Labor and civil law treaty: general and special
Labor relations can not be organizedonly on the basis of the LC RF, but also on the basis of another legal framework - civil law. Moreover, the use of this database makes it possible to carry out labor relations both to individuals and legal entities. A concrete instrument of such registration can serve as a civil law contract, the terms of which are regulated by the Civil Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, which regulates labor relations at the level we are accustomed to when we work on the basis of an employment contract.
The main civil-law contracts, the types of which are provided for by the Civil Code of the Russian Federation:
- trust management;
- on the implementation of R & D;
- the contract;
- provision of paid services for works;
- agency service;
It should be noted that the design of laborrelations with the treaties under consideration, is also not final and exhaustive. Contractual relations are provided for by other laws relating to various branches of law. In particular, if the Civil Code of the Russian Federation provides for a civil law contract with an individual, such relations in the sphere of management of joint stock companies are regulated by the law "On Joint Stock Companies".
The legal nature of the opportunity, through whichThe civil-law contract becomes a reality, proceeds from art. 103 Civil Code of the Russian Federation. This provision provides that if the relevant decision of shareholders is taken, the management rights of the joint-stock company may be transferred to another body that will implement the company on the basis of civil law principles. In a word, labor relations can be carried out on the basis of a rather diverse legal framework, and regulated by various regulatory enactments.
Partly, that is why, the contracts themselves and their implementation have significant differences.
Let's consider some of these differences. According to the Labor Code of the Russian Federation, the subject of the employment contract can be the direct work of an employee who he has no right to transfer to another employee. Under the civil-law form of relations, this situation looks somewhat different. For example, a certain company wants to improve the territory around the office and maintain it in proper condition. This can be done either by: expanding the staff and employing a gardener, or simply entering into a civil law contract with someone who will independently perform the work schedule, determine the types of work and will only be responsible for the final results of its activities . At the same time, this employee can not be assigned other duties, the content of which is not specified in the contract.
There is one more option that visuallydemonstrates the differences between labor contracts and civil law. For example, our company decides to entrust the improvement of the territory not to a specific person, but to a firm that specializes in this kind of activity. She, in turn, turns to the services of specialists who will work for your company. There is a direct transfer of work, and this is entirely permissible under the civil-law system of relations, and is unacceptable under an employment contract.
In short, the existence of such an institution ascivil contract, the personnel of the enterprise or institution is not discussed. However, the employee should also be aware that the differences relate not only to the conditions for the implementation of the subject of the contract, but also to certain social guarantees that, with this form of organizing the employment relationship, are somewhat limited. In this case, the employment contract seems preferable, since it provides for the employers to complete the list of social guarantees in respect of the employee.