A work contract is often used to formalize the relationship between an organization and a person involved for one-time or temporary work. This is done when it is not possible or necessary to take him to the state. At the same time, mutual relations and obligations are governed by the norms of not labor, but civil law.
Necessary
- - the text of the standard contract;
- - details of the parties;
- - fountain pen;
- - seal.
Instructions
Step 1
Usually, organizations that have existed for a long time have a standard text of this document. If this is the first time this method of formalizing relations is resorted to, you can find a sample of the contract on the Internet or entrust its development to in-house lawyers, if available.
But the easiest way is to take the standard text of the contract and adapt it to fit your needs, and then agree on the text with a lawyer.
Step 2
In cases where a work contract is concluded for a long time or is regularly renewed, it should in no case include provisions on the basis of which it can be recognized as an employment contract. For example, the range of official duties (they can only be for an employee with whom an employment contract is concluded), work schedule and schedule, etc. A complete list of signs of an employment contract is listed in the Labor Code of the Russian Federation, and if any, any court in a disputable situation qualifies your document as a subject of labor law with all the ensuing obligations to the employee. For example, payment of vacations, sick leaves, payment of severance payments, etc.
Step 3
The details of the organization are entered into the relevant section of the agreement in the same manner as in any other similar document: name, legal and, if available, actual address, contact phone number, TIN, KPP, OGRN, bank details.
An individual, on the other hand, enters his full name, registration address and, if necessary, the actual, contact phone number, passport data (number, series, date of issue and issuing authority), TIN, PFR insurance certificate number and details of his bank account, if remuneration under a work contract is paid by non-cash by.
The TIN and the number of the pension insurance certificate are needed, since the employer must withhold personal income tax from the remuneration and make social contributions to non-budgetary funds.
Step 4
The completed work contract is sealed with the signatures of the parties and the seal of the organization.
