Civil contract with a freelancer Civil contract with a freelancer

The employer, in addition to the work of its full-time employees, can also use the services of freelance workers. As a rule, freelance labor is used if it is necessary to perform any one-time work. Such an employee is not accepted into the organization’s staff, but an agreement should still be concluded with him that will describe the scope of work and establish the rights and obligations of the employer and employee.

If an employment contract (fixed-term or indefinite) is concluded with an employee who is hired as a member of the enterprise, then a civil law contract can be concluded with a freelancer.

Features of interaction between employer and freelancer

Since a freelance employee is not included in the organization’s staff and an employment contract is not concluded with him, he is not subject to all the duties that a full-time employee must perform (how to hire an employee for a permanent job). He is not obliged to comply with the internal labor regulations (for LLC), he is not subject to the regulations of the organization, the collective agreement, he is not provided with vacation, he is not paid sick leave (since there are no deductions to extra-budgetary funds), he is not provided with all those social benefits to which an employee included in the organization’s staff is entitled.

However, a freelance employee has the obligation to properly perform the amount of work assigned to him by the contract concluded with the employer. All necessary guarantees and benefits can be specified in this agreement with the mutual desire of the employee and employer.

How to hire a freelancer?

A person who wants to work freelance with an employer does not have to present a work book (since no entry is made in it), there is also no need to present educational documents unless the employer requires it, and TIN and SNILS are also not needed. A personal card for such employees is not filled out, and personal files are not opened.

There is no need to prepare an employment order.

A person wishing to become a freelance employee must present only a document proving his identity (passport), as well as a document confirming his place of residence.

Based on these documents, the employer enters into a civil contract with him (an agreement for the provision of paid services or a contract).

To dismiss a freelance worker, you do not need to prepare an order; you must be guided by the clause on early termination of a civil contract; as a rule, early termination is possible upon the occurrence of certain conditions, and the party initiating the termination must notify the other party a certain period of time of its desire.

Concluding a civil law agreement with an employee

Under this agreement, an individual undertakes to perform temporary work or provide certain services for a fee.

Varieties of a civil law agreement are an agreement for the provision of services and a work contract.

A contract for the provision of services assumes that the employee provides a certain service to the employer, and the latter pays for it in accordance with the terms of the contract.

A contract involves a freelancer performing a certain amount of work, for which there is also remuneration from the employer.

The execution of an agreement for the provision of services is regulated by Chapter 39 of the Civil Code of the Russian Federation, and the execution of a contract for the provision of services is regulated by Chapter 37 of the Civil Code of the Russian Federation.

The main difference between an employment contract and a civil law contract is that the first regulates the permanent relationship between the employer and the employee, and the second involves a one-time transfer of the results of activities (services provided, work performed).

The transfer of work to the customer (employer) is carried out on the basis of an act of services rendered or work performed, which records exactly what services are provided (work performed) and in what amount they must be paid.

The GPC agreement with the employee must define the following points:

• exactly what services or work the freelancer must perform (a detailed description must be given);
• within what time frame the work must be completed;
• how a freelance worker should report to the employer (drawing up a performance report);
• how much the employer must pay for the work;
• terms and method of payment;
• responsibilities, rights of both parties;
• liability (a freelance worker is responsible for failure to fulfill obligations, their incorrect fulfillment, bears financial liability in case of damage, the employer is also responsible for failure to provide the employee with the conditions specified in the civil and process agreement for performing work, for untimely payment for the services of a freelance employee);
• conditions for early termination - the employee and employer have the right to terminate the relationship early; the contract must indicate under what conditions this is possible.

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In addition to these conditions, others may be included in the text at the discretion of the parties. Can establish working hours, days off, additional incentive payments, working conditions, place of work, possible guarantees from the employer and other points.

The contract should indicate information about the organization (its name, full name of the head), information about the freelance worker (his passport details, place of residence).

The document is drawn up in two copies, one for each party, both copies are signed by the employer’s representative and the employee. In the future, an act on the services provided or work performed by the employee will be attached to the civil law contract.

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Taxes and fees

The procedure for taxing remuneration under a civil contract depends on whether the person who receives it is an individual entrepreneur or not.

If the remuneration is paid to an individual entrepreneur, then the organization does not need to accrue any taxes or contributions. Entrepreneurs pay them themselves.

When registering as an individual entrepreneur, the citizen himself chooses what types of activities he will conduct and indicates the appropriate OKVED codes in the application for registration. If in the future the individual entrepreneur changes his field of activity, he can make appropriate changes to the Unified State Register of Individual Entrepreneurs and receive new OKVED.

If the person receiving the remuneration is not an entrepreneur, then the amount of remuneration is subject to:

• personal income tax;
• insurance contributions for compulsory pension and health insurance;
• contributions for insurance against industrial accidents and occupational diseases, if such insurance is provided for by the terms of the agreement (except for the lease agreement).

Sample contract agreement with an individual

A civil contract is concluded in relation to activities that can be performed by an employee, including those on the staff of the institution. Company employees can also be involved in work that is not related to their main duties, both in the manner prescribed by law - primarily the Labor Code, and by concluding an agreement with a contractor. The essential terms of a work contract are its subject, the material result of tasks performed on the instructions of the counterparty, which the contractor undertakes to complete by a certain date.

Below is a sample GPC (civil law) agreement.

A sample agreement with an individual can be downloaded at the end of the article.

The Civil Code of the Russian Federation provides for the following types of civil contracts:

• household contract. The feature will be the purpose of the thing being created. It is used for personal, non-commercial consumption;
• construction contract. The subject is buildings and structures. Moreover, both the creation of a new facility and its reconstruction, major repairs, installation and other works related to construction may be provided for;
• contract for design and survey work. This type of work usually precedes the conclusion of a construction contract. Specifics: creation of technical documentation;
• work for state and municipal needs. The customer will be a Russian state or municipal body that enters into a corresponding agreement with the contractor based on the results of the tender, the conduct of which is regulated by a special law.

The main condition of the contract is that it cannot be concluded with a person who will actually perform the functions of a full-time employee and obey internal rules and labor regulations. If it is revealed that the contract for the performance of work covers the employment relationship, then it will be recognized as imaginary. In this case, the employer may be held administratively liable.

The falsity of the GPA can be revealed during an inspection:

• tax inspectors;
• representatives of the labor inspectorate, if an employee files a complaint about the unlawful conclusion of a labor contract with him instead of labor relations.

Freelance police officer and FSB

1. No criminal record or administrative liability.
2. Recommendations from other employees, or a positive reputation in general.
3. Compiled autobiography.

If all the requirements are met and confirmed, then the person can quite easily become a freelance police representative. Thus, you can even become an FSB employee, however, this is much more difficult to do than it seems at first glance, since there is not always a need for such employees.

When does the need arise?

An employer may need full-time employees when it is necessary to carry out certain work of a limited scope or perform it over a certain period of time.

Most often, cleaners, equipment installers, programmers for setting up software, and security guards are involved in freelance work. Large firms have entire departments out of state. In such cases, personnel are hired both for one day and for several years.

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What is important to consider?

Since an employee of this category is not part of the company’s staff, an employment agreement is not concluded with him.

Accordingly, his work is not regulated by labor laws.

For non-staff personnel, the employer is not obliged to:

• provide vacation days;
• pay sick leave;
• pay benefits (for example, for children, maternity benefits);
• make contributions to state funds.

If the contract does not provide for the organization of a separate workplace for a freelance employee, then the employer is not obliged to provide it.

Thus, the work of off-staff personnel is especially beneficial for the employer, and therefore is used everywhere.

At the same time, it is important to understand that freelance workers are not covered by the company’s internal regulations.

Consequently, they are not obliged to comply with the rules and requirements for behavior in the workplace or the established work routine. It is impossible to hold them accountable under the Labor Code.

An employer and a freelance employee must be guided in their relations only by the concluded civil contract, which is concluded when hiring such an employee.

To give such a contract legal force, it must be correctly drawn up, including all provisions that are important for both parties.

How to take - step by step instructions

As you can see from this step-by-step instructions, in order to hire a freelance worker, you only need to complete 2 steps - request documents from him and draw up an agreement based on them.

Conclusion of a GPC agreement

To hire a freelancer to work with a citizen, it is necessary to conclude a civil contract. The following documents are required from the hired employee:

• passport or other identity document;
• a document confirming the registration address in Russia (for foreigners - place of residence or stay).

Unlike regular staff, a citizen hired from outside the state is not required to have an INN, SNILS, or work book.

The HR department no longer needs to:

1. filling out personnel documentation;
2. registration of a personal card;
3. personal business establishments;
4. drawing up an admission order.

Upon termination of the relationship between the employer and the freelance employee, a dismissal order is not required.

So, relations between the parties during freelance work are regulated by a single document - a civil law agreement, which determines the scope of work, the deadline for its completion, the procedure for remuneration and termination of relations.

Design features

Under a civil contract, a citizen is obliged to carry out temporary work or provide services for a certain payment. Depending on the nature of the functions performed, there are varieties of such an agreement:

1. work agreement;
2. service agreement.

A contract involves a freelancer performing a specified amount of work for a certain remuneration paid by the employer. The rules for its registration are regulated by Chapter 37 of the Civil Code of the Russian Federation.

Under a service agreement, the employee provides certain services for the employer for an agreed fee. The procedure for drawing up such an agreement is regulated by Chapter 39 of the Civil Code of the Russian Federation.

The main difference between a civil contract and an employment agreement is that the first involves a one-time transfer to the employer of the results of the activities performed (work performed, services rendered).

The fact of transfer is formalized by a special act of work performed or services rendered. The document must indicate what work was performed (services provided) and the amount of the contractor’s remuneration.

The act is attached to the main contract, which is drawn up in two copies upon hiring and certified by the signatures of both parties: the employer’s representative and the freelancer.

Content

The contract concluded with a freelance worker upon hiring must reflect the following provisions:

• a detailed description of the work performed or services provided;
• specific deadlines for completing the work;
• the procedure for the employee’s report to the employer on the activities performed (documented in a report on the results obtained);
• the amount of remuneration paid by the employer for the work done;
• method and period of payment of remuneration;
• the rights, duties and responsibilities of each party;
• conditions for early termination of relationships.

A freelance employee is responsible for failure to perform or improper performance of assumed duties, and in some cases, financial liability.

The employer is responsible for violation of providing the employee with the conditions specified in the contract necessary for the performance of duties, as well as for violation of the deadlines for payment of remuneration.

A civil contract with a freelance worker may be terminated early. Possible conditions for termination must be stated in the contract itself.

In addition to the main provisions, other conditions may be included in the contract at the discretion of the parties. For example, working hours, days off, workplace, additional incentive methods, employer guarantees and other points that are significant for the employer and employee.

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When drawing up an agreement, you must provide information about the company hiring an out-of-state employee (name, full name of the manager) and about the employee himself (full name, passport details, place of residence in the Russian Federation).

Pros and cons of out-of-state specialists

The advantages of hiring out-of-state workers include:

• Reducing the burden on accounting
  . However, this is only true if you outsource some functions - you enter into an agreement with the company, for example, on cleaning, eliminating the need to hire a permanent cleaner. Also, cooperation with individual entrepreneurs reduces the burden on accounting.
• Reducing the load on the HR department
  . Again, this is not always true. In addition to cases of searching for specialists through outstaffing, the load on the HR department is reduced if the head of the department or a responsible specialist is looking for a freelancer to perform a certain task.
• Saving money
  . The work of freelancers is often paid on an actual basis; it is not necessary to accrue a monthly salary and advance payment. Another type of savings is the ability to rent a smaller office or purchase fewer tools (depending on the specifics of the business). A freelancer does not have to be allocated a permanent place, and he often has his own tools.
• Possibility to hire an unlimited number of freelancers
  . The customer’s hands are free: the law does not prohibit hiring as many out-of-state specialists as you want.

The disadvantages include higher risks associated with specialists performing their duties. For example, such employees often do not feel like full members of the team, so they do not strive to establish communication with other employees, and treat their duties negligently.

But even if the specialist is responsible, the lack of communication can make work difficult - it often creates an additional burden on the manager, because even small issues go through him, as through an intermediary. Non-staff specialists often do not have the bonuses and privileges of full-time employees, so they easily lose motivation. That is, you still need to be able to work with such employees.

Sample employment contract with a freelancer

A freelance employee of an organization is an employee hired to perform short-term work and not included in the staffing table. Typically, a freelancer is hired to perform one-time or seasonal work or to replace a temporarily absent employee.

Freelance workers also include freelancers who offer their services via the Internet, but their work does not require a written relationship with the customer. In some cases, such employees may be registered as remote workers with an employment contract.

The need for freelance employment

There are several reasons and cases in which freelancers are employed. Hiring a freelance employee is carried out by concluding several types of contracts.

When formalizing relationships, it is necessary to competently draw up agreements in accordance with legal norms. Each type of contract has its own characteristics when concluded.

Registration of labor relations with freelancers

Fixed-term employment contract

The agreements that can be concluded with a hired freelancer include a fixed-term employment contract, which differs from a standard employment contract in the established employment period (up to five years according to Article 58 of the Labor Code of the Russian Federation).

As a rule, an agreement of this type is concluded with seasonal workers or employees replacing the main employee, however, Article 58 of the Labor Code of the Russian Federation provides for the possibility of concluding fixed-term contracts with any categories of workers.

When signing a contract of this type with a freelance worker, the employer must issue a hiring order, which, among other things, specifies the period of employment. A record of acceptance or appointment to a specific unit of the organization is made in the employee’s work book. The probationary period that the employer has the right to set varies depending on the overall term of the contract.

When concluding a contract for a period of less than two months, a probationary period cannot be established at all; for a period of up to six months - no more than two weeks. If a freelancer hired under a fixed-term contract continues to work after the expiration of the agreement, the contract automatically becomes unlimited-term with all the ensuing consequences, and an attempt to further interpret the agreement as fixed-term is considered a violation of labor laws.

The established contract period can be changed, for which an additional agreement must be concluded.

Civil contract with a freelance worker

A contract (for the performance of work or the provision of services) is a civil law agreement and is concluded for the execution of a one-time order. This type of contract is usually used when hiring a freelancer.

In this case, an admission order is not issued and an entry in the work book is not made.

A standard civil contract with an employee contains provisions on:

1. list of work performed;
2. the method of settlement with a freelance worker and the amount of his remuneration;
3. duration of work (start and end dates);
4. procedure for acceptance and delivery of completed work;
5. general requirements for an employee;
6. responsibility of the parties.

It is not recommended to include in a civil contract provisions that are typical for employment contracts: on working hours, on the employee’s specialty, etc.

An employee hired under a civil contract is not obliged to obey the established routine of the organization; no guarantees or benefits established by labor legislation (vacation, etc.) also do not apply to workers of this type.

Concluding a civil contract with a freelance worker implies that he performs his job duties during non-working hours, otherwise his work, according to the Labor Code of the Russian Federation, must be qualified as part-time work.

It should be remembered that in the event of a dispute with the employer, an employee whose contract contains provisions that are usually prescribed only in the employment agreement (see above) has a good chance of proving the establishment of an employment relationship with the organization that accepted him in court.