To make the right choice, which contract to conclude - civil or labor, you need to know what is the difference between them. This can avoid unwanted consequences and organize the work correctly.
At first glance, an employment contract and a civil contract are very similar, but in practice, these types of contracts give rise to completely different rights and obligations of the parties. These types of contracts have a different legal basis.
General concepts of labor and civil contracts
Civil contract
This agreement, in accordance with the Civil Code of the Russian Federation, is divided into several varieties. There is a contract for work, provision of services, and so on. They are all governed by different regulations. This type of contract is aimed at making a profit for one of the parties and obtaining a certain result by the other party.
Labor contract
In accordance with the Labor Code of the Russian Federation, it also has several types, but all of them are within the framework of labor relations and the labor field. It is regulated by the Labor Code of the Russian Federation and is aimed at performing a work process in which work results are achieved and remuneration is paid.
What is the fundamental difference between contracts
These contracts have a completely different subject of the contract. A civil law contract is aimed at achieving a certain result at the end of the work, while the process of work is not particularly important to the customer, the result is important to him. According to the employment contract, the employee participates in a certain work process and for the employer not only the result is important, but also the process, since the result in this case is the daily work function performed by the employee.
The contracts also differ in the nature of the work. So, for the employer, an important factor is the qualifications of the employee, his skills, abilities and how he will perform his daily functions. For a customer under a civil contract, it does not matter who and how will perform the work, he is only interested in what the result will be at the end.
The terms of these contracts also vary. The employment contract is concluded for an indefinite period. An exception is a fixed-term employment contract, which is concluded for a specific period. At the same time, the term of the contract is not timed to obtain any specific result. In a civil contract, on the contrary, the term is timed to the end of the provision of the service and the receipt of a certain result by the customer.
The payment clause is another difference. In a civil contract, the parties agree on payment for a specific result of the work performed. Under an employment contract, the employer pays wages, bonuses and other payments for the work process for a certain period in a certain time frame.
Benefits are one of the important differences between these contracts for the employee. They will be provided only under an employment contract. These include additional bonuses, sick leave payments, vacation pay, increased payment for work on weekends and holidays. All this is absent in the terms of a civil contract. In the event of an attempt to include such conditions, this agreement may be re-qualified into civil law, which is not always beneficial to one or the other party.
