From the experience of our IT recruiting agency, I know that about half of employers when working remotely offer programmers to conclude not an employment contract, but a service contract. That is, formally, a specialist will not be an employee, but a contractor. In this article, I will consider the legal framework and limitations of these two options for cooperation between the employer and the contractor, under what conditions the contract is or is not labor. And also some related topics.
In this article, you will find:
The concept of an employment contract.
The concept of the class of contracts "on the results of labor."
The main differences between these types of contracts.
Information on the working conditions of individual entrepreneurs and self-employed in 2021.
Information about the attitude of society to the practice of using contracts "on labor results" instead of labor contracts.
Labor contract
Article 56 of the Labor Code of the Russian Federation "The concept of an employment contract. Parties to an employment contract" defines an employment contract as follows:
Labor contract - an agreement between the employer and the employee, in accordance with which the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and with this agreement, timely and in full pay the employee wages, and the employee undertakes to personally perform the job function defined in this agreement in the interests, under the management and control of the employer, to comply with the internal labor regulations in force for this employer.
Article 56 of the Labor Code of the Russian Federation "Content of an employment contract" defines the mandatory conditions of an employment contract:
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In connection with the wider introduction of remote work, the previously known practice of using contracts “on labor results” with individual entrepreneurs and self-employed instead of labor contracts may become more widely used. If you are planning to change jobs in the near future and want to work remotely, then you should understand the basics of working as an individual entrepreneur or self-employed.