Employment contract between individuals: sample and features of conclusion

When a person needs a job, the first thing that comes to mind is to look for an advertisement from legal entities or entrepreneurs, or ask nearby organizations if they need a new employee. At the same time, another opportunity is overlooked - employment with an individual. Despite the fact that this prospect does not look so attractive and stable, agreements between individuals are widely practiced. The employment contract in this case has some features, and the implementation of labor activities differs in structure. Let's look at how to conclude an employment contract (agreement) between individuals with a sample.

Sample employment contract between individuals: what is it?

Despite significant differences from an employment contract with an organization or entrepreneur, an agreement with an individual is an official document. The parties to the agreement are obliged to comply with the agreed conditions; violations entail the collection of fines; if conflicts arise with the agreement, you can contact the labor inspectorate.

Employment contracts can be concluded not only between organizations (or individual entrepreneurs) and citizens. Individuals also often require services or certain work that they cannot perform on their own. And so that whoever they hire has guarantees of payment for their labor, an employment contract is concluded between individuals.

Accordingly, an employment agreement between individuals is an agreement on the performance of specific work or the provision of services by one citizen for another. In this way, security guards, housekeepers, contractors and other persons whose skills may be useful in everyday life can be brought to work. But for the implementation of planned work, such an agreement is drawn up quite rarely. The main differences of such an agreement are the following points:

the employer becomes the same citizen as the applicant;
the employer does not have company details, and therefore, along with the applicant, he indicates his personal data in the contract;
the employer does not have rules for fulfilling labor duties or regulations;
the employer does not have local regulations, a collective agreement, etc.;
there is a need for as detailed and accurate description as possible of the conditions for carrying out work activities, rest schedules, payment procedures for work, conditions for taxing employee earnings, etc.

https://youtu.be/J5J1WSA78wE

Sample contract with an individual entrepreneur for the provision of services, what should be reflected in it

The agreement has a general form that can be changed and edited, but it must contain the following clauses:

names of the parties (full name or private entrepreneur)
directly the subject of the contract, which determines the list and characteristics of the actions that the customer must perform. This clause of the contract should be written very carefully, defining possible parameters of the work (quantity, etc.)
start and completion dates for services
the amount of payment for the provision of services and its duration. In this case, either the total cost of the service or its value per unit is written down. The clause also additionally stipulates prepayment for the service, its timing and amount. All monetary values are expressed exclusively in the national currency of the Russian Federation. In addition, the agreement provides for the type of payment - cash or non-cash
procedure for delivery and acceptance of the results of services provided. Usually the fact of provision of services is confirmed by signing the acceptance certificate, and if the customer is not satisfied with the quality of the work, then he may not sign this document until all defects are eliminated
responsibility of the parties. Additionally, methods for determining the amount of the penalty are prescribed
force majeure, in which the parties are not responsible for failure to fulfill obligations
duration of the contract and cases in which its early termination is possible
final clause, which also lists the list of documents attached to the main agreement (if any)
addresses and details of the parties

Sample employment contract between individuals: form of contract

An employment contract signed between individuals is a fairly extensive agreement with many sections, clauses and clarifications. The purpose of such an agreement is to consider all points of the agreement between the employer and the employee in such a way that not a single aspect causes further disputes. Agreements may vary depending on what work the hired employee will perform, but a standard agreement necessarily includes:

title;
the subject of the agreement between the employer and the applicant;
rights and obligations of the employee and employer;
terms of remuneration;
work and rest schedule;
the conditions under which the contract may subsequently be amended or terminated;
additional work-related issues;
details of the parties.

The listed components of the agreement are basic, but, as a rule, the parties are not limited to them - the list of clarifications can be expanded. If one of the points mentioned above is overlooked, a difficult dispute may arise.

Types of agreements

If a person decides to engage in entrepreneurial activity, then he needs to register an individual entrepreneur in order to legalize his business.
But many citizens do not seek to obtain the status of an individual entrepreneur if their activities are not carried out on a regular basis. In this case, they have the right to provide services and perform work under various types of contracts. Citizens need to understand the types of such agreements. This will allow you to select and enter into the correct type of contract.

At the moment, individuals can draw up the following agreements:

contract _ According to it, the contractor undertakes to carry out the agreed range of construction or repair work within a specified period, and the customer undertakes to pay for the work of the craftsman. For example, a private plumber Andrey Eduardovich Karpov will replace the plumbing on December 27, 2019. The customer, Alexander Ivanovich Petrov, will pay for this work in the agreed amount of money. Acceptance of the result is carried out by signing the corresponding act;
contract for paid services with an individual
. According to it, the contractor undertakes to solve a number of problems and issues, and the customer, in turn, pays for them. For example, a citizen with a legal education, Minkova Karina Stanislavovna, will advise the owner of the property, Degeleva Victoria Petrovna, about what documents she needs to prepare to sell her apartment. The customer will pay 9,000 rubles.

The main difference between these contracts is that physical changes occur as a result of the contracting work. For example, an apartment was renovated, a house was built, and plumbing was installed. In the case of provision of a paid service, the result does not have a material form.

Regardless of the type of contract, the customer is not obliged to supply the second party to the transaction with the necessary materials and tools. The Contractor, in turn, bears full responsibility for the quality of the service provided or work performed.

Sample employment contract between individuals: rights and obligations of the parties

For convenience, this part is always divided into four parts: 2 parts on the rights of the parties and 2 separate parts on mutual responsibilities. It must be clearly stated here what is allowed to the employee and the employer, and what is prohibited. Responsibilities are understood as a set of rules that guide the employer and employee in the process of cooperation. The employee performs the functions assigned to him efficiently and conscientiously, meets deadlines, and does not act arbitrarily. The employer pays for his work in the agreed amounts, on time, and provides comfortable working conditions.

Basic requirements for one-time employment contracts

It is mandatory that a one-time employment contract must contain an indication of the period for which it is concluded. The term is the main condition of a one-time agreement, but this does not mean that the employee does not have the right to terminate it early for other reasons . It is quite possible to do this by notifying your employer within the period established by the Labor Code. In addition, this kind of document must:

Be concluded in writing.
Be drawn up in two copies, no different from each other (one each for the employer and the employee).
Contain all necessary details, which include the names of the parties, conditions, procedure for amendment and termination.
Handed over to the employee immediately after signing (this is done against the employee’s signature).

It should also be taken into account that earnings in such situations should not be less than that established at the legislative level. Otherwise, we can talk about a violation of the employee’s legitimate interests.

Also, employees who have signed a one-time employment contract in accordance with the established procedure are fully covered by all social guarantees.

If the labor agreement does not contain basic guarantees for the employee, then you should immediately seek advice from a professional lawyer who will help you understand the situation.

Sample employment contract between individuals: additional conditions

As a rule, this section contains the most conditions for the implementation of work, since each employer has its own requirements and preferences. Here you can specify mandatory and optional items. The first includes data on documents, conditions for the commencement of activities, conditions and time of entry into force of the agreement.

The optional part may include any requirements, as long as they do not contradict the previous clauses of the agreement and current legislation.

Legal advice

1. First, study the legal norms. This will require the Civil Code, as well as regulations relating to certain situations. For example, government procurement.

2. If you doubt anything, seek the help of lawyers.

3. Study the sample contract agreement before signing such an agreement. And later – a draft version of your contract.

4. Draw up a document with a detailed description of the conditions, scope and specific characteristics of the work.

A contract agreement implies the performance of one-time work or is drawn up for a certain period (year, season). This is a civil transaction. Similar agreements are concluded every day without any wisdom.

Sample employment contract between individuals: details of the parties

Finally, at the end of the contract, the details of the parties signing the contract are written down. Since we are talking about an employer without organizational details, only:

last name, first name, patronymic (if any) of the employer and employee;
registration addresses;
contact details (mobile/landline phone, email);
passport details;
TIN.

Finally, at the very end, the date of signing the agreement and the personal signatures of the parties with a transcript are indicated. After this, the contract can be considered concluded.

You can view a sample employment contract between individuals by following the ⇒ link.

Civil legal relations formalized in an agreement

If the work performed or services provided do not require consistency, but are one-time in nature, the payer is interested in a specific result within a certain period of time, and not a constant work process, then it makes sense not to draw up an employment contract with the provision of vacations and sick leave to the employee, but to draw up a civil law contract .

Piece wages in an employment contract

For comparison, as an example: it is more profitable to formalize the services of a nanny or housekeeper with an employment agreement, since the time of arrival and departure and the validity of the reason in case of absence are important. It is more profitable to formalize the services of a team for carrying out repairs through a contract related to civil law agreements, since the specific time of the work process does not matter, the result and the deadline for receipt are of paramount importance.

If the total transaction amount exceeds 10,000 rubles, a civil contract between individuals must be drawn up “on paper” based on the requirements of Article 161 of the Civil Code of the Russian Federation.

The following are required to be reflected:

description of the service provided or work performed, including deadlines;
price and calculation procedure, reimbursement of expenses incurred in the event of force majeure circumstances;
responsibility of the parties, the procedure for satisfying claims regarding quality, failure to meet deadlines for the provision of services and calculations, the mechanism for calculating penalties and financial sanctions in case of dissatisfaction of participants;
procedure for early termination of relations and coverage of losses.

Representatives of the parties can be both individuals with the status of individual entrepreneurs and citizens without the appropriate status. But if services are provided on a paid basis systematically, a citizen who is not registered as a business entity faces an administrative fine in the amount of 2,000 rubles in accordance with Article 14.1 of the Code of Administrative Offenses of the Russian Federation.

Common mistakes

Error: The employer, an individual, did not register the contract concluded with the employee with the local government.

Comment: For an agreement between individuals to enter into legal force, it must be registered with the local government authorities at the place of registration.

Error: The employer, who is an individual, indicated in the terms of the contract a working week of 70 hours.

Comment: The length of the working week under an agreement between individuals cannot be longer than what Labor legislation allows.

Answers to common questions about an employment contract between individuals sample

Question No. 1: An individual employer unilaterally changed the terms of an agreement with an employee without notifying him of this in advance. Is this legal?

Answer: In this case, the employer must report planned changes 2 weeks in advance.

Question No. 2: When must an individual employer notify of the termination of a contract, and must he pay severance pay?

Answer: The notice period for termination of the contract, as well as the conditions and amount of severance pay must be specified in the employment contract.
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Transport expedition contract (one-time service)

[place of conclusion of the contract] [day, month, year]

[Full name of the legal entity], represented by [position, full name], acting on the basis of [name of document confirming the authority to act on behalf of the legal entity], hereinafter referred to as “Forwarder”, on the one hand, and [full name of the legal entity], represented by [position, full name], acting on the basis of [name of document confirming the authority to act on behalf of the legal entity], hereinafter referred to as the “Client”, on the other hand, and together referred to as the “Parties ", have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Under this agreement, the Forwarder undertakes, for a fee and at the Client’s expense, to organize the transportation of the Client’s cargo.

[The freight forwarder must perform his duties personally/The freight forwarder has the right to involve other persons in the performance of his duties].

1.2. The cargo must be delivered to the destination (consignee) no later than [enter as required].

1.3. To provide transport and forwarding services, the Client issues a completed and signed order to the Forwarder, which must contain reliable and complete data on the nature of the cargo, its markings, weight, volume, as well as the number of packages.

The Order to the Forwarder is submitted by the Client on paper.

1.4. Dangerous, perishable and other cargo requiring special transportation conditions are accepted by the Forwarder only if the Client provides written information about the conditions of their transportation.

1.5. The quality of freight forwarding services provided by the Forwarder must meet the requirements of national standards of the Russian Federation, regulatory legal acts in the field of freight forwarding activities, as well as the terms of this agreement.

2. Rights and Obligations of the parties

2.1. When organizing cargo transportation, the Forwarder carries out:

— agreement with carriers on the conditions of transportation and storage of cargo, the time of transshipment of cargo from one type of transport to another and other issues necessary for transportation;

— passing customs and other procedures necessary for transportation;

— settlements for cargo transportation with carriers both on behalf of the client and on their own.

2.2. At the Client's request, the Forwarder provides him with the following information:

— full company name and location (for a legal entity), name and place of residence (for an individual entrepreneur);

— information on confirmation of compliance of transport and forwarding services with established requirements;

— a list of freight forwarding services provided by the freight forwarder and their cost;

— information on the form and procedure for payment for transport and forwarding services;

— information on tariffs for the transportation of goods by various modes of transport, on the rules and conditions for such transportation;

— other information related to the organization and implementation of transportation of specific types of cargo by various modes of transport.

2.3. When accepting cargo from the carrier at the destination, the forwarder is involved in the preparation of the relevant documents.

2.4. When providing freight forwarding services, the Forwarder is obliged to follow the Client’s instructions.

2.5. The Forwarder is obliged to inform the Client about any deficiencies found in the information received about the properties of the cargo, and in case of incomplete information, request the necessary additional data from the Client.

2.6. When accepting the cargo, issue the Client a forwarding document, as well as provide him with the originals of the agreements concluded by the Forwarder in accordance with this agreement on behalf of the Client on the basis of the power of attorney issued by him.

2.7. The forwarder has the right:

2.7.1. Deviate from the Client’s instructions unless this is necessary in the interests of the Client and the Forwarder, due to circumstances beyond his control, was unable to first request the Client’s consent to such a deviation or receive a response to his request within 24 hours.

2.7.2. Select or change the type of transport, the route of cargo transportation, the sequence of cargo transportation by various modes of transport based on the interests of the Client. In this case, the Forwarder is obliged to immediately notify the Client of the changes made.

2.7.3. Retain the cargo at its disposal until payment of remuneration and reimbursement of expenses incurred by it in the interests of the Client or until the Customer provides adequate security for the fulfillment of its obligations in terms of payment of remuneration and reimbursement of expenses incurred by it. In this case, the Client also pays the costs associated with retaining the property.

For any damage to the cargo resulting from its retention by the Forwarder in the cases provided for in this paragraph, the Client is responsible.

2.7.4. Do not begin to fulfill the obligations provided for in this agreement until the Client provides the necessary documents, as well as information about the properties of the cargo, the conditions of its transportation and other information necessary for the Forwarder to fulfill his duties.

2.7.5. Check the accuracy of the necessary documents submitted by the Client, as well as information about the properties of the cargo, the conditions of its transportation and other information necessary to fulfill the obligations provided for in this agreement.

2.8. The client is obliged:

2.8.1. Timely provide the Forwarder with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the Forwarder to fulfill the obligations provided for in this agreement, and the documents necessary for the implementation of customs, sanitary and other types of state control.

2.8.2. The Client, in the manner prescribed by this agreement, is obliged to pay the remuneration due to the Forwarder, as well as reimburse the expenses incurred by him in the interests of the Client.

2.8.3. Issue a power of attorney to the Forwarder if it is necessary to perform his duties.

2.9. The client has the right:

2.9.1. Choose the cargo route and mode of transport.

2.9.2. Request the Forwarder to provide information about the process of cargo transportation.

2.9.3. Give instructions to the Forwarder in accordance with the transport expedition agreement.

2.9.4. At any stage of the execution of this agreement, revoke the previously issued order to the Forwarder with mandatory reimbursement of actual expenses associated with the execution of the order.

The revocation of an order issued to the forwarder is made by the client in writing.

3. Contract price and payment procedure

3.1. For the provision of forwarding services, the Client pays the Forwarder the remuneration due to him, and also reimburses the expenses incurred by him in the interests of the Client.

3.2. The cost of services provided by the Forwarder is [amount in figures and words] rubles.

3.3. The Client undertakes to make payment under this agreement no later than [term] days from the date of receipt of the invoice.

4. Responsibility of the parties

4.1. For failure to fulfill or improper fulfillment of the obligations provided for in this agreement, the Parties are liable on the grounds provided for by the Civil Code of the Russian Federation and Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities.”

4.2. If the Forwarder proves that the violation of the obligation is caused by improper performance of the transportation contract, liability to the Forwarder's Client is determined on the basis of the rules according to which the corresponding carrier is responsible to the Forwarder.

4.3. In the event of a unilateral refusal to fulfill this agreement, the Client or Forwarder shall compensate the other party for losses caused by termination of the contract and pay a fine in the amount of ten percent of the amount of costs incurred by the Forwarder or Client.

4.4. The Forwarder is liable to the Client in the form of compensation for actual damage for loss, shortage or damage (spoilage) of the cargo after its acceptance by the Forwarder and before the delivery of the cargo to the recipient specified in the Order to the forwarder, or a person authorized by him, unless he proves that the loss, shortage or damage (damage) of the cargo occurred due to circumstances that the Forwarder could not prevent and the elimination of which did not depend on him, in the following amounts:

1) for loss or shortage of cargo accepted by the Forwarder for transportation with declared value - in the amount of the declared value or part of the declared value, proportional to the missing part of the cargo;

2) for loss or shortage of cargo accepted by the Forwarder for transportation without declaring value - in the amount of the actual (documented) value of the cargo or its missing part;

3) for damage (damage) to cargo accepted by the Forwarder for transportation with declared value - in the amount by which the declared value has decreased, and if it is impossible to restore the damaged cargo - in the amount of the declared value;

4) for damage (damage) to cargo accepted by the Forwarder for transportation without declaring value - in the amount by which the actual (documented) value of the cargo has decreased, and if it is impossible to restore the damaged cargo - in the amount of the actual (documented) value of the cargo.

4.5. When providing forwarding services related to the transportation of goods in international traffic, the Forwarder's liability for loss, shortage or damage (spoilage) of cargo cannot exceed two units of account per kilogram of the total weight of the lost, missing or damaged (spoiled) cargo, unless a higher amount reimbursed by the person for whom the Forwarder is responsible.

4.6. Along with compensation for actual damage caused by loss, shortage or damage (spoilage) of cargo, the Forwarder returns to the Client the previously paid remuneration in an amount proportional to the cost of the lost, missing or damaged (damaged) cargo.

4.7. Along with compensation for actual damage and return to the client of the remuneration paid by him, the Forwarder is obliged to compensate the client for lost profits due to loss, shortage or damage (spoilage) of the cargo that occurred through the fault of the Forwarder.

When providing forwarding services related to the transportation of goods in international traffic, lost profits are compensated in full, but not more than in the amount of liability established by clause 3 of Art. 6 of the Federal Law “On Transport and Forwarding Activities”.

4.8. The Forwarder shall compensate for losses caused to the Client by violation of the deadline for fulfilling obligations under the transport expedition agreement, unless the Forwarder proves that the violation of the deadline occurred due to force majeure circumstances or due to the fault of the Client.

4.9. The Client is responsible for losses caused to the Forwarder in connection with failure to fulfill the obligation to provide information about the properties of the cargo, the conditions of its transportation and other information necessary for the Forwarder to fulfill the obligations provided for in this agreement.

4.10. For the Client's unreasonable refusal to pay expenses incurred by the Forwarder in order to fulfill the obligations provided for in this agreement, the Client shall pay the Forwarder, in addition to these expenses, a fine of ten percent of the amount of these expenses.

4.11. The Client is responsible for late payment of remuneration to the Forwarder and reimbursement of expenses incurred by him in the interests of the Client in the form of payment of a penalty in the amount of 1/10% of the remuneration to the Forwarder and expenses incurred by him in the interests of the Client for each day of delay, but not more than in the amount of the remuneration due to the Forwarder and expenses incurred by him in the interests of the Client.

5. Claims and lawsuits

5.1. Before filing a claim with the Forwarder arising from this agreement, it is mandatory to file a claim with the Forwarder.

5.2. The claim must be submitted in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim, and documents confirming the quantity and value of the cargo sent, in the original or duly certified copies thereof.

5.3. Claims against the Forwarder may be filed within six months from the date the right to file a claim arose.

5.4. The forwarder is obliged to consider the claim and notify the applicant in writing of the satisfaction or rejection of the claim within thirty days from the date of its receipt.

5.5. The forwarder has the right to accept a claim for consideration after the expiration of the period established in clause 5.3 of this agreement, if the reason for missing the deadline for filing a claim is considered valid by him.

6. Dispute resolution

6.1. All disputes and disagreements arising in connection with the execution of this agreement, the Parties will strive to resolve through business negotiations.

6.2. If no agreement is reached between the Parties, the dispute shall be resolved in court.

7. Final provisions

7.1. The transfer of an order to the Forwarder and the Client’s revocation of the issued order is permitted using fax or electronic communications.

7.2. This Agreement comes into force from the moment of its signing.

7.3. Either Party has the right to refuse to fulfill this agreement by notifying the other Party within a reasonable period of time.

7.4. This agreement has been drawn up in two copies having equal legal force - one for each of the Parties.

7.5. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

8. Details and signatures of the parties

Forwarder Client

[fill in as needed] [fill in as needed]

M.P.M.P.