The difference between an employment contract and a civil contract according to the explanations of the Supreme Court of the Russian Federation. What other differences exist between an employment contract and a civil law contract?

Civil contract

The GPC agreement has some features that the employer should take into account when concluding an agreement and hiring a new employee. These include the following:

• the labor relationship concluded between the employer and the new employee involves the latter performing work in a specific specialty, certain qualifications, or position;
• the work is performed by the employee during the entire term of the employment contract;
• The main difference between a civil law contract and an employment contract is that in the first case it is not the process of work that is important, but the result, which must be completed within a certain period of time.

Important! If an individual completes the work specified in the contract, then his obligations to the company are considered terminated.

Summary

1. The work performed under an employment agreement and a contract differs.
2. The content of the work, the procedure for paying remuneration, and there are other differences. Personal character is established for labor relations. According to civil law, the contractor may involve other persons in the work.
3. Both documents are aimed at formalizing cooperation between the two parties.
4. If a substitution of agreements is discovered, the court will re-qualify the agreement.

If you need benefits and a social package, it is better to register under the Labor Code. When it is important to receive compensation for services, a service contract is quite suitable.

Some employment relationships that arise between two parties do not fit into the standard framework. However, this does not mean that they are not legal and cannot be concluded. Such relationships are subject to other legal norms and are achieved by drawing up employment agreements.

An employment agreement is a special legal form of relationship, which implies the presence of bilateral obligations, but does not imply such a complex structure as a contract.

What distinguishes a GPC agreement from a labor agreement?

The GPC (civil law) agreement for the performance of certain services must stipulate a certain amount of work that an individual will be required to perform. In such an agreement it cannot be stated that the person is accepted as a driver. Its task should be indicated: that is, the delivery of cargo along a specific route. This means that the GPC agreement does not indicate the position for which the individual is hired. In addition, if the contract contains references to the staffing table, to a certain specialty or profession of a person, then all this may be the basis for recognizing the contract as an employment contract.

A GPC agreement, unlike an employment agreement, does not provide for the obligation of an individual to obey the Internal Labor Regulations or other local regulations of the company, including the orders and instructions of the director. Also, a GPC agreement, unlike a labor agreement, does not provide for the possibility of paying remuneration for a person’s work. Payment is provided solely for the final result. If a person’s work under such an agreement does not lead to the final result, then payment can be made to him.

Important! The GPC agreement cannot include terms for time-based payment for work. It must indicate payment for the work performed, otherwise the GPC agreement may be considered as an employment agreement.

Another important difference between a GPC agreement and an employment agreement is that in the first case an individual does not have the right to count on any social guarantees. Such guarantees are provided for by the Labor Code of the Russian Federation and apply only to employees hired under an employment contract:

• annual paid vacation;
• sick leave and maternity leave.

The actual performance of work or services under the GPC agreement must have documentary evidence. For example, this can be confirmed by a certificate of completion of work or another document that confirms acceptance.

Important! If work under a GPC agreement provides for regular payments rather than one-time payments, then you should conclude not one agreement, but several agreements every month. You can also provide an advance payment system. If regular payments are specified in the contract itself, then it can be considered as an employment contract.

Advantages and disadvantages

The employer can see the positive aspects of using this type of interaction when hiring a team, which will not require him to constantly monitor the activities of builders (other specialists).

Payment will be made upon high-quality completion of the work, after which mutual settlements will be carried out. This form of relationship does not provide for vacation pay and sick leave , which makes it possible to save some money.

If certain duties are not fulfilled or performed poorly, the employer has the right not to pay wages , including through the court or on the basis of the law on consumer rights. These categories of persons are dismissed without any special legal consequences for the employer.

Often this type of relationship attracts unreliable or unscrupulous partners, since penalties for this type of hiring are more than difficult to regulate and impose.

By entrusting urgent and important work to such a partner, you may find yourself in a difficult situation if it involves obligations to third parties.

The positive aspects for hired workers (specialists) are that the procedure requires a minimum of provided documentation, characteristics and confirmation of qualifications .

Getting a job, as well as dismissal upon completion, is done quickly.

This gives you the opportunity to manage your time and adjust to receiving orders at your discretion. Since the work schedule is flexible, it is convenient to manage the schedule.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Negative can be called the meager guarantees received from the hiring person. Dismissal can follow at the slightest violation, when the claim for severance pay will have to be defended in court, without a guarantee of recognition of the claim.

If an illness occurs, you will have to adjust the delivery time of services or disrupt them, which can lead to a breakdown in relationships . It’s even worse if the work depends on the supply of resources from the customer or third parties.

The employee will have to engage in organizational activities that are not his responsibility, or take risks .

The legislative framework

To determine the content of the GPC agreement, one should be guided by Chapters 37 and 39 of the Civil Code of the Russian Federation, and not by the Labor Code (Article 57 of the Labor Code of the Russian Federation). Accordingly, terms such as “employee” and “employer” cannot be indicated in the text of the agreement, since they are used in labor law.

Instead of these terms, such terms as “customer”, “performer”, “contractor” should be used. In addition, the contract should not indicate the word “salary” as payment; instead, “remuneration” should be indicated. Also, terms such as "working time", "rest time" or "vacation" cannot be used (

When is an employment agreement necessary?

Typically, an employment agreement (LA) is used to solve the following problems:

• there is one-time work that is not due to the job responsibilities of full-time employees;
• there is a clear understanding of the stages of work and the final result;
• Only the end result is important, and not the process of completing the assignment;
• the parties have agreed on the terms of payment of remuneration and the approved amount will not be affected by any additional factors;
• sick leave, taxation, vacations, working conditions and hours are not the customer’s problem;
• there is no need to introduce an additional staffing position, maintain personnel records and reporting for such a citizen.

The difference between a GPC agreement and a labor agreement

The main differences between a GPC agreement and a labor agreement are given in the following table:

How to apply?

Registration of civil legal relations is carried out by drawing up a document in writing in two copies, which are signed by the parties.

The document indicates the participants in the concluded relationship: the customer and the contractor. The subject of the relationship, which is either work or a service provided, is also described.

Mandatory clauses of the document are clauses on payment (Article 709 of the Civil Code) and the deadline (Article 708 of the Civil Code) for completing the scope of work, as well as the procedure for making payment. When drawing up the document, it is necessary to provide for the possibility of early termination of the relationship.

Civil Code of the Russian Federation Article 708. Time frame for completing work

1. The work contract specifies the start and end dates for the work. By agreement between the parties, the contract may also stipulate deadlines for completing individual stages of work (interim deadlines). Unless otherwise established by law, other legal acts or provided for by the contract, the contractor is responsible for violation of both the initial and final, as well as intermediate deadlines for the completion of work.
2. The initial, final and intermediate deadlines for completing the work specified in the contract may be changed in cases and in the manner provided for by the contract.
3. The consequences of delay in performance specified in paragraph 2 of Article 405 of this Code occur when the deadline for completing the work, as well as other deadlines established by the contract, is violated.

Upon completion of the work, a transfer and acceptance certificate must be issued for the civil document

Advantages and Disadvantages of the Standard Agreement

An employment contract is the most common form of agreement between parties to a working relationship.

For an employee

It is beneficial for an employee to enter into a TD for the following reasons:

• Guarantee of salary receipt in the amount established by the contract.
• Upon completion of the probationary period, the specialist is included in the company's staff.
• The employee receives the entire list of guarantees: dismissal benefits, salary twice a month, various guarantees for employees with children, annual paid leave.
• An employee has the right to demand that the employer provide comfortable conditions for himself.
• Rights to social and health insurance, payments for which are made by the employer.
• The employee is accrued length of service, on the basis of which the funded part of the pension is formed.

However, not all employees strive to conclude an employment contract, as it is not without its drawbacks. In particular, under this agreement, the employee is “tied” to the company. He must act within the framework of local regulations: come to work on time, carry out all the instructions of the employer, go on vacation according to the staffing schedule.

For the employer

The employer may require the employee with whom the TD is concluded to fulfill his duties:

• Compliance with internal regulations.
• Carrying out instructions from the employer.
• Notice of dismissal 2 weeks in advance.

Important! If an employee violates the regulations, the employer has the right to impose punishment: disciplinary action, deprivation of bonuses, dismissal.

The manager, based on the TD, can demand a lot from the employee, but he must give in return all the necessary guarantees:

• Timely payment of wages not lower than the minimum wage.
• Contributions to various funds.
• Providing paid leave.
• Benefits for employees with children.
• Providing maternity leave.

If the employer does not provide social guarantees, the employee has the right to file a complaint with the labor inspectorate.