Rules for hiring a freelance worker

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High activity and constantly growing needs in the operating conditions of any company or organization are gradually forcing employers to pay attention to the possibility of involving a freelance employee in the process. He can carry out a special assignment and calmly terminate relations with the organization, without resorting to legal red tape and other problems. This is convenient for both the employee and the company. Therefore, in order to have a good understanding of hiring a freelance employee, it is enough to understand this area.

Who is a freelancer?

A freelancer is a hired worker who is involved in the general work process to perform some specific work.
There can be a variety of qualifications in this area, from ordinary workers to professionals in the field of creating a website and assessing the development strategy of an organization. In other words, a freelancer has the name “freelancing”, which has become very popular and is being actively embraced by the market, both from employees and from organizations.

At first, freelancing was considered to be workers who come, do work and leave. Now a freelancer can be a permanent freelance worker whose activities are aimed at performing various company tasks and at the same time he has the opportunity to be at home. In most cases, this type of work is distributed through the use of the Internet. But freelancing is far from the only definition of a non-staff employee; for example, employees with whom a civil law agreement is concluded similarly receive the status of a non-staff employee.

Recruitment

In order to hire a non-staff employee, just follow a couple of steps:

1. Ask the citizen to bring the necessary package of documents.
2. Make an agreement with him.

It is worth making a few additions to this instruction for hiring a non-staff employee to make everything clear:

1. The required package of documents includes: a passport or any other document confirming identity (TIN, SNILS and work book are not required). This item also includes a document indicating or confirming the registration address on the territory of Russia (as a rule, this document is required for foreign citizens).
2. There is no need to conclude an employment contract with a citizen; in this case, it is enough to use a civil agreement. In addition, it has a division: a contract agreement (involving that a worker is hired to perform a certain amount of work) or a contract for services (in which case it is assumed that a non-staff representative will provide certain services).

As for the very content of the agreement on hiring a non-staff employee, it must necessarily contain the following points:

1. Describe all the items and the scope of work performed or the type of services (this means a detailed description, taking into account all the specifics, features and important points; you should not try to shorten this item).
2. The exact deadlines for completing the work must be indicated (the number of hours worked or even the work schedule can similarly be attributed to this).
3. The responsibilities of the freelance worker must be indicated in terms of reporting on the work done (usually in this case the need to provide a certificate of work performed is indicated).
4. The amount of remuneration that the employee will receive is indicated.
5. It must be noted when payment will be received and in what way it will be made.
6. The rights and main responsibilities of each of the parties who sign must be outlined.
7. Special conditions are noted under which the agreement may be terminated.
8. Data must be provided regarding the complete information of the organization (indicating the manager), as well as information about the employee himself (passport details, place of residence and full name).

A special condition of this agreement is that it can be terminated early, but only if a situation arises that must be specified in the document. In addition, other conditions may be included in the document, but only with the consent of both parties.

How to take - step by step instructions

As you can see from this step-by-step instructions, in order to hire a freelance worker, you only need to complete 2 steps - request documents from him and draw up an agreement based on them.

Conclusion of a GPC agreement

To hire a freelancer to work with a citizen, it is necessary to conclude a civil contract. The following documents are required from the hired employee:

• passport or other identity document;
• a document confirming the registration address in Russia (for foreigners - place of residence or stay).

Unlike regular staff, a citizen hired from outside the state is not required to have an INN, SNILS, or work book.

The HR department no longer needs to:

1. filling out personnel documentation;
2. registration of a personal card;
3. personal business establishments;
4. drawing up an admission order.

Upon termination of the relationship between the employer and the freelance employee, a dismissal order is not required.

So, relations between the parties during freelance work are regulated by a single document - a civil law agreement, which determines the scope of work, the deadline for its completion, the procedure for remuneration and termination of relations.

Design features

Under a civil contract, a citizen is obliged to carry out temporary work or provide services for a certain payment. Depending on the nature of the functions performed, there are varieties of such an agreement:

1. work agreement;
2. service agreement.

A contract involves a freelancer performing a specified amount of work for a certain remuneration paid by the employer. The rules for its registration are regulated by Chapter 37 of the Civil Code of the Russian Federation.

Under a service agreement, the employee provides certain services for the employer for an agreed fee. The procedure for drawing up such an agreement is regulated by Chapter 39 of the Civil Code of the Russian Federation.

The main difference between a civil contract and an employment agreement is that the first involves a one-time transfer to the employer of the results of the activities performed (work performed, services rendered).

The fact of transfer is formalized by a special act of work performed or services rendered. The document must indicate what work was performed (services provided) and the amount of the contractor’s remuneration.

The act is attached to the main contract, which is drawn up in two copies upon hiring and certified by the signatures of both parties: the employer’s representative and the freelancer.

The nuances of hiring a freelancer

As with any other activity, when hiring a freelancer, you need to remember the nuances. But it is worth considering that the number of nuances directly depends on what exactly is taken into account and what level of regulation concerns this process. All the nuances of this process come down to the agreement:

1. It is necessary to carefully draw up this agreement and try to comply with all the details.
2. Any inaccuracy can be exploited by the employee.
3. You should not try to deceive the employee; it is better to do everything honestly and taking into account all the features of a specific focus.
4. You should not try to violate the terms of the contract, since judicial practice in this area has extensive experience and employers often lose cases (in fact, employees rarely try to deceive the employer).
5. Remember that in addition to the terms of the contract, you should not forget about the legislative framework of the Russian Federation, which must be observed in any case, regardless of the type of contract.
6. You should be extremely careful when employing foreign citizens, since this aspect may have a lot of “pitfalls”, and to understand this, you just need to carefully read all the conditions and features of hiring foreign citizens.

If, on the contrary, you want to become a freelance representative of an organization, then the only thing you need to remember is to carefully read the contract. It is worthwhile to carefully and thoroughly review this document in order to immediately become familiar with all the conditions, main work, payment, responsibilities, rights and other information. If you signed an agreement and did not read it, and there were conditions that were unfavorable for you, then you will not be able to correct the situation, since this result arose due to inattention and in any case you will have to come to terms with it (the exception is conditions that violate the law and human rights) .

The employment of freelance workers is accompanied by the execution of a contract. The parties agree on the number of works, services and the amount of payment for labor. A special feature of registering a freelance worker is the limited period of his employment and the determination of the specific volume of required work (

Let's designate the distance

The HR department employee and the head of the enterprise need to understand that such an employment contract can only be concluded with those employees who can perform their work remotely, via the Internet. Therefore, in the “Subject of the contract” section, be sure to write down the main characteristics of a remote worker:

• the employee performs his labor functions outside a stationary workplace controlled by the employer;
• For work and interaction between employer and employee, public information and telecommunication networks, including the Internet, are used.

The date of hire and the duration of the probationary period are formalized as standard. But in the “Place of work” column you should indicate the employee’s address. This is not necessary, but it is important if the place of residence of the “remote worker” is one of the regions of the Far North or an equivalent area. You will have to pay all the required allowances to such an employee.

Kontur-Personnel takes into account all the nuances of applying for a job as a remote employee

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The need for freelance employment

There are several reasons and cases in which freelancers are employed. Hiring a freelance employee is carried out by concluding several types of contracts.

When formalizing relationships, it is necessary to competently draw up agreements in accordance with legal norms. Each type of contract has its own characteristics when concluded.

Rights and responsibilities: how to protect yourself{q}

Most of the provisions of the “Rights and Obligations of the Parties” section of the contract with a remote employee do not differ from the provisions of a standard employment contract, but it should include several additional clauses.
We are talking, for example, about the employee’s obligation to use equipment, software and hardware, information security tools and other means provided or recommended by the employer. If you need to strictly control a remote employee, record the timing of contacting you through available means of communication: “The employee must be available for requests from the Organization using the telephone or Skype from 10:00 to 16:00 on weekdays.” Here, in the employee’s responsibilities, indicate the procedure and deadlines for submitting reports on the completion of work.

https://www.youtube.com/watch{q}v=D7XKkdmogYw

Sample employment contract for remote work

Since communication with the employer, setting tasks, transferring the finished product and/or reporting in most cases occurs via the Internet, the employment contract for remote work should define the format of feedback and the timing of confirmation that the other party has received the information. This could be a reply letter, SMS message, phone call.

In the “Employer's Responsibilities” section, in addition to the mandatory clauses on compliance with the Labor Code of the Russian Federation, timely payment of wages, etc., indicate the conditions for compensating an employee for costs associated with performing work functions: expenses for the Internet, mobile communications, rental of equipment and a workplace in a coworking space, and etc.

Particular attention should be paid to the employer’s responsibilities in the field of labor protection. In relation to a remote employee, the organization must comply with the requirements of paragraphs 17, 20, 21 of Art. 212 of the Labor Code of the Russian Federation and familiarize employees with the rules for working with equipment and tools recommended or provided by the employer. The remaining paragraphs of Art. 212 does not apply to remote workers.

“The working hours and rest hours of the Employee are established by the Employee at his own discretion, taking into account the need for interaction between the employer (Organization) and the Employee on issues related to the performance of work. The working week is 30 (thirty) hours. Days off are Saturday and Sunday."

Why is it necessary to so scrupulously prescribe the reporting regime and feedback format{q} Violation of these provisions by a remote employee may become grounds for termination of the employment relationship. The Labor Code of the Russian Federation allows the inclusion of additional conditions for its termination at the initiative of the employer into the employment contract for remote work (Article 312.5).

For example, if an employee twice sent a report late, has repeated complaints about the quality of the reports submitted, does not communicate within the agreed time frame, etc. - all this is a completely legal basis for dismissing a remote worker, if this is specified in the employment contract.

I’ll say right away: the Labor Code of the Russian Federation does not provide for such a form of hiring as an out-of-state specialist. Therefore, if you have entered into an employment contract with an employee, he is subject to the same rights and obligations as specialists who come to the office five days a week.

In practice, the difference comes down to the fact that his position is not included in the staffing table, or you are looking for a specialist to help full-time employees. For example, you have two locksmiths, but from time to time they cannot cope with the volume of tasks, so you attract a third specialist.

In such cases, the rights and responsibilities of a freelancer are no different from the rights and responsibilities of other employees in your company.

Sample employment contract that can be concluded with a freelancer

We invite you to read: Appealing a court ruling in a civil case: deadlines and procedure

In an effort to reduce the number of full-time employees and thereby reduce HR costs, many companies remove employees from their staff by concluding a civil law agreement (CLA) with them.

When hiring a “freelance” employee under the GPA, the employer acquires many advantages, including:

• the organization is not obliged to provide the employee with a workplace, issue the necessary tools, equipment, office equipment, etc.;
• payment according to the GPA is made on the basis of the actual work performed, and not for the time spent by the employee in the office;
• the employer is released from the obligation to pay insurance contributions to the Social Insurance Fund for injuries;
• within the framework of the GPA, the company does not pay the employee sick leave, vacation, maternity benefits, dismissal payments, etc.

In addition, companies can use the GPA to formalize the relationship with the employee during the probationary period, at the end of which the employee is hired or denied further employment.

Below we will talk about the specifics of taxation of expenses incurred by the employer within the framework of the GPA.

Features of GPC agreements concluded with freelancers

The most common type of agreement with a freelancer is a civil contract, which has many varieties, but is united by a general procedure for conclusion. The terms of the GPC agreement are of a compensatory nature and have restrictions on the time of implementation and the volume of work performed or services provided. Of particular importance for classifying a contract as a civil process agreement is the one-time payment for work performed and services provided, taking into account the nuances:

• The agreement determines the specific amount of remuneration under the contract.
• The amount is subject to contributions directed to compulsory health insurance, compulsory medical insurance; deductions for insurance from VNiM are not made. The exception is agreements under which property rights are transferred, in which the obligation to calculate contributions does not arise.
• Insurance against accidents and damage is carried out when high-risk work is performed under the terms of the contract.
• The amount received by a person is subject to personal income tax.

In practice, GPC agreements are used for various purposes - provision of services, performance of work, contracting, agency, commission and others. The parties are given freedom to specify the provisions of the document. The terms of GPC agreements differ depending on the purpose of the agreement, but have common features.

Difference between the terms of GPC agreements and employment contracts

When concluding GPC agreements, the provisions of the Labor Code of the Russian Federation do not apply; the parties are guided by the norms of the Civil Code of the Russian Federation. Employment contracts do not have the same basic terms as the Civil Code.

When hiring an employee under a GPC agreement, there is no need for significant paperwork that occurs when hiring a full-time employee for a vacant position.

When does the need arise?

An employer may need full-time employees when it is necessary to carry out certain work of a limited scope or perform it over a certain period of time.

Most often, cleaners, equipment installers, programmers for setting up software, and security guards are involved in freelance work. Large firms have entire departments out of state. In such cases, personnel are hired both for one day and for several years.

What is important to consider?

Since an employee of this category is not part of the company’s staff, an employment agreement is not concluded with him.

Accordingly, his work is not regulated by labor laws.

For non-staff personnel, the employer is not obliged to:

• provide vacation days;
• pay sick leave;
• pay benefits (for example, for children, maternity benefits);
• make contributions to state funds.

If the contract does not provide for the organization of a separate workplace for a freelance employee, then the employer is not obliged to provide it.

Document flow when hiring an employee under a GPC agreement

An agreement may be declared void if there are no mandatory provisions in the document. When concluding an agreement, the parties must include essential conditions in the contract, which include the following data:

• Information about the parties to the agreement. Legal entities indicate the name, registration numbers, and bank details. Citizens and individual entrepreneurs provide passport data and registration address.
• The subject of the contract is the essence and list of work performed.
• The amount of payment for fulfillment of the terms of the contract, presented in a fixed amount without indicating any rates, tariffs, or time standards.
• Timing for implementation of the subject of the agreement.

The remaining amount of data is indicated at the discretion of the parties. When concluding a contract with an employee, you will need a passport. Foreign citizens additionally submit documents confirming their legal stay in the country. The employer does not need to maintain personnel documentation, issue orders, or issue a personal card or work book.

Based on the results of the implementation of the contract, a performance certificate is drawn up, signed by both parties. If there are claims from any of the parties, the act is signed with an accompanying record. Controversial issues are resolved in courts.

Hiring a freelancer under a fixed-term contract

The procedure for concluding a fixed-term contract is regulated by Art. 59 Labor Code of the Russian Federation. The article establishes a circle of persons with whom contracts of limited duration are concluded outside the state by virtue of the rights granted by law or by agreement of the parties. Employers have the right to conclude a fixed-term contract if necessary:

• Replacement of a temporarily absent employee.
• Carrying out temporary, seasonal work.
• Implementation of work that is not related to the usual activities of the enterprise or beyond the capabilities of specialists. Work or services are temporary.
• Carrying out urgent work related to the prevention of accidents or accidents or the elimination of their consequences.

The cases indicated in the list, in which there is no need to hire a permanent employee, allow employers to hire an employee without making changes to the staffing table. Of particular importance is compliance with the staffing schedule in the budget with approval of the list of positions by the funding manager. The review of staff positions in budgetary organizations is a lengthy procedure.

Emergency situation: contract with a temporary worker

You can enter into either a fixed-term employment contract or a work contract (contract agreement) with a freelance worker. It is not difficult to draw up such an agreement, but it should be borne in mind that if the employee wishes, a fixed-term contract can easily turn into an open-ended one, for example, if after the end of the contract the freelancer continues to work or, by contacting the labor inspectorate, proves that the work is permanent.

In this case, the organization will have to change the staffing table and take a number of other measures. To avoid these problems, it is better to conclude a civil contract with a freelance worker.

A direct indication of the possibility of concluding a fixed-term employment contract with a freelancer is contained, for example, in Art. 341 Labor Code of the Russian Federation. So, part 3 of Art.

Employment of an external part-time worker

For the period that individuals are on maternity leave, child care leave, work leave, performance of government duties, or the next vacation of a permanent employee, employers can hire a freelance employee under a fixed-term contract. Hiring is carried out on an external part-time basis. The procedure is regulated by Art. 60.1, ch. 44 Labor Code of the Russian Federation. Part-time job design features:

• The duties are performed in free time from main work. The work record book must be kept by the main employer with the right to make an entry about additional work.
• A full-fledged contract is concluded with the employee, accompanied by the provision of social guarantees.
• The period of time of a part-time worker is limited to half the working norm, with the exception of cases of suspension of duties at the main place of employment.

A number of categories of main positions do not allow for part-time contracts to be issued for employees. Additional work with increased harmfulness is not allowed in the presence of similar conditions of the main work, for civil servants, or for minors.

Common Mistakes When Hiring Out of State

When formalizing relations with freelance workers, legal requirements must be met. The main mistakes employers make when concluding GPC agreements. Failure to comply with the standards entails reclassification of contracts into labor forms. A fine will be imposed on the employer, and the employee will be able to make demands for the provision of social guarantees.

Question No. 1: Are freelance workers assigned a probationary period when they are hired?

GPC agreements do not provide for a probationary period. If the provisions of the document are not fulfilled, claims are made through judicial proceedings. In fixed-term contracts, the testing period is established by agreement of the parties and depending on the duration of the agreement.

Question No. 2. Is it necessary to reflect in the work book entry the condition for hiring a temporary worker before the main employee leaves?

When hiring a temporary employee, there is no need to reflect the term of the contract. The termination of the contract due to its expiration will be indicated in the notice upon dismissal (

Documentation of hiring a freelance worker

When concluding an employment contract with a freelance worker, the employer issues a corresponding order on his employment, which must indicate, as well as in the contract itself, that the employee is hired temporarily. The work book is also properly prepared. You can read how to correctly make an entry in a work book.

In the case of formalizing an employment relationship with a freelance worker by concluding a civil contract, this frees the employing organization from making an entry in the work book, and from issuing orders for hiring an employee and dismissing him.

When concluding a civil contract with a freelance worker, labor duties, in accordance with this document, must be performed outside working hours. Otherwise, this work will be qualified as part-time work. At the same time, on the basis of an employment and civil law contract, a freelance employee must carry out different types of activities.

An employee who works under a civil contract is not subject to the internal regulations of the institution, and labor laws do not apply to him. also not provided. If the agreement between the parties stipulates that it is necessary to work on weekends and holidays, this condition must be met.

Under a civil contract, a freelancer is paid only for the result of the work performed.

Such an agreement specifies:

• the entire list of work that needs to be performed by the employee;
• the procedure for making payments to an employee;
• start and completion dates of work, since freelance workers cannot be hired for an indefinite period;
• procedure for acceptance and delivery of work;
• requirements that the employer places on employees;
• for non-compliance with the provisions of the contract.

The completion of the work is confirmed by a formalized acceptance certificate.

It is not necessary to prescribe the provisions that apply to labor relations, namely: working hours, internal labor regulations, specialty (position) of the employee.

A freelancer who caused damage to the institution is obliged to fully compensate it. Both actual damage caused (the cost of damaged goods or missing valuables) and lost benefits that were not received by the organization must be compensated.

A freelance employee of an organization is an employee hired to perform short-term work and not included in the staffing table. Typically, a freelancer is hired to perform one-time or seasonal work or to replace a temporarily absent employee.

Freelance workers also include freelancers who offer their services via the Internet, but their work does not require a written relationship with the customer. In some cases, such employees may be registered as having concluded an employment contract.