An alternative to an employment contract is a civil contract. It is concluded if the organization does not have the ability or the need to hire a new employee on the staff. At the same time, she has obligations to pay social contributions for him. But there is no talk of calculating vacation pay, sick leave, severance pay.
Necessary
- - the text of the work contract;
- - fountain pen;
- - seal.
Instructions
Step 1
The basis for a civil law contract will be the text of a standard document of the corresponding type: a work contract, copyright, agency or other contract. Such texts can be easily found on the Internet.
In the contract, it is necessary to prescribe the period of its validity (it is also possible to automatically renew it by agreement of the parties upon its expiration), the nature of the work performed by the person, the procedure for their acceptance and calculations.
The copyright agreement separately stipulates the transfer of copyright to the organization of the work result (for example, a literary and musical work): what rights are transferred, restrictions on the transfer period (say, for 10 years), in the case of publishing a book - the maximum circulation.
Step 2
In no case should you prescribe the mode of operation in a civil law contract. If it contains such provisions and other signs of an employment contract listed in the Labor Code of the Russian Federation, it will be enough for the employee to go to court, and the latter recognizes your contract as a labor contract with all the ensuing legal consequences.
Step 3
The relevant section of the civil law contract, as well as the labor contract, includes information about the employee (this word itself should not be used in the contract, since it indicates an employment relationship, the preferable options are the performer, author, agent, etc., depending on the type of the agreement).
This is his last name, first name and patronymic in full, passport data (number, series, by whom and when issued, the code of the issuing unit), TIN, state pension insurance certificate number, registration address. If the remuneration or fee (the word "salary" should not be mentioned, since it is a part of labor relations) is paid to a bank account under the contract, the details for the transfer are also indicated.
Step 4
On the part of the organization, the civil contract is certified by the signature of the head or the one who performs his duties, and by the seal, from the side of the executor - by the signature.
