What is the difference between an employment contract and a contract. Contract and Contract: Differences You Should Know About

Date: 15.10.2019

Depending on the place of employment of citizens, labor agreements or contracts are concluded with them. External difference service contract from an employment contract is not essential. But their legal meaning differs, since each of these documents entails different legal consequences.

Labor contract

According to Art. 56 of the Labor Code of the Russian Federation, an employment contract is concluded between the employee and the employer. In accordance with the contract, the employer must provide the employed person with a certain job, provide him with working conditions and pay wages for the functions performed. The employed citizen undertakes to carry out work personally under the supervision of the employer, observing the internal regulations.

The employment contract contains all the information about the employed person and the employer, the place of work, duties and rights, as well as the mode of work and rest.

An employment contract is terminated:

upon liquidation of an enterprise;
at the initiative of the employer in case of violations committed by the employee;
in the event of force majeure.

Service contract

According to Art. 23 of the Law on Civil Service No. 79-FZ of July 27, 2004 (as amended on December 28, 2017), a service contract is concluded between the representative of the employer and the future civil servant. A citizen who enters the service is obliged to fulfill obligations under the regulations. The employer undertakes to provide an opportunity for a person to pass the civil service, pay him maintenance and provide social guarantees in accordance with the law.

The contract is terminated if one of the factors is present:

the action has ended;
labor safety rules were violated, injuries, death were received;
in violation of discipline, as well as in default of duties.

Such contracts are usually concluded with employees government agencies for example, the Ministry of Internal Affairs.

What is the difference between an employment contract and a contract

The difference between an employment contract and a contract is primarily due to the legislation governing their provisions. Relations under an employment contract are governed by the provisions of the Labor Code of the Russian Federation, and under a service contract - by the Law on Civil Service No. 79-FZ.

An employment contract or a contract - what is the difference between their terms, we will present it in the form of a table:

The difference	Service contract	Labor contract
The worker can resign on his own initiative
The employer has the right not to consent to dismissal by agreement of the parties
A month before the expiration of the document, the parties are obliged to notify each other of their unwillingness to extend it.
The document provides additional grounds for its termination
In case of improper performance of the contractual relationship, the employer has the right to pay the minimum compensation
Indefinite validity period
Social security guarantees: provision of housing, etc.
Employee / employee age limit restriction

Employment contracts are generally valid for an indefinite period. An exception is a fixed-term employment contract. Its registration is possible in certain cases and is regulated by Art. 59 of the Labor Code of the Russian Federation.

Premature termination of labor relations under contracts is possible only on the initiative of the employee, in case of violations by the employee or other circumstances established by the Labor Code of the Russian Federation.

Labor contract and labor contract have legal differences and are governed by different laws. The conclusion of a contract instead of an employment contract with an employee, but in fact a GPC contract, where there is an employment relationship, may lead to administrative liability of the employer in accordance with Art. 5.27 of the Administrative Code of the Russian Federation.

When we get a job, we notice that some organizations conclude employment contracts with their employees, and some - contracts. Let's consider how the contract differs from the contract.

Labor contract

The labor contract came to us from abroad. In the United States, it is the main document in recruiting. By what principles does he act? The contract is valid for 1 to 5 years. Then, it is either extended or terminated. Renewals and terminations of the contract are warned two weeks in advance. What is important is that if the contract is terminated unexpectedly (i.e. during the period when it still has to be valid), then the employer pays compensation to his employee. The contract clearly states the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract expires if: its term expires, labor protection rules are violated (injury, death), violation of certain points by an employee or employer, violation of discipline, non-performance job responsibilities.

Labor contract

Now let's look at an employment contract. This document is not limited by any time frame and is based on the Labor Code of the Russian Federation. An employment contract is an agreement (oral or written) between an employee and an employer in which the employee undertakes to perform a specific job, with clearly stated responsibilities, schedule and conditions. The employer is obliged to provide the employee with his workplace and the necessary inventory. The employment contract clearly indicates the data about the employee and the employer, place of work and profession, duties and rights of the employee, work and rest schedule, terms of remuneration, availability of a social package. The employment contract ceases to be valid: upon agreement of the parties, termination of the employment contract by the employee or employer, due to force majeure, due to the liquidation of the organization, non-fulfillment of duties by the employee, violation of discipline, absenteeism, gross violation of labor protection rules.

An important difference between the two documents: an employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer, subject to a gross error on the part of the employee or on his own initiative, but with the payment of compensation. Today, most of our codes are being roughly reformed, and accordingly the employee can simply be used by the employer. An employment contract is a document of the past. Due to such a document, it is much easier to violate the rights of an employee and force him to leave according to on their own... With regard to the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold out at his job for the full duration of the contract. This means that there is little confidence in the future, in contrast to the employment contract. In addition, the contract clearly spells out the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his responsibilities, which are spelled out in black and white in the contract. Everything that is not in the contract is not required to be done by the employee. A contract is safer than an employment contract. Therefore, it is likely that in the coming years, many organizations will switch to the contractual form of recruitment.

An employment contract (contract) is an agreement according to which an employee undertakes the obligation to regularly perform any work, subject to the internal regulations of the enterprise.

The owner of the organization must create appropriate working conditions and pay wages on time. This document can be indefinite (the term of the employment contract is not specified), urgent (concluded for a specific period) and concluded for the time required to perform any work.

Employment contract: conclusion, termination, drafting

The procedure for concluding an employment contract includes the following:

Application addressed to the employer with a request for admission to the state;
Consideration of this application by the head of the company;
Issuance of an order for admission to work;
Making a record in labor.

In case of termination of the contract, the employee, if this is his initiative, must inform writing to the head of the enterprise in 2 weeks. If it is a fixed-term employment contract or is still ongoing probation, then the application is submitted 3 days in advance.

In case of dismissal of the head of the organization, it should be submitted to the name of the owner 1 month before the dismissal. An important point: in the application, you must indicate the reason in accordance with applicable laws, the date and sign. After the expiry of the above period, the employer returns the completed work book and documents.

Termination of an employment contract by the other party is possible only on the grounds stipulated in labor legislation. The boss must take into account that there are categories of citizens who cannot be fired without breaking the law. If dismissal is possible, he sends a notice of termination of the contract, which contains the full name of the employee, the reason for termination and the date of the document. After two months, all documents are returned to the employee and fully paid with him.

To draw up an employment contract, you can use the following sample:

Document's name;
Subject of the contract;
Rights and obligations;
Salary;
Work and rest regime;
Guarantees and compensations;
Responsibility of the parties;
Termination of the contract;
Final provisions;
Addresses and details of the parties;
Signatures of the parties and seal.

Contract characteristics

The terms employment contract and contract are often used interchangeably, although there are some differences between the two.

The definition of an employment contract has already been given above. A contract is an agreement between an organization or institution and an employee on the conditions of joint work, limited for a period of 1 to 5 years. At the end of the established period or ahead of schedule, the employer can dismiss his employee, while the latter has no right to terminate the contract at will.

Unlike an employment contract, additional grounds for its termination, additional guarantees, material remuneration and compensation may be given here. Leave is granted at the discretion of the manager. Although the contract promotes the employee's initiative, it makes him less socially protected and gives less stability.

An employment contract is a type of contract that is entered into by an employer who is a government agency with an employee who wishes to enter the government civil service; it is governed by service legislation. It can be concluded for an indefinite period or for a period of 1 to 5 years (fixed-term service contract).

Features of an employment agreement and an effective contract

The employment agreement describes the relationship between the enterprise and natural person; it is a civil document. It does not talk about the labor process, but about its result, for the achievement of which they receive not wages, but remuneration. The performer of the work performs his task separately from the personnel of the enterprise, not obeying the schedule of his work.

To receive remuneration after the end of the work, an act of acceptance of the work (services) is drawn up. Such a document cannot be concluded with a person who works on a permanent basis. The contractor may also hire another person as a subcontractor. The tax is not applied to the remuneration. social benefit, and it does not deduct social security contributions before income tax deduction. This option is used less and less.

An effective contract deserves special attention. It differs from an ordinary employment contract in content and purpose. It can be drawn up as an additional agreement to the employment contract or concluded as a separate employment contract with a new employee in order to interest him and increase labor efficiency.

On this moment Russia has a program to transfer all employees of government agencies to an effective contract. The government is making efforts to ensure that all of them voluntarily switch to this form of labor relations. Differences from traditional documents:

The duties of the employee are described in more detail;
Provides key indicators that can be measured in any way;
In addition to wages, incentive payments and compensations are negotiated.

If an employee reaches one of the key indicators, he is rewarded with such payments. This paves the way for increased productivity.

Labor agreement, contract, agreement - all these documents in their own way regulate labor relations between the employee and the employer and protect their interests, so it is important to understand them.

The article explains what is the difference between an employment contract and an employment agreement, explains the intricacies of the legislation.

Features of work under the contract

It seems, what's the difference to sign an employment contract and an employment agreement? Indeed, in both cases, the parties formally establish their relationship. But from a legal point of view, there are differences. The working conditions are established by the contract. The peculiarities of his conclusion are governed by Art. 56 Labor Code... The document defines the rights, obligations of the parties, responsibility for violation of obligations.

Also, positions, terms of reference, time of rest and work are established. A person should not voluntarily leave the office. If an employee is absent during working hours of 4 hours, this is regarded as absenteeism. It is necessary to obtain permission from the employer in order not to come to the office.

Arbitrary wording is not allowed. Everything related to the performance of duties is regulated by the Labor Code of the Russian Federation. It doesn't matter what the person does all day in the office, because wage listed anyway. The reward does not depend on the outcome.

Important! When a labor contract is drawn up, a person can safely go on vacation or apply for sick leave... Time will definitely be paid, social package is guaranteed.

This is what distinguishes an agreement from an employment agreement.

The nuances of registration by agreement

The concepts " Contract of employment»The law does not contain. When they say "Labor agreement", they mean work under a service contract. Such cooperation differs in that it is regulated by Chapter 39 of the Civil Code. The law defines the difference between contracts. In the GPC agreement, the parties independently determine the terms of the transaction. There are three main conditions:

the subject of the transaction;
the term for the provision of services;
price.

The remuneration is paid only on the condition that the obligations are fulfilled. If the services are poorly provided, the customer may not accept the job. The responsibility of the parties is determined by the Civil Code.

For the performer, the difference is that there is no need to stick to a specific schedule. The main thing is to complete the task efficiently and on time.

There are also differences from the employment contract. Vacation and sick leave are not paid under the service contract. Social guarantees are not provided to the same extent as under the Labor Code of the Russian Federation.

The main differences

At first glance, it may seem that it makes no difference which document to sign, because the registration is carried out officially. But in fact, there are fundamental differences between them. Before signing a contract, you need to clarify what the difference is.

Name of the parties. The Labor Code of the Russian Federation calls the parties an employee and an employer. Civil law contains the terms customer and contractor.
Subject of agreement. The employee systematically performs his duties throughout the working day (shift). The contractor works for the result.
Method of performance of duties. The employee performs the duties personally, coming to the office. Under the GPC contract, you can involve other persons for work. Subcontracting agreements are concluded.
Payment order. The employee receives remuneration for his work twice a month. The contractor receives remuneration in the order determined by the document.
Social package. Vacation and sick leave are paid if the person is registered according to the Labor Code of the Russian Federation. Under the GPC agreement, only the services themselves are paid for.

with an employee represented by a person acting on the basis, hereinafter referred to as " Company", On the one hand, and gr. , passport: series, number, issued, residing at:, hereinafter referred to as " Employee", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. hired by the enterprise as a quality; for a position to perform labor duties;

2. TERM OF THE CONTRACT

2.1. The contract is concluded between the Company and the Employee for a period of one year and is valid from "" 2019 to "" 2019; For undefined period; for the duration of the work stipulated by this Contract (delete unnecessary).

3. GENERAL CONDITIONS OF THE CONTRACT

3.1. By entering into this contract, the Employee takes into account what the Enterprise is.

3.2. Performing his direct labor duties in accordance with this Contract, the Employee will proceed from the Charter (Regulations) of the Enterprise.

3.3. The employee reports directly to the head, as well as the Director of the Enterprise.

3.4. The employee is a full member labor collective Enterprises participating with a decisive vote in the activities of its general meeting(conferences).

3.5. The employee has the right to express his personal opinion on any issue of the activities of the Company.

3.6. The employee has the right, if necessary, to familiarize himself with the internal labor regulations of the Company, the collective agreement and labor legislation.

3.7. The employee is guaranteed the unhindered exercise of the right to form a trade union. Discrimination of the Employee in the mode of time and rest time, remuneration and other significant working conditions due to his participation in the trade union is not allowed.

4. OBLIGATIONS OF THE PARTIES

4.1. The employee undertakes:

perform in accordance with their profession, specialty, qualification (position) following works: ;
during the term of the contract to achieve the following results;
in good faith, in a timely manner, at a high professional level and accurately fulfill their labor duties, comply with the internal labor regulations of the Enterprise, use all working hours for productive work, refrain from actions that prevent other employees from performing their labor duties;
take care of the safety of equipment, raw materials, finished products and other property of the Company, as well as the property of other employees;
timely and accurately execute the orders of the Director of the Company and the immediate supervisor;
go on business trips by order of the Director of the enterprise;
not to disclose scientific, technical and other commercial and confidential information obtained during work without the consent of the immediate supervisor;
immediately inform the administration of the Enterprise about the violation of production technology, failure to comply with labor standards, cases of theft and damage to the property of the Enterprise.

4.2. The enterprise undertakes:

provide the Employee with work in accordance with the terms of this Contract;
provide the Employee with the working conditions necessary for him to fulfill his obligations under this Contract, including providing the employee with the necessary technical and material means in good working order;
equip the Workplace of the Employee with the following equipment;
provide the Employee with the following special clothing, special footwear and other means individual protection arrange for proper care of these products;
comply with labor legislation and labor protection rules;
ensure the conditions of remuneration, working hours and rest hours in accordance with this Contract and current legislation;
to ensure that the Employee improves qualifications and the growth of professional skills at his own expense within a year;
ensure the safety of personal property, tools, Vehicle an employee on the territory of the enterprise;
provide a car for business trips or pay compensation when using a personal car for business purposes in the following order;
in the event of the death of the Employee or the onset of his disability while performing his job duties, continue to pay until the expiration of the term of the contract to his family or to him the amount in the amount of the average earnings received by the Employee during the work under the Contract;
make sure that the introduction of new technology and equipment does not worsen working conditions; accept necessary measures to protect the health and safety of the Employee when working with new equipment and in new conditions.

All costs under this subparagraph are borne by the Enterprise.

5. PAYMENT FOR LABOR

5.1. For conscientious performance of labor duties during the monthly norm of working hours, the Employee is guaranteed the payment of an official salary (tariff rate) in the amount of rubles per month. The official salary (tariff) increases depending on the cost of living index determined by legislation.

5.2. The employee has the right to receive, based on the results of his activities, various allowances, additional payments, bonuses, and other remuneration in accordance with the remuneration system in force at the Enterprise.

5.3. The following remuneration is established for the employee based on the results of work for the month (quarter) according to the following indicators and in the amount:.

5.4. The employee is paid a remuneration based on the results of his work for the year in the amount of rubles.

6. WORKING AND REST HOURS

6.1. The employee is assigned a standardized (non-standardized) working day.

6.2. Monthly rate working time is. Normal working hours should not exceed 8 (4) hours per day. Break for rest and meals is not included in business hours. Overworking in excess of the normal working day is paid at double the rate for each hour.

6.3. The time of the beginning and end of the working day, as well as a break for rest and meals, is determined by the Internal Labor Regulations of the Enterprise and orders of managers.

6.4. The normal length of the working week, as a rule, should not exceed 41 (20.5) hours per week. Overwork in excess of the normal length of the working week is paid at double the rate for each hour. Days off are provided to the Employee in accordance with the internal labor regulations of the Enterprise.

6.5. It is allowed, as necessary, to overwork in excess of the normal working hours, but at the same time the working hours for the accounting period (month) must not exceed the normal number of working hours (hours).

6.6. Night time is considered to be from 10 pm to 6 am. Night work is paid at one and a half rate.

7. HOLIDAY

7.1. An employee is entitled to annual basic leave of calendar days. Depending on the results of the work, he may be provided with additional leave... TO annual leave financial assistance is paid in the amount of rubles.

8. SOCIAL SECURITY AND SOCIAL SECURITY

8.1. During the term of the Contract, the employee is subject to social insurance and social security in accordance with the current legislation on labor and social security.

8.2. In case of permanent disability (disability) as a result of an industrial accident, the employee is paid in addition to the statutory one-time benefit in the amount of salary.

8.3. In the event of disability due to illness or as a result of an accident not related to production, the Employee is paid a lump sum in the amount of the salary.

8.4. In the event of the death of the Employee during the term of the contract, his family is paid in addition to the statutory benefit in the amount of salary.

8.5. In case of temporary disability, the employee is paid the cost of medicines and paid services medical institutions, at the rate of .

9. SOCIAL AND HOUSEHOLD SERVICE

9.1. Social and domestic services for the Employee are carried out by the management of the Enterprise in accordance with the decision of the general meeting of the labor collective and at the expense of funds allocated for these purposes.

9.2. The employee is provided with the following services and benefits for social welfare that are not established by the current legislation:

payment of a lump sum for annual leave in the amount of;
annual provision For the employee and his family members, vouchers to a sanatorium or a holiday home with payment by the employee% of the voucher cost;
provision of an apartment to the Employee on terms.

10. AMENDMENT, CONTINUATION AND TERMINATION OF THE CONTRACT

10.1. Changing the terms of the contract, its extension and termination is possible by agreement of the parties at any time.

10.2. Upon expiration of the term of the Contract, it is terminated. This rule does not apply to cases where the employment relationship actually continues and neither party has requested termination. In this case, the Contract is extended for the same period and with the same conditions.

10.3. The contract is subject to early termination at the initiative of the Employee in the event of:

his illness or disability, preventing the performance of work under the Contract;
violation by the management of the Enterprise of labor legislation or this Contract;
other valid reasons;

10.4. The contract before its expiration can be terminated at the initiative of the Enterprise on the following grounds:

changes in the organization of production and labor (liquidation of the Enterprise, reduction in the number or staff of employees, changes in working conditions, etc.);
the revealed inconsistency of the Employee with the work performed in the absence of any culpable actions on his part;
culpable actions of the Employee (systematic failure to perform work duties without good reason, absenteeism, drunkenness at work and other violations of labor discipline, disclosure of commercial secrets, violation of clauses 12.3 of this Contract, committing theft, etc.).

10.5. Dismissal on the initiative of the Enterprise is carried out on the basis of the appropriate conclusion of the head structural unit Enterprises, while observing the requirements of labor legislation.

11. COMPENSATIONS FOR TERMINATION OF THE CONTRACT

11.1. Upon termination of the Contract on the grounds provided for in clause 10.3 and clause 10.4, the Employee is paid severance pay in the amount of the average monthly earnings. Upon termination of the Contract on the grounds provided for in clause 10.4, the Employee also retains the average monthly earnings for the period of job search during the second and third months from the date of dismissal, if he registered with the employment service as a job seeker within 10 calendar days after dismissal ...

11.2. Subject to the termination of the contract (for valid reasons), along with the payments provided for by the current legislation and this Contract, the Employee is also paid a lump sum in the amount of rubles.

12. SPECIAL CONDITIONS

12.1. The Enterprise serves as the main place of work for the Employee; The employee is hired for a part-time job at the Enterprise (cross out unnecessary).

12.2. Labor functions not arising from this Contract can be performed by the Employee within the Enterprise only with the consent of the head of the structural unit and the director of the Enterprise.

12.3. The employee does not have the right to perform, under contracts with other enterprises and organizations, work related to, under this Contract, as well as to engage in any other type of activity in other enterprises and organizations, if this may cause economic or other damage to the Enterprise. Failure to comply with this clause is a sufficient reason for the dismissal of the Employee.

12.4. The Enterprise pays the Employee within days after the conclusion of the Contract a lump sum in the amount of rubles. The allowance is not a form of remuneration.

12.5. The Enterprise pays rubles to the Employee on a monthly basis.

12.6. All materials created with the participation of the Employee and on the instructions of the Enterprise are the property of the Enterprise.

12.7. The parties undertake not to disclose the terms of this Contact without mutual consent.

12.8. The terms of this Contract can be changed only by agreement of the parties.

12.9. The parties are responsible for fulfilling their obligations under this Contract in accordance with applicable law.

12.10. Disputes arising between the parties to the Contract are resolved in accordance with the procedure established by the current legislation.

12.11. In all other respects not provided for by this Contract, the parties are guided by the norms of the Labor Code of the Russian Federation and the Charter (Regulations) of the Enterprise.

13. OTHER CONDITIONS

13.1. This Contract is made in two copies: one for each of the parties and is considered valid only if there are signatures of both parties: the Employee and the Company, certified by the seal of the latter.

14. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Company Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Phone:

15. SIGNATURES OF THE PARTIES

Company _________________

Employee _________________