Why do you need a GPC contract and how to draw it up correctly
Right Educational Program / / January 05, 2021
What is a GPC agreement
A civil contract is an agreement under which one-time services are provided or one-time work is performed. Moreover, it is not the work itself that is paid, but a very specific result. The customer accepts it by signing the appropriate act. GPC Agreement is the general name for agreements governed by the Civil Code. For example, it can be:
- Contract agreement - if the result of the work has a physical embodiment and can be transferred to the customer. For example, an order for the manufacture of a chair.
- Contract for the provision of services for compensation - if the result does not have a physical embodiment. This includes educational, consulting and other services.
- Contract of carriage - if the cargo, passengers or baggage is transported by any type of transport.
GPC contracts are suitable to document the relationship between the client and freelancers or freelancers. With these words, programmers, copywriters or designers are most often represented. But the same is true for builders, furniture manufacturers and other professionals. It is not the sector of employment that is important here, but the irregularity of work and the fact that work is performed or services are provided.
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How does a GPC contract differ from a labor contract?
It is important not to confuse the GPC agreement with labor. In the second case, the relationship is already regulated by the Labor Code. So there are a lot of differences:
- An employment contract creates a pair of "employer - employee", and the latter is always an individual. Under a GPC agreement, both the customer and the contractor can have any status.
- The employee receives a salary for his work. The contractor is paid for the result.
- The employer is obliged to provide the employee with tools and a workplace, the customer of the contractor is not.
- The employee has social guarantees, such as paid sick leave and annual vacation, the artist does not.
- The employee is registered in the state with an entry in the work book. Only a contract is concluded with the contractor.
- The employer has the right to regulate when, where and how much the employee should work. The contractor can decide for himself.
As for taxes, if the contractor is an individual, then the customer paysOn the calculation, withholding and transfer to the budget of personal income tax in relation to payments to individuals (not registered as individual entrepreneurs) under civil law contracts, as well as payments insurance premiums for him income tax, as well as insurance premiumsRF Tax Code Article 420 to the Pension Fund and the MHI Fund. The employer, in addition, transfers contributions to the FSSFederal Law "On Compulsory Social Insurance Against Industrial Accidents and Occupational Diseases" dated 24.07.1998 N 125-FZ.
If the terms of the GPC agreement resemble the provisions of the labor agreement, then the first agreement may be re-qualifiedLabor Code of the Russian Federation Article 19.1. in the second. Such a decision can be made by the State Labor Inspectorate to protect the rights of the employee. Therefore, it is important not to allow language in the GPC agreement that would give grounds for this.
For example, if an agreement with an accountant says that he must provide a quarterly report by a certain date, this is a GPC agreement. If it is written that he must do work on weekdays from 8 to 17 o'clock, come to the office daily, and he is entitled to remuneration on a monthly basis, then this is very similar to an ordinary labor relationship.
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How to conclude a GPC agreement
If both parties to the transaction are individuals, and the amount of payment does not exceed 10Civil Code of the Russian Federation Article 161. Simple Written Transactions thousand rubles, then they can agree without documents, orallyCivil Code of the Russian Federation Article 159. Verbal transactions. The rest will have to draw up an agreement in simple written form.
As stated earlier, a GPC agreement is a generic name. So you can conclude a work contract, paid services, transportation, storage, and so on. But there are no strict requirements here, so technically you can call the contract whatever you like (within the framework of common sense). Much more important is what will be in it.
Subject of the contract
It prescribes what and to what extent the performer should do and what result follows from this. For example:
In accordance with this Agreement, the Contractor undertakes to provide the Customer with consulting services for cleaning the area adjacent to the building at the specified address, and the Customer undertakes to provide these services.
Deadline
It is important to indicate the end time not only of the end, but also of the beginning of work. If you wish, you can enter intermediate stages and results into the contract. For example, a designer enters into an agreement to update the site header once a season. However, he does not want to wait a year for money. In this case, he can receive payment once a quarter - upon completion of the work.
Services are provided by the Contractor on the basis of the Customer's applications sent by e-mail. The start time for the provision of services: 7:00 of the day following the day of receipt of the application. The deadline for the provision of services: 17:00 on the day following the day of receipt of the application.
The order of delivery and acceptance of work performed
It is not enough for the contractor to do his job - the contractor must accept it. It is important to indicate in the contract how and when he must do it. Based on the results, he signs an act of acceptance of the work performed or services rendered. It is this document that confirms that the contractor has fulfilled his part of the transaction.
It so happens that the customer is delaying the acceptance of work, just not to pay. Therefore, it is important to prescribe the time frame in which he must do this.
Cost of work and payment procedure
How much, when and how the customer must pay the contractor. For example, if the contract implies several independent services, they can be paid as each one is performed. Or the contractor will receive the full amount when the project is completed. Here's how you agree.
The ability to attract third parties
The customer can allow or prohibit the contractor to delegate part of the work to someone else. For example, he hired plasterer with the best recommendations and wants only him to touch its walls. In this case, it is logical to prohibit the possibility of attracting third parties.
Conditions for checking and making improvements
The worst customer in the world is someone who doesn't know what they want. He cannot formulate the terms of reference, and then to any proposed option he says: βI donβt know, itβs not that at all.β To stop this guessing, you need to regulate how many times the performer will make edits.
Liability of the parties
An important point that will help protect both parties to the transaction, if everything is carefully thought out by the time the agreement is signed. For example, the customer can provide for a fine for failure to meet the deadline due to the fault of the contractor. And he will answer him with sanctions for too long acceptance of work.
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How to terminate a GPC agreement
This can be done by mutual agreement of the parties at any time. It is necessary to formalize the decision in a separate agreementCivil Code of the Russian Federation Article 452. If the agreement did not work out, this issue is resolved court.
Depending on the type of agreement, there may be other conditions for the termination of cooperation. For example, the customer has the right to terminateCivil Code of the Russian Federation Article 717 contract agreement, if it pays the contractor for the work performed and (or) the costs incurred by him. With a contract for the provisionCivil Code of the Russian Federation Article 782 services, any party to the transaction can terminate it after compensation for damage to the second party.
In addition, you can prescribe the conditions for changing the contract in the document itself. This will make your relationship with the other party more predictable.
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