Civil law contract with an individual as a guarantee of the absence of labor relations

Any legal entity has the right to conclude a civil law contract with an individual. But such contracts, especially if their subject is the performance of some type of work, attract special attention of regulatory authorities. Why this happens and how to protect yourself when concluding a civil contract with an employee, read the article.

From the article you will learn:

What types of civil law contracts with individuals can an enterprise conclude

Civil law agreements are agreements, the subject and content of which fall under the jurisdiction of the Civil Code of the Russian Federation. Article 421 of the Civil Code establishes that this type agreements may be concluded on any terms that are not objectionable by either party, unless any restrictions are provided by law. The organization has the right to conclude a civil law contract with an individual and with a legal entity. In turn, an individual can conclude such an agreement both with another individual and with a legal entity.

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The subject of an agreement of a civil law nature (GPC) may be:

• transaction with property (purchase and sale, donation, exchange, rent);
• contract for the performance of any work;
• service.

The procedure for drawing up a GPC agreement, examples of drawing up such an agreement for the provision of services and performance of work are very similar. Although the result of the first is the fulfillment of the actions specified in the contract, and the end result of the second is the completed object, the amount of work.

At the same time, the performance of certain actions or a certain type of work, if they are performed on an ongoing and regular basis, may be the subject of an indefinite employment contract. In this case, a legal entity acts as an employer, and an individual as an employee. Relationships based on an employment contract imply increased obligations of the employer towards the employee. Therefore, some employers prefer to refuse to formalize long-term employment relationships and sign an employment contract, concluding civil contract with an individual.

In order to avoid suspicions that an enterprise is an unscrupulous taxpayer and illegally substitutes labor relations for civil law ones, when concluding a civil law contract with an individual, it is necessary to pay special attention to some nuances of registration.

A sample civil law contract with an individual and its main differences from an employment contract

These two types of agreements concluded between organizations and citizens are most often used in the design of various types of relationships between two parties. But, despite the fact that the GPC agreement, the subject of which is the performance of work, is sometimes called civil labor, it differs significantly from labor.

If you look at the civil labor contract, the sample presented above, you can see that this type of bilateral agreement determines the type, volume and nature of the work assigned by the customer, as well as:

• the procedure for the delivery and acceptance of results;
• terms and conditions of payment.

Answer prepared in collaboration with the editors

Answered by Nina Kovyazina
Deputy Director of the Department of Medical Education and Personnel Policy in Health Care of the Ministry of Health of Russia

When concluding a civil law contract, it is necessary to take into account a number of features.

1. Labor relations involve the performance by an employee of work in a particular specialty, qualification or position ( ). Works are carried out throughout the entire term of the employment contract ...

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Civil law contract between individuals

An individual, even if he does not have the status of an individual entrepreneur, can also be a subject of civil legal relations and conclude civil law contracts.

Note! A civil law contract between natural persons cannot be concluded if its subjects are delivery or contracting.

GPC agreements between citizens for the performance of work or the provision of services are concluded on a general basis. At the same time, one individual has the status of "Customer", the second - "Contractor". Such civil law contract p between individuals is in a simple written form and does not require notarization. But the following mandatory details must be filled in it:

• name of the type of work or services to be performed or provided by the contractor;
• deadlines for the performance of work under the contract, if the contract for the provision of services is in fact, then a dash is put in the column "term";
• the amount of remuneration and the procedure for its payment (by stages, with established regularity or at a time):
• the rights and responsibilities of the parties to the contract;
• signatures of the parties indicating the date of signing.

Civil law contract between individuals, a sample is shown in the figure.

In what cases is a civil law contract concluded with an individual

The GPC agreement is an example of a legal relationship that allows a legal entity that is actually an employer to avoid the costs associated with social obligations in relation to an employee. When ordering the performance of work, the person who is the customer does not spend money either on equipping the workplace or on providing the employee with the necessary equipment.

Therefore, the regulatory authorities ensure that the agreements concluded by the organization civil law contracts actual labor relations were not camouflaged with individuals. But prohibitions and any restrictions on their conclusion are not established by law, and it is not prohibited to attract performers on the basis of civil law agreements.

At the same time, an agreement drawn up with an individual GPC, a sample of which is presented above, will not cause suspicion and criticism when it comes to one-time work or a service performed or provided at a time.

The GPC agreement is an example of how you can arrange for the repair of premises or equipment, the installation of industrial equipment, the development of a website or a company logo. The criterion for the expediency of concluding a GPC agreement is the finality and the result obtained. If the work meets these criteria, the customer enterprise has the right to conclude a civil law contract with an individual, regardless of whether it has the status individual entrepreneur.

What documents are required to conclude a civil contract with an employee

The list of documents that will be required for the correct registration of labor relations according to GPC agreement is not established by law. In each case, the decision of the issue remains at the discretion of the customer and the contractor. But for the contract form there are mandatory details that must be filled out. These are, for example, the passport data of the performer, the addresses of the parties, their TIN. Information in the text of the contract must be entered on the basis of originals or certified copies of the relevant documents.