Freelance work is not a rare phenomenon these days. This term refers to a company employee who is not on staff. However, a civil or employment contract is concluded with him, and all relationships with the employer are regulated by law. True, there are certain features of hiring such employees, and the conditions in their contract are also different. We’ll look at which ones in this article.
Terminology
According to labor law, the term “freelance employee” simply does not exist. There are only two concepts in it - employee or employer. A freelancer can be called a specialist who performs work that is not directly included in his official duties.
Each employer has its own need for hiring freelancers. For example, a person is needed to provide specific services or a certain type of work. Often such people are hired for a short period of time, but sometimes freelancers work permanently.
What kind of agreement is being concluded?
If an employee is hired as a freelancer, this does not mean that there is no need to conclude a contract with him. It can be either labor or civil law. More specifically, belong to one of the following types:
- Agreement for a specific period. It indicates the exact date of completion of the work, or specifies the scope of its completion, after which the contract can be considered completed. This type of contract is regulated by Article 59 of the Labor Code.
- Seasonal contract. Close to the previous one, but provides for a specific season of work. Often it is concluded for a period of more than 2 months, but if a shorter period is required, the article here is different - No. 45.
- At the same time. An employee who is already on the company’s staff can take on additional responsibilities, and then he will also be considered a freelancer at the same time. This activity is regulated by Articles 44 and 60.
- Civil law. Most often, it is concluded if an organization requires a person to perform work that it is not able to perform on its own. Or the staff simply does not have the required specialist.
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.
| Purpose of the agreement | Peculiarities | Agreement type |
| Issued for the performance of a limited type of work, the implementation of which requires qualifications or specialists | Freelance workers are hired for a specific type of work or service. | Hiring is carried out on the basis of GPC agreements |
| Consists when it is necessary to increase the number for the period of seasonal work, temporary expansion of functions | When hiring, the period for attracting workers is set for a limited period | A fixed-term contract is concluded; if the agreement lasts up to 2 months, it does not require a probationary period. |
| Issued if it is necessary to replace a temporarily absent employee | The employee is registered on the basis of an external part-time contract | The contract is fixed-term and often has the wording: “until the main employee leaves.” |
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.
Rights and responsibilities of a freelancer: how they differ from the work of others
Depending on what kind of contract is concluded - labor or civil law, there will be significant differences between the tasks of one or another employee.
Working as a freelancer with whom an employment contract has been concluded will be practically no different from working as a full-time employee. In the sense that he can count on the same guarantees and rights provided for by law. The employer is obliged to pay insurance premiums and social benefits for such employees.
When concluding a civil contract, the internal regulations requirements do not apply to the employee. For example, he is not required to pay for weekends and holidays, and the length of the working day is not standardized in any way. Social payments and contributions to the Pension Fund are also not made. Contributions for accident insurance and other professional nuances may be provided, but they must be discussed individually in the contract.
Difference between the terms of GPC agreements and employment contracts
When concluding GPC agreements, the provisions of the Labor Code of the Russian Federation do not apply; the parties are guided by the norms of the Civil Code of the Russian Federation. Employment contracts do not have the same basic terms as the Civil Code.
| Condition | Features of GPC | Signs of employment agreements |
| Responsibilities | Determining the scope of work and services without specifying the hiring of an employee for the position | Hiring is carried out for a specific position with a list of responsibilities |
| Salary | The remuneration is assigned to the entire object or volume of work. In this case, it is possible to introduce a condition on advance payments | The employee is set the amount of wages per unit of time, production standards and other conditions |
| Operating schedule | In most cases, there is no schedule for work or services, but delivery stages can be approved, for example, during contract work | The performance of duties is carried out in accordance with the working hours. The employee agrees to comply with the regime when concluding an employment contract |
| Final date | Must be installed | Has no restrictions if the employee is not hired under a fixed-term contract |
| Enterprise regulations | Individuals are not required to adhere to the company’s internal regulations | Employees are subject to the order and regime established in the organization |
| Termination condition | The agreement stipulates the conditions for terminating the relationship before the deadline and liability | Contractual relations of permanent employees are terminated in accordance with the Labor Code of the Russian Federation |
| Availability of guarantees | There are no social guarantees | Social guarantees are provided in accordance with the Labor Code of the Russian Federation |
When hiring an employee under a GPC agreement, there is no need for significant paperwork that occurs when hiring a full-time employee for a vacant position.
What do you need to know when applying for a job?
To save on taxes, an unscrupulous employer can cheat by concluding a civil law contract instead of an employment contract. However, you have the opportunity to contact the tax authorities, and they, in turn, can sue to re-qualify the nature of the documents.
The basis for such a decision can be many factors. For example, you work under just such a contract, but fulfill all the same obligations as full-time employees. Or you receive a salary at a certain frequency. After all, a civil contract provides for payment upon actual payment. By going to court, you can get your employment contract officially recognized as an employment contract.
In what areas can you work freelance?
You can become, for example, a freelance journalist or manager without much difficulty. What about more serious positions? There are many examples here too. Let's say a freelance police officer. The average age of such people is 30-35 years, and at the same time they work in a variety of fields, from security guards to company directors.
Why are some people so eager to get a freelancer certificate and work in government agencies? Everyone has their own reasons. Someone is tired of looking at the unrest in their hometown and they simply cannot pass by if someone needs help. For some, prestige and recognition are more important, although for the most part freelancers are modest people and prefer not to “shine.”
Instinct for life
The example of cosmonauts Leonov and Belyaev perfectly demonstrates the behavior that is needed in any situation that has gotten out of control. Surprisingly, even during training on earth, Leonov began to suffocate in the pressure chamber, but the Leonov-Belyaev tandem was not torn apart, and together they headed into outer space.
They almost fell under a lethal dose of solar radiation, then Leonov almost returned on board the ship, the suit swelled, the astronaut had to violate the instructions, but in this way his life was saved. The ship received an excessive dose of oxygen, which was also difficult for the astronauts, but they managed. And finally, Voskhod had to be landed manually, as the automated system failed. It seemed that everything was against it, but the astronauts managed, even sometimes not acting according to instructions. Apparently, the life instinct turned out to be stronger. Plus psychological stability, experience and professionalism.
Responsibilities and status
The duties of freelance police officers include participation in raids, assistance in obtaining information useful to the investigation and identifying administrative offenses. They maintain public order at various events, such as concerts or football matches.
As a rule, a freelance police officer is an enthusiast working on a voluntary basis. He does not receive a strictly regulated salary, but he rightfully enjoys the gratitude and recognition of his colleagues. After all, the help provided to them is sometimes simply invaluable - largely due to the fact that those around them simply do not know that they see a policeman in front of them. Therefore, to obtain the necessary information, almost every police station has its own freelancers.
What emergency situations may arise at work?
In fact, the question is not easy. The fact is that everyone’s work is different, and it is necessary to talk about cases of disruption of the normal working rhythm specifically for each type of activity. No general instructions. They, as mentioned above, must be developed by the relevant bodies of certain organizations.
For example, the situation in the air during a parachute jump is one thing, and an emergency landing of an airplane is another. There are situations of sudden failure of automated systems, computer systems, or hacker attacks. These are all different situations.
There are conflict situations in the store, there are strikes by company personnel, and there are large-scale protests. There are a lot of situations that disrupt the planned course of events. They are different and require separate consideration.
Powers of a freelance police officer
A freelance FSB or police officer can provide invaluable assistance in solving crimes or bringing rowdy people to their senses. However, he has few official powers. The maximum that can be done is to warn the bully by presenting your ID or reporting the offense to your colleagues. You cannot detain a person, much less use physical force.
Who can get a freelance job in the authorities?
As a rule, the district police officer himself offers cooperation to his acquaintances or trusted people. But, in principle, anyone can become a freelancer and work in the police. It is only important to meet certain requirements.
Before becoming a freelancer, a prospective candidate undergoes a rigorous background check. Its main requirement is the absence of a criminal record and administrative liability, as well as a positive reputation in general. If everything is transparent on this side and does not cause any complaints, you just need to write an application for the vacancy “freelance employee”, attaching your autobiography. A plus will be the guarantee of a guarantor from among government officials or law enforcement agencies.
After a personal file has been compiled on the candidate and all data has been checked, he will be invited for a personal conversation and to clarify the goals of the potential employee. It is important to understand whether a person really wants to help the organs. After all, someone needs the title “freelance FSB officer” only to avoid problems with the traffic police, for example.
Where to go?
The term “freelance employee” on a certificate is of little interest to anyone if you work for a truly prestigious company. There is a need for freelancers in almost all areas. You can get a job in a bank or a publishing house of a reputable newspaper, in a fisheries department, or even in NASA. It all depends on desire, perseverance, and the ability to prove that your talents and skills will be useful in this industry. Therefore, feel free to contact the employer directly. The rules here are the same as when submitting a regular resume for a job.
Spacewalk
An emergency situation in space is unique in its kind, where astronauts are in a certain sense alone, and help from Earth is a big question. For example, on March 18, 1965, Alexey Leonov and Pavel Belyaev were faced with incredible emergency situations that even seemed insoluble.
Leonov was the first in the world to go into outer space. He took this bold step, but he and his partner had to put themselves at risk five times. If it were not for the psychological preparation of the astronauts and the ability to take responsibility for decisions made, perhaps everything would have ended tragically.
To find a way out of emergency situations, you must have certain skills and special knowledge. But an important factor is the intuitive ability to make the right choice. Responsibility is a mandatory quality.
