Contract and employment contract what is the difference. An employment contract or a contract: what's the difference. Social insurance and social security

The concept of "contract" or "agreement" is quite often found in labor and federal law as a definition related to labor relations. Initially, agreements were called verbal agreements between interested parties. And contracts meant the written signing of a document stipulating all the terms of the transaction or labor relations.

In the Soviet Union, no special distinctions were made between these concepts. But in the new Russian labor legislation, the word “contract” was replaced in all its references to “contract”.

In the broadest sense of this word, an agreement can be considered both an oral and a written transaction. There is practically no legal difference between a contract and a contract.... However, there are still differences, and they are associated with the wording that are used in legal and regulatory.

The definition of a contract can be found in Article 56 of the Labor Code.

According to such a written agreement, the employer and the employee take on certain obligations and at the same time receive the rights also enshrined in the document. For example, the manager undertakes to ensure timely payment and working conditions in the workplace that meet all the requirements.

And the employee must not violate internal routine organization or enterprise, as well as treat their job responsibilities.

The concept of "contract" in modern labor legislation is no longer found, although it can still be found in individual thematic articles and books. This concept has been abolished in the Labor Code since 2002.

This concept can not be mixed with, concluded on limited period! Contracts can be either urgent or. For example, this document is signed with employees of law enforcement and military departments. And at the same time, it regulates precisely indefinite labor relations.

There is no prohibition on signing contracts regulating labor relations in the legislation. Accordingly, a document with this name is considered legitimate (although it does not appear in the Labor Code). This is evidenced by numerous departmental orders and regulations.

This document defines the rights and obligations of interested parties, indicates the size of the salary, prescribes the rules for remuneration of employees and others. important conditions.

What are the differences?

The Civil and Budget Code indicates a contract as the main type of document required when concluding a transaction if one of the interested parties is the state. It clearly spelled out the order of conclusion and the conditions on which the transaction takes place. For example, such a document is concluded based on the results of a tender for the supply of goods for municipal needs.

But this type of contracts in its legal status is close to (according to Federal Law No. 44, Article 3, paragraph eight).

tax code classifies contracts as foreign trade relations(Article 165 of the Tax Code). If a deal is concluded for the export of goods outside the Customs Union, a corresponding contract is signed. Such a document allows the interested party to receive significant tax benefits (zero rate). The use of the agreement in such cases would be inappropriate, since the signing of the agreement would entail problems with the tax service.

Thus, the difference between contracts and agreements lies in the origin of the concepts themselves and the status of the interested parties signing the agreement.

As mentioned above, the concept of "contract" should not be confused with a fixed-term type contract. According to the validity period, contracts concluded to regulate labor relations can have both a limited (urgent) and an unlimited (unlimited) period of validity.

Figuratively speaking, the contract is general concept, and a contract is just a kind of such agreement used in certain situations.

For example, a contract can confirm the fact of recruiting law enforcement officers, civil servants or military personnel (contract service). In case, the contract is used instead of the contract. The Law on Civil Servants directly states that a contract is concluded between an employer and a future employee of a state organization (Article 23 of the said Law).

Or, under the contract, certain services or works can be carried out. In this case, the contract is close in legal meaning to a civil-law contract. Such a contract has a specific duration and can not be... Its termination takes place on the basis of the reasons indicated in the document. And the employer has the right to additional incentives for the employee for the excellent performance of his duties (the amount of incentive remuneration and the procedure for its payment are also prescribed in the contract).

Service contracts and employment contracts: differences

Service contracts are signed by the employer or his representative and a citizen entering the service (Federal Law No. 79, adopted in June 2004). The service is both civil, carried out in various state organizations and structures, and military (or equivalent to it), carried out in the army, security forces, fire and rescue units (in the Ministry of Emergency Situations).

The main differences between such a document and an agreement concluded between employers and employees can be seen in the table:

In the process of hiring a person for work, the employer must necessarily offer the hired person to sign a paper that would contain the rights and obligations of both parties. In most cases, the prospective employee is asked to sign an open-ended employment contract, but in some cases, a contract. Assuming that these are synonyms, many people are deeply mistaken and, as a result, fall into the legal "trap".

It is in order to avoid subsequent problems in the relationship with the employer and not to spoil your reputation by litigation, and it is worth considering what is the difference between these two types of documents.

Why does this question arise?

The whole point is that a contract is a much tougher document, than a contract. "Contract" translated from Latin means "deal", which emphasizes its specificity. The contract presupposes the assignment of obligations to the employer and employee established on paper, the failure to fulfill which gives the injured party the full right to apply to the court for damage.

In this sense, the treaty is rather symbolic meaning and contains only general statements of rights and obligations. The document confirms that the employee is actually employed in the organization, and other aspects of his work are regulated by the Labor Code of the Russian Federation.

Thus, the signed contract significantly limits the employee's actions, not allowing, for example, to quit at will, which, of course, is not to everyone's liking. That is why it is worth paying attention to whether a contract or agreement is allowed to be signed when applying for a job, especially if you are not going to stay in this organization for years.

Differences between contract and agreement

Labor contract gives the employee the right to quit his job at any time (of course, having warned his superiors a month in advance) and does not contain information about the terms of employment, that is, it is indefinite. You do not need to renew your employment contract. In the same time the contract strictly fixes the terms and is usually concluded for a period of 1 to 5 years. After this time, the employee may be asked to renegotiate the contract, that is, to sign a new one, or it may be refused if the qualifications, education or, possibly, age do not allow the employee to perform his work efficiently and achieve the goals set by the organization.

The company is not obliged to inform the employee about the reasons for his refusal, just as the employee should not explain why he no longer wants to work at this place of work, however, they are obliged to inform each other about their intentions two weeks before the expiration of the contract. In this respect, the company and the employee are equal in rights.

At the same time, if one or the other side has a desire to terminate cooperation ahead of schedule, it will be impossible. The contract must be worked out to the end, therefore, the company will be obliged to pay the employee his salary for the entire period fixed on paper, in any case. In the opposite situation, if the employee himself does not want to work for the company anymore, this will most likely lead to a lawsuit and a fine.

Finally, another difference is that the contract regulates not only the period for which the employee is hired, but also others. important points, such as:

• conditions under which the employer can terminate the contract v unilaterally... Thus, firms are insured against incompetence or indiscipline of employees. A similar condition may be, for example, a low score in passing a professional certification;
• amount of compensation, which the person wishing to terminate the contract must pay to the other party. It is also likely that the amount of compensation for non-compliance with other clauses of the contract will be prescribed;
• sum material responsibility an employee for possible damage (damage to equipment, theft);
• incentive measures for employees to increase productivity, for example, an increase in NPV (hourly tariff rate) or additional vacation days.

A superficial acquaintance can lead to the fact that the employee will find himself in truly onerous conditions. The contract is more often a standard form containing template information.

Is the contract even legal?

Such a question may also arise, given that this term has not appeared in the Labor Code of the Russian Federation since 2002. However, the law does not establish bans on the conclusion of contracts, and, as you know, what is not prohibited is allowed. However, the word "contract" is nevertheless used in one case without fail. We are talking about state and municipal orders, which are drawn up mainly in a contract form.

There are several reasons why the contract is used:

1. Conditions for municipal and state ordering are severely limited by the regulations of the Ordering Law. The agreement is inappropriate if only because the principle of its freedom is severely limited by the legislator.
2. The conclusion of a government contract requires the passage of such legally important procedures as auction and bidding.
3. Funding comes from government sources, which is again indicated by the term "contract".

Thus, the concept of "contract" fully reflects the specifics of the state order.

Agreement or contract: practice of leading countries

While in Russia both the contract and the contract are used in the recruitment of personnel, other countries adhere to a different policy. The contract system is very well developed in the USA, which is a consequence of the new economy. Leading management experts assume that the contract system is the future due to the increasing mobility of the workforce.

Fewer people remain committed to their AlmaMater, trying to get as many diverse experiences as possible. The same experts determined that optimal time work in one place - 3 years, after which the employee begins to lose efficiency and needs a shake-up. Wall-Street firms have long used such a system, exchanging financial analysts with one another.

Another attitude is in Japan, where lifelong employment is practiced. Contracts in Japan are practically not used, because when hiring an employee is asked to sign an open-ended contract, violation of the terms of which is condemned by society. This system is a tribute to centuries-old Japanese traditions.

Pay attention to the content of the paper that is signed when applying for a job, in any case. However, in the case of a contract, you need to be more careful and careful.

When we get a job, we notice that some organizations conclude employment contracts with their employees, and some - contracts. Let's consider how the contract differs from the contract.

Labor contract

The labor contract came to us from abroad. In the United States, it is the main document in recruiting. By what principles does he act? The contract is valid for 1 to 5 years. Then, it is either extended or terminated. Renewals and terminations of the contract are warned two weeks in advance. What is important is that if the contract is terminated unexpectedly (i.e. during the period when it still has to be valid), then the employer pays compensation to his employee. The contract clearly specifies the place of work, conditions, position, profession and specialization of the employee, the rights of the parties, the method of remuneration, additional bonuses, bonuses and dates. The contract expires if: its term expires, labor safety rules are violated (injury, death), violation of certain points by an employee or employer, violation of discipline, failure to fulfill labor duties.

Labor contract

Now let's look at an employment contract. This document is not limited in any way and is based on labor Code RF. An employment contract is an agreement (oral or written) between an employee and an employer in which the employee undertakes to perform a specific job, with clearly stated responsibilities, schedule and conditions. The employer is obliged to provide the employee with his workplace and necessary inventory... The employment contract clearly indicates the data about the employee and the employer, the place of work and profession, the duties and rights of the employee, the mode of work and rest, the conditions of remuneration, the availability of a social package. An employment contract is terminated: upon agreement of the parties, termination of an employment contract by an employee or employer, due to force majeure, due to the liquidation of an organization, non-performance of duties by an employee, violation of discipline, absenteeism, gross violation labor protection rules.

An important difference between the two documents: an employment contract can be terminated by both the employee (2 weeks notice) and the employer; the contract can only be terminated by the employer, subject to a gross error on the part of the employee or on his own initiative, but with the payment of compensation. Today, most of our codes are being roughly reformed, and accordingly the employee can simply be used by the employer. An employment contract is a document of the past. Due to such a document, it is much easier to violate the rights of an employee and force him to leave according to on their own... With regard to the contract, the situation is the opposite. The employer is interested in the employee, and accordingly, the contract guarantees 98% that the person will hold out at his job for the full duration of the contract. This means that there is little confidence in the future, in contrast to the employment contract. In addition, the contract clearly spells out the nuances that cannot be violated, which means that the employee retains his rights and clearly understands his responsibilities, which are spelled out in black and white in the contract. Everything that is not in the contract is not required to be done by the employee. A contract is safer than an employment contract. Therefore, it is likely that in the coming years, many organizations will switch to the contractual form of recruitment.

For common man it is not at all shameful to confuse an employment contract and contract of employment... But knowing the differences between these acts in the literal sense can decide your fate as an employee.

The thing is that an employment contract and an employment agreement are concepts from different spheres rights and they regulate a different range of relations.

This document establishes the rights and obligations of the employer and the employee, and also guarantees their implementation.

In general terms, the content of an employment contract is as follows:

Employer A and employee B sign an act, according to which B gets a job with A with a guarantee that all his rights provided for labor legislation... Employer A obliges B to perform the functions assigned to him with high quality and not to violate the internal regulations of the organization. At the same time, both A and B reserve the right to cancel the agreements at any time at their mutual will or in case of failure by one of them to comply with the terms of the agreement.

Labor agreement - concept and features

This view regulatory legal acts are not regulated by labor legislation Russian Federation. Labor agreements are concluded when hired work at short term, therefore, fall within the competence of civil legislation.

The conditions of such acts presuppose that the performer will carry out a certain work and receive a monetary reward only after its completion. In other words, the subject of the labor agreement is not the employee's work itself, but his result.

Similar agreements are concluded when device is on (for example).

In this act, the issues of discipline and protection of the rights of the performer are often ignored, the number of days off and the right to vacation are not determined.

For this reason, the employment agreement is a legal loophole for unscrupulous employers. The preparation of this document should be treated with utmost care. Of fundamental importance is the presence of a fixed amount of remuneration for the work done.

The labor agreement is as follows:

Employer A instructs Performer B to perform certain work within a specified period. A undertakes to pay B a certain monetary reward after the work is fully completed.

Differences between employment contract and agreement

Fundamental difference between an employment contract and an employment agreement consists in the subject of regulation... The first determines the working conditions of the employee, the second - the result of this labor.

An employment contract establishes a fixed wage that is paid to an employee periodically and on an ongoing basis. The labor agreement provides for a one-time cash reward for the result of work. In addition, the obligations of the parties are clearly indicated in the employment contract, which is rarely the case when an employment agreement is concluded.

The employment contract is not limited in time, while the employment agreement expires after the contractor fulfills the duties assigned to him.

These differences are clearly presented in the table.