Comparative analysis of categories of Labor contract

Aug, 08 2021

Contents:

The state regulates the relations between the employer and the employee through legislative acts. The highest force of them after the Constitution is endowed with the Labor Code of the Russian Federation. It defines an employment contract as an agreement between an employer and an employee, which regulates their relationship during the validity period of the document. The employer undertakes to provide the second party with the place, means and conditions for carrying out the activities stipulated in the agreement. For the implementation of the functions prescribed in the contract, the employer must transfer funds (remuneration) to the contractor in compliance with the terms and scope.

By signing the contract, the employee confirms his consent to carry out activities under the management and control of the interested party. He undertakes to carry out the prescribed functions efficiently and on time and perform tasks within the framework of the agreement, that is, only the employer and the employee are participants in the employment contract.

The hierarchy of sources of law in the regulation of relations between these subjects are as follows:

  • The Constitution of the Russian Federation;
  • Labor Code of the Russian Federation;
  • federal laws;
  • regulatory acts of the organization (orders, rules, regulations, journals).

Currently, in the field of regulation of labor relations, the concept of “contract” is excluded from regulatory legal acts. This term mostly describes legal relations at the level of a civil lawe agreement. In practice, it is used to determine the rights and obligations of the parties for a short period of time for the paid performance of a certain type of work or the provision of services. If we are talking about signing a contract between an employer and an employee, the document defines specific tasks that the latter must perform within a certain period of time, and the amount of remuneration.

Service contract

This term regulates the labor relations between the parties during the civil service in a public institution. The Federal law defines state civil service as one of the types of professional activity of a specialist who is a citizen of the Russian Federation. In accordance with the regulations, they ensure the full functioning of state bodies by fulfilling obligations to residents of the Russian Federation and foreigners, the implementation of the powers assigned to them.

The subjects in this case are a specialist and a representative of the employer (an official). This is a special type of agreement that is of a public nature due to the regulation of relations at the level of state legislative, judicial or executive organizations.

In other words, civil servants ensure the smooth operation of the state apparatus at all levels of government and exercise the rights of citizens to use the results of this work.

Differences in documents

An employment contract differs by the level of organization with which a citizen interacts, so you can compare the agreement and the contract within the same horizontal.

These two agreements, which are identical in their legal force, describe the powers and obligations of the parties to varying degrees. The list of conditions for carrying out activities is broader in the contract. It specifies the following points:

  • rights and obligations of the parties;
  • functions assigned to the employee;
  • mention of the conditions under which professional activity will be carried out (under the control and management, at the expense of the employer and on its territory).

In addition to the specific conditions describing the nature of the activity and the specifics of the tasks performed, the contract lists the national provisions under which a citizen has the right to carry out labor activity:

  • working time standards;
  • The right to rest;
  • Working conditions;
  • the amount of payments if a citizen works in dangerous or harmful conditions;
  • guarantees of providing social insurance;
  • description of the nature of the work.

The employment contract specifies the conditions for performing specific works and the date of their completion. The validity period of this document, as a rule, continues until the services are fully performed by the employee. He himself determines how, by what means and where (unless otherwise specified in the document), he performs the assigned tasks. At the same time, the employer (customer) does not carry out current control, but accepts an already completed object. This is a short-term document that does not provide social guarantees. Payments for a specific amount of work are prescribed here.

Service contracts and employment contracts: differences

A comparative analysis of the categories of an employment agreement and a contract includes:

  • The period for which the agreement is concluded. A contract is a short-term document. The opposite approach involves performing work for a long period of time (from a year or more).
  • Scope of work. In the civil legal form, they describe the specific type and scope of work/services. In the second case, the functions are specified by tasks, and it is determined in whose interests they are performed.
  • Remuneration of labor. According to the contract, remuneration is provided for the performance of a specific work/task. In the second case, monthly payments are determined, including additional payments and the conditions for receiving them.
  • Control. With a signed contract, the employer exercises control and management throughout the entire process of implementing labor powers. In another form, the employee carries out activities without current control.

Any activity in which there are two or more entities should be regulated by a regulatory act, which can be an agreement or a contract. The type of document depends on the purpose of the conclusion. If it is necessary to perform a short-term task, the parties sign a civil contract. If the organization needs a permanent employee, then choose the second option. The public-legal nature of the relationship is regulated by an official contract. Practice shows that each of these types is very specific and functions within the framework of specific legal relations.

Author of the article
Comparative analysis of categories of Labor contract
Valentina Khlavich
Managing Partner
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