Behold the root CONTRACT

Not so experienced in the intricacies of the law citizens unwittingly, may find themselves in a rather unpleasant situation for themselves. A common example. Tempted by the promise of a potential employer to take on contract work, the person agrees, puts his signature on a document, and only then begins to make for themselves the unpleasant discovery.

- Contract agreement strife, - said Deputy Attorney Prosecutor's Office of the Leninsky Administrative District of Murmansk Tamara Zakharova. - Applicants may be offered the opportunity to enter into an employment contract or a civil contract. However, despite the similarity of foreign, they have some significant differences.

At first glance, the two agreements provide for the performance of certain acts which are in most cases provided monetary reward. However, the employment contract and civil contract entail different legal consequences.

At the conclusion of the employment contract you enter into a relationship "employee - employer". Article 56 of the Labor Code of the Russian Federation determined that the employment contract - an agreement between the employer and the employee, under which the employer undertakes to provide the employee with work on a given employment function; assure labor conditions stipulated by the labor legislation, on time and in full to pay employee wages, and the employee undertakes to personally perform certain work functions that agreement, to comply with internal regulations, acting for the employer.

From the definition it follows that the employee performs his work functions personal labor, and it is included in the production activities of the company, in the course of work it carries out orders of the employer in the case of non-fulfillment or improper fulfillment may be subject to disciplinary action.

The employment contract provides for certain social benefits: paid annual leave, with the guarantee of temporary disability payment of wages not less frequently than every two weeks. This document shall be in writing, made in two copies, each signed by the parties. One copy is given to the employee, the other is kept by the employer. Getting employee copy of the contract must be confirmed by the signature of the employee on a copy of the employment contract, kept by the employer. Hiring employer issued an order issued on the basis of a labor contract. The content of the order must match the terms of the employment contract.

Order the employer of hiring an employee is declared under the painting within three days from the date of actual commencement of work. At the request of the employee the employer is obliged to give him a duly certified copy of this Order.

- When it comes to the agreement of two or more persons on the establishment, modification or termination of civil rights and responsibilities, you should talk about civil law contracts - continues to Tamara. - It is in this capacity should be considered construction contracts, leases, the paid services, transportation, freight forwarding, storage, commission, trust property management, agency agreement.

On civil contract executed individually-specific task, assignment, order, etc.. The subject of this contract is the final result of work - built or renovated building, delivered the goods, prepared accounts, for example.

Depending on the type and nature of civil agreement by the parties can be the customer and performer or customer and the contractor. Artist or contractor to perform certain actions on the provision of services or performance of work, strictly defined by the contract. However, he did not receive remuneration or twice a month, as required by the labor legislation, and clearly stipulated between the customer and the time. They must be specified in the contract.

- Perhaps, there are four main features which allow to distinguish the employment contract of a civil contract - sums up Tamara. - They are easy to remember.

At the conclusion of the employment contract hiring out by the order of the employer. The worker is subject to internal labor regulations, it is mandatory for compliance with all orders of the employer. The employee performs the work of a certain kind, and not a single job. He guaranteed social security.