What are we talking about? There are pros and cons of a civil-law contract for both the employee and the employer. For businesses, such an agreement is a convenient tool for reducing payments and optimizing document flow, but the customer has virtually no leverage over the contractor.
What to pay attention to? For an employee, a civil-law contract provides greater freedom in decision-making, there is no pressure from the boss, and the length of service is not interrupted. However, there are also disadvantages: smaller deductions to funds, difficulties with confirming experience.
In this article:
The concept of a overseas chinese in canada data civil-law contract
The difference between a civil-law contract and an employment contract
Advantages of a civil-law contract for business
Disadvantages of a civil-law contract for business
Pros and cons of a civil-law contract for an employee
Advantages and disadvantages of a civil-law contract compared to hiring a self-employed person
The procedure for concluding a civil-law contract
Taxation nuances under a civil-law contract
Reporting under a civil-law contract
Risks of using a civil law contract
Frequently asked questions about the pros and cons of a civil-law contract
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The concept of a civil-law contract
A civil law contract (CLC) is a document concluded by two parties, with established rights and obligations, having legal force. One party to the agreement is the customer, the other is the contractor.
The concept of a civil-law contract
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The agreement reflects: the order completion period, the cost of the work, the payment procedure, and the criteria for evaluating the result. In order for the agreement to retain its legal force, a column is allocated on the liability of the parties in the event of a breach of the agreement.
In a civil-law contract, the advantages for the employer are that companies can attract external employees without subsequent employment. For example, you can invite programmers, realtors, commercial authors, etc. But the disadvantages of such agreements are the lack of leverage over the contractor.
Variants of the civil law agreement:
Contract : suitable for completing work with a set deadline - repair of premises, household appliances.
Paid provision of services : terms are set by decision of the parties. The contract is considered fulfilled only after the full provision of services specified in the agreement.
Author's order : the result of cooperation is a creative work - a book, painting, music, text, video, etc.
Transportation : the customer and the contractor conclude a contract for the transportation of cargo to the destination. The nature of the cargo, the route from the starting point to the end point are precisely specified.
Storage : the contractor undertakes to preserve the property transferred by the customer in its entirety within the timeframes agreed upon in the agreement.
Assignment : the contractor provides legal services to the customer. Mainly suitable for an agreement that involves the lawyer attending court hearings, requesting data from various authorities, etc.
Commissions : mainly concerns the purchase and sale of real estate. The contractor is a realtor - an intermediary between the seller and the buyer of real estate. The contract specifies the amount of the commission for the realtor and the method of its payment - an advance payment and a reward that is transferred after the completion of the transaction.
Anyone can enter into a civil-law contract, even if they are employed by the company in accordance with the Labor Code of the Russian Federation. It can be signed by both a citizen of the Russian Federation and a foreigner. An important point: in a civil-law contract, the services must differ from the obligations under the employment agreement.