The peculiarity of the contracts is that they operate in almost all areas of economic relations. This is construction, and various services, and even the relationship between the employee and the employer. It is clear that such a wide scope of application creates some difficulties in the execution of contracts. And as a result, there are problems when performing work on them, and when closing.
Let's try to figure out what a contract is.
Article 702 of the Civil Code of the Russian Federation determines that a work contract is a type of contract in which the first party undertakes, using its own materials, using its own resources and taking on the risks to perform certain works / services. And the second party is obliged to accept these works / services and, accordingly, pay for them. The first party to such an agreement is the contractor.
An important component of the contract is the subject of the contract, i.e. the result of actions performed by the contractor under the contract and which the customer wants to receive. The result of a contract is not a process, but a result that the customer accepts. Those. for example, in the case of building a house, the subject of the contract is not that the contractor purchases materials, makes brickwork or brings in communications, the subject of the contract in this case is the house itself that meets certain criteria.
If the contract provides for a large amount of work, then a phased closure with the creation of an intermediate result of the work is possible. On the example of the same house construction, the first stage may be the acquisition of materials, the second - the construction of the house, the third - the summing up of communications, etc. With this breakdown, payment should be made after the closing of each stage, and in the contract these moments are specified and it is indicated what amount (or percentage of the amount) must be paid at the closing of each stage.
The price of work / services should be agreed upon at the conclusion of the contract and indicated in its corresponding paragraph. Justification of the price here can be estimates, costing, etc. If the cost changes, it is necessary to draw up an additional agreement, otherwise the customer has no reason to pay a different amount than stipulated in the contract.
The deadline for the performance of work / services and the form of delivery of the result of the work are also essential conditions of the contract. The deadline must be indicated in the contract, and in the case of phased closure - the deadline for each of the stages.
By agreement of the parties, other conditions may be included in the contract. However, in any case, the presence of some material evidence of the work is required. Therefore, the conclusion of a contract is impossible if certain services (for example, communication services) that do not lead to the creation of anything are involved.
In some cases, a contract may be concluded between the employee and the employer. This is possible if it is not a permanent job, but the performance of any work within the specified time period, for an agreed fee and when a specific product appears as a result of the work (for example, writing an article in a newspaper or painting walls in a room ) The difference between an employment contract and a work contract is that in the first case, the employer pays for the time that the employee spends on fulfilling the duties specified in the contract, and in the second - the final result of the work. In this case, the employee who has signed such an agreement is liable in accordance with the Civil Code and not with the Labor Code.
In the event that, instead of the labor contract, a contract is concluded, the employer is not obligated to provide the employee with a workplace and tools for performing work. All this, in accordance with the Civil Code of the Russian Federation, the employee must have it himself. An employee under a contract is also not entitled to any leave or sick leave.
Therefore, in the case of an employment relationship, it is still better for an employee to remain an employee and conclude an employment contract, rather than get involved in contract work.