The legal confirmation of various relationships in the field of business is the conclusion of an agreement. Among all contracts concluded in Russia, contracts with individuals account for a considerable share. However, the conclusion of contracts with individuals has certain features.
It is necessary
- passport data of an individual,
- deduction of personal income tax for an individual
- draft contract with an individual.
In order to conclude an agreement with an individual, many companies today resort to the form of a public agreement. According to the laws in force, a public contract is an offer of a commercial organization to conclude an agreement with any person who applies to it. Such agreements are especially common in the field of retail trade, transport services, communication services, etc. This form of concluding an agreement with an individual is convenient if the number of clients - individuals at the company is extremely large and it is not possible to separately agree on contractual provisions with each individual. To conclude such an agreement, your company must draw up a unified form of agreement for signing with individuals.
In accordance with the provisions of the Civil Code, it is possible to conclude an Agreement with an individual for the performance of certain work or the provision of services. The conclusion of such an agreement implies a number of nuances. For example, under such agreements, the obligation to deduct personal income tax (personal income tax) lies with the company that has entered into an agreement with an individual, that is, the company becomes a tax agent. This point should be reflected in the contract.
When concluding a contract with an individual, you should remember about some risks. So, if you enter into a civil contract, there is a possibility that such a contract will be recognized as a labor contract. A civil law contract can be recognized in court as a labor contract if, in fact, an individual performs labor functions. In fact, there is an employment contract, if a person is integrated into a team, his activity implies work according to the established labor schedule and there is no sign of the urgency of the work performed. Therefore, when concluding a contract with an individual, it is necessary first of all to determine the legal essence of the contract being concluded and correctly display it in the text.
When concluding a contract, do not forget to find out the passport data of the person, his TIN (if any) and the PSS number (pension insurance certificate). You will need all this data for further work. Thus, in order to conclude a contract, all the above-mentioned features of working with an individual must be correctly enshrined in the contract.