GPC agreement. A contract of a civil law character. GPC contract for the provision of services

A civil law contract is a written agreement between individuals or legal entities that determines the appearance, change and termination of legal relations. This includes actions such as buying and selling, donating, exchanging, building a contract, storage, insurance, transportation and many others.

Agreement conditions

Concluding the legal act, the employer is not obliged to make notes in the work books. Nevertheless, the specified period, during which the work is performed or services are provided, should be included in the insurance experience, which gives the right to a legitimate pension. The duration of the period of employment, which is considered to be an insurance period, depends on the term entered in the GPC contract. Moreover, the employer should transfer to the bodies of the Pension Fund insurance premiums accrued on monetary compensation. This allows you to replenish the employee's funds in the state account in the same way as the accumulation of other employees.

Information on payments under the contract of the amount that is transferred in favor of the fund, the employer must provide the same as part of the usual personalized reporting. For the employee in terms of receiving a pension in the future does not play a decisive role, according to which contract to engage - labor or civil law. Such contracts are determined by the requirements of the Civil Code, where each chapter of these agreements is devoted to a separate chapter.

Items in the legal act

Schematically, a typical GPC contract consists of the following defining positions:

• Introduction. Here the name of the act, the place and date of its signing, details of the contracting parties are indicated. In their role can act both legal and individuals. Between them there is a difference in that for the first (as a rule, customers) the organization or its representative is indicated, on behalf of which the contract is fastened. For individuals, the name, patronymic and surname, passport data and residence address are indicated.
• The essence of the contract. Here mention all the main terms of the agreement: the name of the subject of the discussion, in other words, what exactly is meant, the technical conditions of the work performed, the duties and the respective rights of both parties, the period of guaranteed fulfillment by the signatories of their obligations and requirements. Since the main goal is to be able to fulfill the civil law contract, the type and quantity of the work and services rendered by the hired employee are prescribed clearly and in detail, with explanations.
• The cost and order of settlements, where the amount of remuneration is established on the fact of the labor expended and the system of payment of monetary funds is determined. According to the requirements of the civil law contract, the hired employee independently chooses the methods of fulfilling orders, provided that the contract is not otherwise stipulated. If it does not provide for preliminary remuneration for the services provided or for payment of certain stages of their commission, the customer is obligated to pay the amount prescribed by the agreement after the final work is done, provided that it is duly executed and in the exact period.
• Additional, as well as other conditions that do not necessarily need to be indicated in each document, but they can in some way affect the current implementation of the obligations of the parties: responsibility for the execution of work, ways of securing it, sanctions to either side in case of possible breach of the agreement, good reasons for Change or complete dissolution of the act unilaterally, agreement on the confidentiality of information, the procedure for resolving disputes arising between signatories.
• The final part of the contract contains the requisites and signatures of both parties. Being a legal entity, the customer enters the requisites in the following order: the name of the organization, its postal address, mandatory TIN, bank account details. The way to design attributes involves graphic selection. And for an individual, the details are indicated in a completely different sequence: full name, passport data, postal address of residence or registration, also TIN, home (any contact) phone. If an agreement requires this, they write the payment details.

Labor function

One of the most important distinctive features of typical GPC contracts can be called the subject matter of the parties' agreement. The essence of the act of signing is the expected final result of the work or the level of services provided, which the employer takes at the time specified in the contract. How the process of performing the required work will flow should not be the object of excitement of the customer, but this does not prevent him from taking part in the verification of the progress of implementation of the clauses of the contract.

By the established date, the hired employee must deliver the completed task and transfer the result to the customer on the basis of a special Act of Completed Works (or services rendered). This document serves as the basis for paying remuneration to the performer.

Realizing the requirements of the points of the signed agreement, the contractor has the right to involve third parties in the labor process, unless otherwise required by the contract. The contract is not subject to the customer's internal regulations. Therefore, he does not have to obey the rules of the organization that hired him, as well as the requirements of her officials. Of course, the customer at any time can monitor the performance of the task, but can not control the performer himself or give him binding instructions.

The working process

If for employees who are provided with a time-based payment, the time sheet is the basis for further calculation of wages, then the hired earners are rewarded with closed orders that can confirm the fact of the conditional amount of work performed. The contractor independently determines the degree of intensity of the labor regime, develops an optimal plan for the successful implementation of the task, establishes the daily real work size. The customer is not required to take into account the working time that the employee spent on solving the problem, and will not pay him extra for probable overtime even on weekends and holidays. Concluding the GPC contract for the provision of services, the employer should focus only on the provisions and requirements of the Civil Code. The document is signed by specific representatives from both sides, a wet signature is sealed. The completion of the work under the agreement is confirmed by the Acceptance and Acceptance Act.

Working conditions for a citizen

GPC, as opposed to a full-time employee, is not obliged to create conditions with a specially equipped workplace. The customer is relieved of the need to be responsible for safety and labor protection in relation to the performer. These questions lie entirely on the conscience of the contractor. On the contrary, in terms of equipment and materials, the contract should determine whether the customer should provide the employee with materials and tools. In the absence of such a condition, the performer uses his own.

Also floating is the issue of an accident at work. Hired by the GPC contract it is difficult to obtain from the employer a temporary disability allowance. The fact is that the customer has the right not to include in the contract an item on accident insurance.

Registration under the GPC contract does not require strict admission to work. It is enough only signatures under the agreement, in contrast to the procedure for acceptance under the employment contract, according to which it is required to issue an order and make a personal card per person.

Financial issue

A typical GPC contract allows the contractor to receive compensation for the work (services) provided only after the completion of the full amount of work. Thus, if the customer hired an employee for several months, then he does not have to make periodic payments. However, if not all of the work completed by the contractor is terminated, the salary may not be paid. At the same time, a special condition for the payment of an advance (step-by-step delivery of work) can be provided for in the contract agreement. In this case, the customer should pay for individual stages of production, adopted by him under the Act.

Financial calculations for the result of the work done with the contractor who concluded the GPC contract, the organization must correctly reflect account No. 76 from the Chart of Accounts "Settlements with Other Debtors and Creditors". Thus, for the employer the signing of the GPC contract brings certain advantages, and for the hired employee more often leads to negative consequences.

Features of the civil agreement

The organization can conclude an agreement with those employees whose positions are not provided for in the staffing table. This means that the customer is allowed to employ any number of freelancers. This circumstance also leads to the fact that the employer is free to refuse any applicant without explaining the reasons for such a decision. This follows from the thesis on the freedom of citizens and legal entities in agreeing or denying agreements under the Civil Code. For example, the organization does not intend to hire people from Asia or older than 50 years, or nonresidents without registration.

The agreement provides the employer with a wide range of "maneuvers" for the number of personnel. The standard labor legislation limits the actions of the customer by special norms. If, for example, he wants to refuse to the competitor, then there must be appropriate justification without taking into account personal preferences. Since the GPC contract for the provision of services in all cases is for a certain period, it is not necessary to get rid of an unnecessary employee, you just have to wait until the end of the work.

The problem of hampering a wage worker

During the validity of the GPC contract, for a possible violation of the deadlines for performing work from a negligent contractor, a penalty may be imposed in the form of a fine (penalty). And if the violations take a more serious look and damage to the property of the customer is caused, the employee is obliged to compensate for the losses in full. Moreover, unlike the norms of the employment contract, under civil agreements for the provision of services, the contractor assumes the risk of unexpected damage to the result of the finished work prior to its acceptance under the Act.

For cash payments to a hired employee, the employer is obliged to assess only the Pension Fund and the MHIF. But the insurance contributions to the FSS from the employer have the opportunity to save, because they do not need to make.

As for the holidays, the question here is not on the side of the employee. In the civil law for employees under the terms of GPC contracts, leave is not provided for. Unlike the rest of wage earners, who have a minimum duration of annual paid leave of 28 calendar days.

Social features of the contract

Registration under the GPC contract for students means that the employee does not have the opportunity to get paid, as in others, educational leave, because the Civil Code does not provide for such a social guarantee. At the same time, he can not expect, unlike a permanent one, an annual one-time travel payment to the place of correspondence study and the return journey. Along with this shortcoming, the GPCs drawn up under the agreement are also deprived of the opportunity to receive additional payments that the employer can do to their employees: material assistance, compensation of the cost of a voucher, payment for treatment, replenishment of part of a labor pension, reimbursement of interest on loans,

The customer is not obliged to give the contractor a property deduction in case of purchase or construction of housing, does not make a social deduction in the amount of personal pension contributions paid by the contractor to the non-state fund under the terms of the non-state security agreement.

The employer under the civil agreement is deprived of the need to pay temporary disability allowances related to the care of a sick family member, with quarantine, with the treatment in a sanatorium-resort institution, with prosthetics. A paid employee is required to make such payments through the social protection authorities. In this case, all of them will be produced in the minimum amount, despite the size of past incomes.

The amounts that the employee receives under the GPC contract are not taken into account when calculating the average earnings. It follows that in the future, when the contractor has to conclude an employment contract with the organization, these amounts will not participate in calculating the averaged revenues.

The transformation of the GPC contract into a labor

Proceeding from the fact that the current legislation is on the side of the employee's interests, the court may find it possible to call the GPC contract a virtually regulated labor relationship between the employer and the employee. Thus, it turns out that in this case the requirements of labor legislation and law will apply to them. Here the specific content of the contract is of paramount importance.

If the judgment passes a verdict on labor relations, the employer should formalize the labor contract with the employee whose start date refers to the past, on the day of signing the GPC agreement. This will force the employer to pay the employee for periods of temporary incapacity for work, to provide previously taken paid leave, to pay for it the costs of insurance premiums, etc.

The following circumstances may serve as grounds for the court to recognize the GPC contract as a labor one.

• The need to comply with internal regulations, work schedule, strict implementation of orders of the employer.
• Payment of wages must be made on an ongoing basis.
• Execution by a natural person of specific actions and duties imposed on him for a very long time.
• The fact of the presence of liability, which was imposed on the contractor GPC contract.
• Arrangement for the employee of the workplace for the customer's funds, as well as providing him for effective work or providing the services provided by him, equipment, mobile communications, overalls, CCP.