How to conclude a work contract correctly

What is a work contract and why is it needed

The work contract is concludedCivil Code of the Russian Federation, article 702. Work agreement between the contractor and the customer. Within its framework, the first undertakes to perform certain work for the second. The result of labor shouldCivil Code of the Russian Federation, article 703. Works performed under a work contract to be material, materialized and subsequently become the property of the customer. It could be a new product, or developed documentation, or an improvement to an existing facility, or something similar. For example, a work contract can be concluded for sewing overalls, repairing equipment, manufacturing furniture.

The document establishes the rights and obligations of the parties, the timing of the work, the amount of remuneration and other important conditions.

How does a work contract differ from a labor contract?

Let's start with the fact that the work contract is regulated by the CivilCivil Code of the Russian Federation, § 1. General provisions on the contract

the Labor Code, and the Labor CodeLabor Code of the Russian Federation, section III. LABOR CONTRACT.

In a pair "employer - employee" bound by an employment contract, the latter is always an individual. In a pair "customer - performer" both can have any status: two companies, a company and an individual entrepreneur, two individual entrepreneurs, two individuals without the status of an entrepreneur. But to a person not registered as an individual entrepreneur, the state allows taking only one-time orders. If he does it systematically, he could be fined.Administrative Code of the Russian Federation, article 14.1 for illegal entrepreneurial activity.

Under a work contract, the contractor, unlike an employee with an employment contract, cannot receive social guarantees, for example, go on a paid sick leave. The customer is not obliged to provide him with a workplace and tools.

Olga Shirokova, Leading Lawyer, European Legal Service

The contractor, in contrast to a full-time employee, can involve subcontractors to perform work, not adhere to the dress code and daily routine established by the customer. No one controls his activities on a continuous basis, the emphasis is on the result, and not on responsibilities. And the contractor is paid, accordingly, not for the work as such, but for its result.

How a work contract is concluded

If both the customer and the contractor are individuals, and the transaction amount does not exceed 10 thousand rubles, then the contract mayCivil Code of the Russian Federation, article 159. Verbal transactions to be concluded and orally. In other cases, a simple written form is used - without notary certification. Here's what you need to specify in the document.

Subject of the contract

The type and amount of work and their expected result are prescribed here. For example:

Under this contract, the Contractor undertakes to perform work on the installation of internal heating networks and hand over their results to the Customer, and the Customer undertakes to accept the results of actually performed work and pay.

When will you formulate the subject contract, keep in mind that it must be separable from both sides, and its quality must be judged by objective criteria. For example, if the performer undertook to melt nails 5 centimeters long and 5 millimeters in diameter, this is the subject of a work contract. If you teach the customer to sing with a growl - no, since it is impossible to objectively assess the result of the work and separate it from the employer.

Deadline

At a minimum, you must indicate the start and end dates of the process. Interim periods are optional - this is allowed, but not a requirement.

For the contract to be considered valid, the subject and terms must be specified.

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Cost of work and payment procedure

Write down when and how much the customer should pay to the contractor and on what terms. For example, money can be given at a time or in stages, cash or transfer to the account. If there are many services and the exact scope of work is unclear, details can be specified in the annexes to the contract. For example:

The total cost of work under the work contract is 39,000 (thirty nine thousand) rubles. Payment is made in stages for actually performed work in accordance with Appendix 1.

The order of delivery and acceptance of work performed

Indicate when and how the contractor notifies the client of the progress and completion of the work. For example:

The Contractor shall notify the Customer five days in advance of the readiness to hand over the work or by the 25th day of each month about the completion of the work stage.

Rights and obligations of the parties

At this point, it is worth prescribing everything related to the transaction, even what seems to be self-evident. For example, here you can assign a duty customer accept the result of work in a certain period after their completion. Then he will not be tempted to delay the date of acceptance and, accordingly, payment. Or, you can specify that the performer is responsible for the state of the place in which he works. And if the furniture maker scratches your new parquet floor, you have the right to ask him for it.

A contract with an individual can be re-qualified by the court in labor, if the duties of the contractor coincide with the usual duties of a staff member. This could be:

• work on schedule;
• compliance with the company's internal regulations;
• the ongoing nature of work and pay;
• ban on subcontracting.

If you act on the part of the customer and do not want the contract to be re-qualified, make sure that there are no controversial provisions in it.

Liability of the parties

It clarifies who is responsible for what and what punishment awaits him. For example, if the builder delayed the deadline because he did not come to the facility on time, this is one thing, but if due to the lack of materials that the customer was supposed to deliver, this is another. And in the first case, you can provide fine for the contractor, in the second - for the employer.

It is better to think carefully about all possible circumstances and provide for fines, penalties, penalties and damages.

Applications

This section exists to attach estimates, project documentation and other papers that you will refer to in the contract.

Download contract template →

How to terminate a work contract

The parties may terminateCivil Code of the Russian Federation, article 450. Grounds for amendment and termination of the contract contract by mutual agreement at any time. If it didn't work out, the controversial issues will have to be resolved through the court.