achieved, but has the right to accept individual stages of work or services.
This is if we talk about the essence of the relationship. But there are many more cases when the relationship between the customer and the contractor was not in reality an employment relationship, but at the same time the text of the contract contained conditions characteristic of employment contracts. That is, there was a discrepancy between the content and form of legal relations, and the tax authorities used this for their own purposes.
The table shows the main differences between labor and civil relations and their formalization in contracts.
| Employment contract | Civil contract |
| The subject of the contract is the employee’s personal performance of a job function on an ongoing basis. A specific description of job responsibilities is included in the contract or job description | The subject of the contract is the provision of a certain volume of services or performance of work that can be accepted under the act. The Contractor has the right to involve third parties to achieve the result. |
| The employee performs his functions at a workplace created by the employer and under his constant control | The customer does not control the process of performing work or providing services, but only accepts the finished result or certain stages |
| The employer provides the employee with everything necessary to perform the job function: premises, equipment, materials, raw materials, tools, protective equipment, special clothing, etc. | The customer does not guarantee the contractor the creation of conditions for performing work or providing services, and does not provide him with equipment and tools. However, if achieving the desired result depends on this, you can agree on partial or full provision of everything necessary by the customer |
| Wages are paid to the employee regardless of whether he has fully performed the labor function. It is allowed to apply disciplinary sanctions, but the salary cannot be lower than that specified in the contract | The remuneration to the contractor is paid only after he achieves the result and transfers it to the customer. If work/services are not performed for reasons beyond the control of the customer, no remuneration is paid. |
| The employee is obliged to comply with the work schedule and internal regulations. Overtime and work on weekends are paid additionally | The customer pays for the result obtained, and not for the efforts and time of the performer. Working hours are not recorded, additional time is not paid |
| In general, a contract with an employee is concluded without a validity period. Fixed-term employment contracts can be concluded only in situations permitted by the Labor Code of the Russian Federation | The contract is concluded for the period necessary to provide the service or perform the work. |
| It is possible to recover material damage caused by an ordinary employee only within one month's salary. Full financial liability is allowed only for certain categories of employees | If the contractor fails to meet the deadlines for work/services or does not provide them at the proper level, then the customer has the right to recover damages from him in full and in a short time. |
Thus, contracts with individual entrepreneurs can still be concluded, but they must formalize actually existing civil law relations and not contain conditions characteristic of labor relations.
1C-Start - free online service for registering individual entrepreneurs and LLCs
Post:
Comments
Comment on the rating
Thank you, your rating has been taken into account. You can also leave a comment on your rating.
Is the sample document useful?
If the document “Contract for paid services (standard)” was useful to you, we ask you to leave a review about it.
Remember just 2 words:
Contract-Lawyer
And add Contract-Yurist.Ru to your bookmarks (Ctrl+D).
You will still need it!
What services can an individual entrepreneur provide and receive under a contract?
Clause 2 art. 779 of the Civil Code of the Russian Federation includes the following types of services within the scope of application of a contract for the provision of services:
- medical (sample contract);
If an individual entrepreneur has a medical education, he has the right to obtain a license and provide medical services - veterinary (sample contract);
- audit (sample agreement);
- consulting (sample agreement);
- informational (sample contract);
- educational (sample contract);
- tourist (sample contract);
- others.
The last paragraph shows that the given list of services is not exhaustive and allows other services to be included in the scope of this type of contract, for example:
- accounting (sample agreement);
One of the options for services provided under the contract is accounting - legal (sample agreement);
- real estate agents (sample agreement);
- transport (sample contract);
- design (sample contract);
- translation (sample contract);
- courier (sample contract);
- construction (samples of the contract and appendices to it: estimated cost, payment schedule, list of services and construction terms).
This list, in turn, is also not exhaustive, since the range of application of the efforts of entrepreneurs is unlimited and includes only the most common and in demand services.
Features of the contract for the provision of cargo transportation services for an individual entrepreneur with an individual
Let's consider the nuances of drawing up a contract for the provision of services using the example of one of its types - a contract for the provision of transport services for cargo transportation (standard form) between the individual entrepreneur and the individual customer.
When transporting goods, you need not only a contract, but also a waybill
Such an agreement involves at least two parties: the cargo carrier (individual entrepreneur) and the shipper (you can refer to the parties in the text of the agreement as the Sender and the Carrier). As a rule, a third party is also involved - the consignee, or simply the recipient. Depending on who the cargo is addressed to, the role of sender and recipient can be either one person or different entities. Any client can send cargo to another person, to an individual entrepreneur or organization.
A citizen moves to another city and hires an individual entrepreneur to transport household belongings. At the destination, he can receive the cargo himself or delegate these powers to a third party.
In any case, according to such an agreement, the carrier undertakes to accept the cargo from the sender and deliver it to the recipient within the agreed period, for which purpose ensure the availability of a serviceable vehicle of sufficient capacity and its movement between points A and B of the ordered trip. In turn, the sender has the right to demand a replacement of the vehicle or refuse the services of the carrier if the proposed option does not suit him.
The agreement between the parties in this case must contain the following minimum set of sections:
- preamble with the names of the sender and carrier;
- the subject of the contract, which describes in detail the characteristics of the cargo, points of departure and destination, indicates the full name or name of the recipient, delivery times, it is possible to stipulate where and where the cargo is delivered: from door to door or from the carrier’s territory when the cargo is delivered there by force the sender, similarly with the receipt of cargo at the point of arrival, etc.;
- payment - it reflects the price and the procedure and terms of payments, for example, payment when sending cargo upon receipt or making an advance upon delivery with full payment upon receipt;
- all obligations of the parties when providing the service; for example, requirements for cargo packaging, features of delivery and packaging of fragile items, etc. may be indicated here;
- liability of the parties for violation or complete failure to fulfill the terms of the contract;
- the carrier’s obligations to ensure the safety of the cargo, packaging requirements and other similar conditions can also be stipulated here;
- the procedure for filing claims and resolving controversial issues;
- addresses and details of the parties to the transaction;
- signatures of the parties.
Along with the contract for the provision of cargo transportation services, an invoice (sample) is drawn up. The need for its registration is provided for by the cargo transportation rules in force since 2011. It will not be superfluous to sign a service provision certificate upon receipt of the cargo.
