Concept
Concept
Any employment contract is a written agreement between the employer and the employee, according to which the manager, on behalf of the organization:
- provides the future employee with specific work in accordance with his profession;
- provides all conditions in accordance with the Labor Code of the Russian Federation, labor legislation and internal rules of the organization itself.
Parties
Traditionally, the concept of a party and types of an employment contract is based on the indication of 2 categories of participants in labor relations:
- employer;
- hired employee.
Types of work
The basic concept and types of employment contracts with appropriate explanations are given in the Labor Code of the Russian Federation.
The law clearly outlines the possible types and nature of work in an employment contract:
- main work activity;
- seasonal work;
- part-time job;
- performing work for an individual (employee work for personal needs - cook, housekeeper, etc.);
- temporary work (for a period of up to 2 months);
- home work (the contract specifies the types of tools, materials, as well as the person who purchases them);
- contract labor relations in the state or municipal service, as well as with military personnel (regulated by separate laws).
In practice, the largest number of types of employment contracts are concluded with legal entities. Such an employee usually works on a permanent basis for a specific employer. He has set boundaries for his working hours. His work record book is also kept here.
Part-time job
In a part-time job, a person performs his job duties outside of his main activity. But also with the execution of an employment contract. It makes a note that there is a part-time job. This type of work is divided into:
- internal part-time work (within one main organization);
- external part-time job (with a third party organization).
Combining means adding responsibilities at another job. In the first case, the combination takes place at the main employer and during the same working hours. In this case, in addition to the contract, a written agreement is concluded.
By urgency
According to the law, the types of employment contracts according to their validity periods are classified into:
- permanent (indefinite);
- for a clearly defined period (no more than 5 years) - a fixed-term contract.
In particular, if the employment relationship is not indicated in the agreement by the duration of its validity, then these types of employment contracts are considered to be valid for an indefinite period.
When the parties to the working relationship have not terminated the contract due to the end of its validity period and the employee continues to perform his function, such relations are considered to be formalized for an indefinite period under the same employment contract. The concept, parties and types of fixed-term labor relations are explained in detail in Articles 58 and 59 of the Labor Code of the Russian Federation.
Fixed-term contracts as types of contracts with employees concluded for a specific period are drawn up:
- for the duration of the functions of the absent employee;
- for the period of performance of temporary duties (for 2 months);
- for seasonal work, if due to natural conditions it is impossible to perform it in another season (it is necessary to indicate a specific item, which is established in a special list - snow removal, peat development, etc.);
- with specialists who will perform their tasks abroad.
Also see “When a fixed-term employment contract is concluded.”
Termination of a fixed-term contract occurs after the expiration date of its validity. However, the employee must be reminded of this in writing 3 days in advance.
Some fixed-term types of contracts in labor law are combined into a separate group - “by agreement of the parties.” These contracts are concluded:
- with age pensioners and other persons with a medical certificate for temporary work;
- for carrying out urgent work in case of disasters, epidemics, breakdowns, accidents;
- with citizens selected by competition to work in a certain position (for example, scientists);
- with employees of the media, theaters, circuses;
- with managers, their deputies, chief accountants;
- with full-time students of colleges and universities;
- with employees of organizations located in the Far North;
- when working part-time;
- in other cases recorded in the Labor Code of the Russian Federation.
Special types
The Labor Code also lists specific types of employment contracts. A brief list of them can be presented as follows:
- to work in organizations created to resolve certain issues and/or for a specific period (for example, a candidate’s headquarters created for the period of an election campaign; the temporary nature is reflected in the charter, and the contract is terminated when the organization is closed);
- during internship or professional training;
- temporary or public work from employment centers;
- with persons performing alternative civilian service.
According to test
Depending on the availability of the test, the types of employment contracts under the Labor Code of the Russian Federation can be as follows:
- with a probationary period (to check the person’s compliance with the assigned duties);
- without testing.
Possible test dates | |
1 | The test cannot be set for a period of more than 3 months |
2 | For managers, their deputies, heads of branches/representative offices, chief accountants – up to 6 months |
3 | For a work contract of 2 to 6 months – a two-week probationary period |
Keep in mind: the test period does not include days of temporary disability.
When the probationary period has expired and the employee continues to work, the test is considered passed. And subsequent termination of the contract will be possible only on general grounds. In turn, an unsatisfactory test result followed by termination of the contract does not entail payment of severance pay.
Also see “Employment Probationary Period”.
The test is not established:
- employees elected to positions through competitive selection;
- candidates for vacancies under 18 years of age;
- future employees invited to a position through a transfer procedure from another employer in agreement with management;
- pregnant women;
- young specialists in their field;
- when signing a contract for a period of up to 2 months.
Also see “Probation period: who is not determined.”
Content
Absolutely all main types of employment contracts are drawn up with the inclusion of a number of conditions:
- places of work;
- labor responsibilities;
- start dates;
- the size of the salary and the terms of its payment;
- work schedule;
- due compensation;
- the nature of the work (with business trips, visits to branches, etc.);
- social package notes.
We invite you to familiarize yourself with the sample collective agreement ||
Collective agreement of the LLC enterprise. Additional conditions can be included in the agreement:
- clarification of the place of work (indication of the department);
- tests;
- on maintaining secrets (official, commercial);
- about work after study, paid for by the employer;
- terms of additional insurance;
- social support for the employee and his family.
The clauses defining the types and content of the employment contract must be supplemented with personal information:
- FULL NAME. employee and employer name;
- passport data, on the one hand, and information about the employer’s representative, on the other;
- TIN, KPP, OGRN;
- place and date of signing.
Also see “What should be the mandatory terms of an employment contract in 2020.”
An employment agreement is a type of labor relationship that goes beyond the framework established by the Labor Code of the Russian Federation. They do not have regulated norms and legal force equal to an employment agreement or contract.
They are formed on the basis of the provisions of the Civil Code of the Russian Federation, which distinguishes them from the contractual form of relations that arise between the employer and employees.
They are more mobile, allow solving short-term situational problems, but cannot rely on the provisions of the Labor Code of the Russian Federation.
The agreement is concluded when it is necessary to carry out work, without registering the employee under the contract and, moreover, without making an entry in the book.
But in order to determine the guarantees of mutual settlements and fulfillment of the requirements for the work performed, it will be necessary to confirm that the parties have established mutual responsibility in relation to each other.
If the work is one-time in nature, there is no point in introducing a staff unit, but it is advisable to resort to an agreement.
The parties have to resort to a form of recording the fact of activity and calculation, which is determined by civil legal relations.
They reflect contract options:
- contract and subcontract;
- provision of services;
- hiring a servant;
- construction, design work, etc.
The list of features of their application is diverse.
These include agreements with the apartment’s maintenance staff; similar relationships can be drawn up with a plumber, electrician, etc. Legal relationships with a tutor and medical personnel are acceptable.
Nature of relationships and working conditions
Types of employment contracts according to the nature of the labor relationship are divided into:
- work at the main place where the employee is employed for a long period;
- part-time work, including internal work at the same enterprise in a different position or external work at another enterprise in a similar position;
- temporary or seasonal work, which provides for automatic termination at the end of the stage or the end of the season;
- home work, which involves performing duties remotely and not requiring personal presence at the actual location of the employer;
- a form of labor relations for carrying out the duties of a state or municipal service, where the types of conditions are determined by special internal legislative acts.
A comparative analysis of working conditions divides conditions into normal, harmful on the appropriate scale or dangerous, established by certified commissions, distinguishes work at night and work in northern regions with unfavorable climatic factors.
Download samples by type of contract Sample of an open-ended employment contract (20.4 KiB, 322 hits)
Sample civil contract with an employee (63.0 KiB, 6,850 hits)
Sample of an Individual Entrepreneur Agreement with an employee (25.8 KiB, 2,103 hits)
Sample of a fixed-term employment contract with a probationary period (19.2 KiB, 232 hits)
Sample employment contract (62.0 KiB, 203 hits)
Sample of an Employment Agreement between individuals (23.8 KiB, 237 hits)
By validity period
In the Russian Federation, labor regulation is carried out by various legal acts. The Labor Code of the Russian Federation occupies a leading position in this list; it spells out all the basic postulates that are mandatory for use in regulating working legal relations between the employer and employees.
The third section of the Labor Code of the Russian Federation specifies what types of agreements exist, as well as what their features are.
The duration of the contracts varies as follows:
- Urgent, which are limited to a strictly established time frame. This type of contract assumes a maximum duration of no more than five years.
- Indefinite, without established restrictions.
It is important that the employer does not have the choice to conclude this or that document. He is obliged to be guided exclusively by the clauses of the law, which stipulate when and in what cases a particular agreement can be concluded. Violation of established norms threatens the employer with administrative punishment.
Fixed-term contract
Article 59 of the Labor Code of the Russian Federation stipulates the conditions under which it is possible to conclude a fixed-term agreement with a hired person.
A fixed-term agreement is concluded if:
- A replacement is taken during the absence of the main employee.
- An employee is hired for a period of up to two months.
- It is expected that seasonal work will be performed.
- A hired person is sent by an organization abroad to perform certain work.
- The workplace was created with a deliberately established limitation on the period of its existence or it is necessary to perform a strictly established amount of work.
- A trainee who is undergoing an internship is accepted.
- A person is selected for an elected position, which is limited by strictly established terms.
- A person undergoes alternative civilian service.
- The employee performs temporary or seasonal work from the employment center.
A fixed-term agreement can be concluded by mutual consent in the following cases:
- The employer is a small entrepreneur, and the number of employees does not exceed 35 people.
- The hired employee is of retirement age.
- The employee has medical limitations that prevent him from working on a permanent basis.
- When there is a main workplace, and this position will be combined.
- The employee is a full-time student.
Article 59 lists a number of other cases when an employer, upon the voluntary desire of the hired employee, can formalize a fixed-term relationship.
A fixed-term contract has a fixed maximum limit of five years. At its end, either party can initiate termination of the cooperation, and if this does not happen, then the interaction continues, and the contract itself automatically becomes indefinite.
Permanent contract
Indefinite contracts are concluded with all other employees who are not listed in Article 59 of the Labor Code. Based on the name, it becomes clear that such agreements have no limitation on their duration.
You can break such a relationship:
- At the initiative of the employer.
- At the request of the hired person.
- By agreement of the parties.
An indefinite agreement has a number of positive nuances for employees, namely, the employer cannot fire a person just like that without reason. Termination of relations on behalf of the organization is possible only in case of proven incompetence of the employee. But the employee himself can terminate cooperation at any time, while his motives may be different and do not require additional justification.
An open-ended agreement has a standard form and must contain the rights and obligations of the parties, prescribe special conditions and specific points. Its only significant difference is the absence of a line indicating when its validity expires.
Types of contracts by duration
Within the framework of Article 58 of the current Labor Code of the Russian Federation, it is possible to conclude two types of working agreements, which differ from each other in duration.
The first type of such contracts is open-ended, which are drawn up for an indefinite period. Another contract format is a temporary contract. Such a document is drawn up between the person who provides the work and the employee for a limited time, which cannot exceed 5 years. Article 58 of the Labor Code of the Russian Federation, while providing the opportunity to conclude fixed-term contracts, imposes some restrictions in relation to them.
For example, a work contract with a certain period of legitimacy in the absence of compelling reasons, which is established by the bodies of supervision and control over compliance with the provisions of labor legislation, will have the status of being concluded for an indefinite period. The current law directly prohibits employers from drawing up and executing a fixed-term contract with an employee, for the employer’s selfish purpose and without good reason, without providing the employee with legal guarantees.
A fixed-term employment document is concluded only in the case when, due to the specifics of working with an employee, it is not possible to draw up an agreement for an indefinite period of validity. Most often this concerns work on a construction site. The basis for termination of a temporary contract is its expiration date.
It is worth noting that if both parties to this agreement do not require its termination after the end of its validity, it will be automatically extended and will receive the status of a contract with an indefinite duration.
Advantages and disadvantages
The employer can see the positive aspects of using this type of interaction when hiring a team, which will not require him to constantly monitor the activities of builders (other specialists).
Payment will be made upon high-quality completion of the work, after which mutual settlements will be carried out. This form of relationship does not provide for payment of vacation pay and sick leave, which makes it possible to save some money.
If certain duties are not fulfilled or performed poorly, the employer has the right not to pay wages, including through the court or on the basis of the law on consumer rights. These categories of persons are dismissed without any special legal consequences for the employer.
The vagueness of the legal basis leads to the fact that the relationship becomes blurred, making it difficult to manage the work.
We invite you to familiarize yourself with how divorce works in the magistrates' court.
Often this type of relationship attracts unreliable or unscrupulous partners, since penalties for this type of hiring are more than difficult to regulate and impose.
By entrusting urgent and important work to such a partner, you may find yourself in a difficult situation if it involves obligations to third parties.
ATTENTION! If an employer formalizes in an employment agreement types of work that are subject to registration under the Labor Code of the Russian Federation, he is charged with liability on the basis
Part 3 of Article 5.27 of the Administrative Code
, with the imposition of penalties.
The positive aspects for hired workers (specialists) are that the procedure requires a minimum of provided documentation, characteristics and confirmation of qualifications.
Getting a job, as well as dismissal upon completion, is done quickly.
This gives you the opportunity to manage your time and adjust to receiving orders at your discretion. Since the work schedule is flexible, it is convenient to manage the schedule.
Negative can be called the meager guarantees received from the hiring person. Dismissal can follow at the slightest violation, when the claim for severance pay will have to be defended in court, without a guarantee of recognition of the claim.
If an illness occurs, you will have to adjust the delivery time of services or disrupt them, which can lead to a breakdown in relationships. It’s even worse if the work depends on the supply of resources from the customer or third parties.
The employee will have to engage in organizational activities that are not his responsibility, or take risks.
By the nature of the labor relationship
Types of employment contracts are also distinguished according to the characteristics of the upcoming labor relationship.
Most agreements are concluded so that the accepted person carries out his activities on an ongoing basis for an unlimited time. In such documents there is no reference to the special nature of the work ahead; only the permanent responsibilities of the person hired for the position are described.
But if a person is hired knowingly with special characteristics of future responsibilities, then this should undoubtedly be reflected in the contract. Special characteristics can influence the amount of salary, the presence or absence of certain benefits, as well as the duration of upcoming responsibilities.
Based on the nature of future relationships, they are distinguished:
- Contracts for part-time workers.
- Temporary contracts.
- Seasonal work.
Each of them has much in common, but they also have individual characteristics that indicate the distinctive properties of such relationships.
Part-time workers are a separate category of workers who perform work full-time or only part of it, but according to individual conditions. Combination assumes that a person already has another main job that he performs during set hours and days. When accepted into another organization, a part-time worker stipulates in advance when he can perform the duties assigned to him and to what extent. All these points are documented.
The contract for part-time workers must indicate:
- Information about the combined nature of responsibilities.
- Individual work schedule.
- Number of working hours per day, week, month.
- The amount of bet that a person accepts.
Part-time workers have some peculiarities in payment, in receiving vacation time, and in other aspects. These features can only be used if there is an appropriate note in the contract.
For temporary work
Performing a temporary amount of work can be characterized by:
- Deadlines, that is, a predetermined duration.
- In volumes, if the duration cannot be foreseen.
A limited duration is established in cases where it is necessary to replace a temporarily absent employee. For example, if the main employee went on a long business trip with a special assignment or when a woman went on maternity leave, and then on parental leave. Such contracts have a limited duration, but must also contain a note that they can be interrupted subject to the employee’s early return to his workplace.
In some cases, new units are accepted to perform a certain amount of work, for example, during the construction of new facilities or their reconstruction. It is difficult to say exactly what the duration of the cooperation will be, so the agreement should indicate the exact conditions under which the cooperation will be considered automatically completed.
For seasonal work
There are certain jobs that can only be carried out at certain times of the year.
This may be due to special conditions of the duties performed or weather conditions in a particular territorial district. The list of seasonal labor was established by Decree of the People's Commissariat of the USSR No. 185 back in 1932.
These types of work include:
- Repair of railway tracks.
- Snow and ice removal.
- Extraction and production of certain types of building materials.
- Logging and rafting.
- Uprooting stumps and cutting them.
- Fishing.
- Peat harvesting.
- Research on the water.
- Transportation of passengers to holiday villages, resort areas, etc.
- Collection of resin.
- Agricultural labor in crop production.
The listed categories include many professions. Seasonal workers can be hired annually for a strictly established period or without interruption of the contract, but with a reservation about which months the work will be done and when there will be free months.
How can a fixed-term TD become permanent?
The possibility of turning a fixed-term agreement into a permanent one directly depends on the employer’s desire to continue cooperation with the employee after the expiration of the temporary contract.
With the mutual consent of both parties to the labor relationship, it is possible to continue cooperation after the expiration of the urgent TD, a new one of an indefinite nature can be drawn up. In addition, the current legislation regulates that upon expiration of a fixed-term term, it can be converted into an indefinite one if the employer and the employee himself do not express a desire to terminate the employment relationship. This will apply even to those cases where the fixed-term contract was not terminated by the parties due to a simple oversight.
If the employer and employee express a desire to continue working, although the temporary document has already expired, then they can draw up an additional contract, which will stipulate the fact that the previously concluded temporary document becomes indefinite. This step will help to avoid future legal conflicts and misunderstandings between all parties involved in signing the TD. It is worth considering that the head of the enterprise must issue an appropriate decree on transferring the employee to permanent work.
Also, if, after the expiration of the contract, neither party has expressed a desire to terminate it, then the contract acquires the status of an unlimited term.
https://youtu.be/dKJTsXfvALc
Differences from an employment contract
What is the difference between an employment contract and an employment agreement?
In addition to the differences in the legal grounds associated with the basis of the agreement on the Civil Code of the Russian Federation, there are other characteristics.
The main differences between an employment contract and an employment agreement are primarily:
- The difference between an employment agreement and an employment contract lies primarily in the fact that not only a legal entity, but also an individual can act as an employer.
- Both an individual and a legal entity can act as a service representative, contractor, subcontractor or employee.
- The parties to the contract are different and depend on its specifics, for example, the customer - the contractor (performer).
- The subject of the agreement is different. With an agreement, this is a one-time job.
- When hired by agreement, persons are not subject to local regulations of the enterprise and other regulations.
- labor agreement and labor contract The employee himself ensures the organization of work and does not obey general rules and does not comply with hierarchical subordination.
- Not subject to personnel records.
- Payments are made in a special mode established by the agreement.
- Payments of sick leave and vacation pay to those working under an agreement are not provided.
- Can be installed for a short period of time, but not less than 5 days.
- When contracting and providing services, one should focus not on the urgency of the agreement, but on the deadlines for the delivery of the object (other work) or the provision of services. Specifying these deadlines is mandatory.
REFERENCE: Upon completion of work, an acceptance certificate must be drawn up, on the basis of which mutual settlements are carried out.
I. Concept and distinctive features of an employment contract
Any relationship between employer and employee must be regulated by relevant documents. An employment contract concluded between two parties is the root cause of the emergence of labor relations.
An employment contract, according to Article 56 of the Labor Code of the Russian Federation, is “an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by the Labor Code of the Russian Federation, laws and other regulatory legal acts, a collective agreement, agreements, local regulations acts containing labor law norms, pay the employee wages in a timely manner and in full, and the employee undertakes to perform the labor function determined by this agreement and to comply with the internal labor regulations in force in the organization.”
Thus, in its definition, an employment contract is clearly distinguished from other civil law agreements concluded to perform certain work (for example, a contract, an assignment), which is very important for the correct application of the law.
The difference between employment and civil law contracts is as follows:
- according to the employment agreement, the employee works in a specific position in accordance with his qualifications, and under civil contracts related to labor, the worker (contractor or performer, but not the employee) performs a certain task with an end result (for example, repairs or writing a book);
- under an employment contract, the work is performed personally by the employee, since only he controls his ability to work;
- In the course of his activities, the employee is obliged to obey the internal rules established by the employer, and their violation entails disciplinary sanctions or even dismissal. While failure to fulfill a contract related to work, but not being an employment contract, leads to civil liability;
- the conditions for performing the work are provided by the employer (and not the performer), and he is also responsible for the loss of the fruits of labor;
- the employer does not pay remuneration under the contract, but wages in the amount established by the employment contract.
By type of employer
The type of employment contract also depends on who exactly the employer is. According to the laws of the Russian Federation, not only a legal entity, but also an individual can act as a full-fledged employer.
We invite you to familiarize yourself with the Marriage Agreement and Spouse’s Bankruptcy
The main thing is that the employer, regardless of the form of ownership, must comply with a number of points:
- When entering into a relationship, be guided by current labor legislation.
- Do not worsen the working conditions of employees.
- Pay taxes corresponding to your form of ownership.
- Legally formalize labor relations.
Individuals, compared to legal entities, have a somewhat simplified procedure for concluding agreements, but this does not detract from their legal value. Moreover, such agreements are also taken into account when calculating social service and calculating pension benefits.
If the employer is a legal entity, then they enter into agreements with hired persons from a representative. The organization itself cannot carry out any actions, so it is always represented by an authorized person. The authorized person is the general director or manager. And in case of his absence, his official deputy or another person officially acting.
A director can represent the interests of a legal entity on two grounds:
- According to the Charter of the enterprise.
- By proxy.
When powers are issued with reference to the Charter of the organization, this means that this local legal document contains the individual data of the manager, who is its authorized representative.
Most often, powers are issued to the director through a power of attorney, which is renewed annually.
The power of attorney is official and notarized. Any agreement in its preamble contains information about the employing organization and the person representing it, as well as about the employee being hired.
The list of individuals who can be employers includes:
- IP.
- Lawyers and notaries with private practice.
- Private individuals who hire mercenaries to perform the work of nurses, nannies, drivers, and cooks.
What types of employment contracts are there for individuals? An agreement concluded between two individuals is not very different from a document signed by a legal entity on one side.
Such contracts also stipulate:
- Schedule.
- Responsibilities of the employee.
- Terms of payment.
- Reward amount.
- Special conditions that must be met (for example, confidentiality).
The agreement is drawn up in two copies and signed by both parties; its notarization is not necessary, although it is possible.
Decor
Depending on the scale of the work, the parties choose a design option from among:
- Compiled in simple written form, including provisions, clauses and sub-clauses at the discretion.
- Draw up and print on a sheet of A-4 format, sealed with the signatures of the parties. For legal entities, a stamp is required.
- Additionally, it is certified at a notary office.
For registration, the text of the agreement is developed, which is prepared in 2 copies and previously discussed by the parties, with the introduction and modification of individual clauses, provisions or the entire text.
IMPORTANT: Make sure that the agreement does not carry the functions of an employment contract and does not include its specific provisions and wording.
Many enterprises develop standard contract forms that are filled out when hiring an employee. In this case, all that remains is to enter the required information and generate the document.
It begins with the name, date of signing and registration number. Next, the parties are identified and the subject of the agreement is established. It becomes the type of work that requires the involvement of specialists or workers.
After its definition, individual provisions determine the rules and nuances of its operation.
ATTENTION! All provisions specified in the agreement, signed by the parties themselves, are subject to mandatory execution.
You must carefully review its text to avoid risks.
The provisions contain unified requirements, which include:
- rights and obligations of the parties;
- responsibility for the work;
- rules and conditions of mutual settlement;
- work acceptance rules;
- quality of services provided, quality criteria;
- provision of equipment and materials;
- responsibility for necessary expenses;
- financial liability for damage to equipment;
- terms of termination of the agreement;
- actions of the parties in force majeure situations;
- conditions for unilateral termination and termination by agreement of the parties.
At the discretion of the parties, depending on the functions and purposes of the document, it provides for the addition of specific clauses and selection of suitable ones.
Lease agreements
Civil law
A civil law contract has significant differences from a regular employment contract. And although the differences can be listed on one hand, you need to know them in order not to confuse these different terms.
- A civil law contract has several varieties, just like an employment contract. However, unlike the latter, civil law agreements are reflected not in the Labor Code, but in the Civil Code, in particular, in Chapter 2.
- As we know, the contract establishes the rights and obligations of the parties upon the performance of the labor function. But a civil agreement has a completely different purpose. This type of document regulates not the labor process itself, but its result. Also, this type of agreement can regulate property relations between the parties.
- A civil contract does not imply that the parties will enter into an employment relationship.
Contract
The work contract is rightfully considered one of the oldest in the system of civil law contracts.
This document establishes the relationship between two entities: the contractor and the customer.
The first undertakes to perform the work specified in the contract within a fixed period, and the customer pays for the work in accordance with the agreement.
The contract has several types depending on the area in which the contract is being carried out.
The subject of the contract is a thing created by the hands of the contractor or a certain result expected in accordance with the clauses of the contract.
As for the duration of the contract, they are established individually for each specific case and depending on the complexity of the work performed.
The agreement must be drawn up in writing and signed by both parties. Also, sometimes there may be a third party called a subcontractor. This person performs the main work assigned to her by the original contractor.
Effective
An effective employment contract is a new type of civil law contract that is just beginning to develop in our country. Typically, this type of agreement is concluded with public sector employees.
The main feature of an effective contract is that the employee’s salary consists of bonuses for the complexity of the work, the employee’s duties and incentive payments.
This agreement is a pilot project applied to certain categories of citizens by the legislator, and amendments and changes will be made to it more than once on issues of drafting.
But it is an effective contract that influences the increase in the efficiency of citizens, who, in order to increase the level of remuneration for their work, take on their duties with zeal.
Contract on state (municipal) service
An employment contract and its various types are also concluded with civil servants. Such agreements have some distinctive features.
A municipal employee enters into relations with a government body, and not with its specific representative. This conclusion procedure significantly affects further legal relations, which cannot be terminated at the request of a specific representative, but can only be terminated in the interests of the state body itself.
Otherwise, the agreement should provide for all the same aspects:
- Responsibilities of the hired employee.
- His work schedule.
- Salary.
- Method and time of payment of remuneration for labor.
- Rights and obligations of the parties.
In view of these features, it is legitimately believed that government contracts have a greater degree of protection of social guarantees than other agreements.