As a rule, the majority of citizens realize theiremployment opportunities with the conclusion of a contract of employment with the employer. However, with the liberalization of economic relations, the expansion of their types and forms of implementation, it became necessary to expand the legal procedures for formalizing such activities. One of them is the design of economic interactions through civil law procedures. As provided by law, a civil contract for the provision of services (and all its varieties: contracting, donations, agreements, etc.) has some important differences from our usual employment contract, although they have one legal nature - they all exercise the constitutional rights of citizens to work.
Consider some of the differences between these forms of contracts,This is important from the point of view that the nondiscrimination of these concepts quite often leads to misunderstandings in law enforcement. Civil-law forms of relations are most widely used in the service sector, and since almost all people now, one way or another, are associated with this area, let us consider the differences between these forms using the example of contracts in this area, where the main contract is .
Наиболее общими отличиями гражданско-правовых relations from ordinary labor is that they conclude and terminate contracts in different ways, the terms of contracts change differently, if such is required during the terms of their validity, these types of contracts also have different legal consequences. All this is connected with the fact that the employment contract is a sphere of labor relations, which by their nature are more preferential than civil law.
The main difference that they containthe employment contract (TD) and the contract for the provision of services is in their subject matter. The employment contract is signed for the whole sphere of relations stipulated by the professional qualifications of the employee, and it is allowed to combine professions in which the employee will perform the labor function in the enterprise. In addition, after the completion of any activities within the TD, the relationship between its parties does not end, as the employer has the right to give other orders specified by the contract, and the employee is obliged to execute them. Meanwhile, the contract for the provision of services provides that immediately after the fulfillment of the services stipulated in the document, such relations cease.
The subject of a traditional employment contract is ours.labor, regardless of its results, while any contract for the provision of services under the subject implies, first of all, and only, the results of labor, that is, it is not about the labor function in a broad sense, but specifically about the task.
It is also important to know that a common wayregistration of economic relations is an agency agreement for the provision of services. It does not carry anything very different from the standard contract for the provision of services, except that it is not concluded directly by the customer and the contractor, but through the mediation of an agent, that is, a person or company, which is engaged in such activities professionally and legally.
Рассматриваемые виды договоров различаются и по conditions that they stipulate and suggest. If the labor strictly regulates the working conditions and provides for sanctions for violations, then in civil law it is not.
The employment contract involves the executionproduction tasks directly by the person who entered into the contract, and in the service contract the contractor is responsible only for the final result of the work and may involve other persons in the assignment.
These agreements contain other differences, butthe main thing is that in civil law there is and is used as a principle, the legal equality of the contractor and the customer, and in labor law - the principle of the employee’s subordination to the employer.
