In labor relations, it is better to adhere to the principle: he who is aware is armed. A paper ( an employment contract or otherwise) that confirms the official relationship between an employee and an employer in disputable or conflict situations can be far from playing in your favor. Therefore, carefully read what will then be signed by you and what will give you guarantees or, on the contrary, “disarm”.

If you conclude a full-fledged employment contract with the employer, then he will provide you with paid leave, sick leave and employment record too. However, not everyone knows that contracts are different, that is, in addition to an employment contract, there is also a work contract, a service contract and other options that do not guarantee, for example, the existence of a social package and other things .

What is the difference between an employment contract and a contract

An employment contract is a form of agreement that specifies what functions an employee will perform, according to his qualifications (vocational training) for a certain fee. It is also indicated that the employee must comply with the labor schedule, and the employer, for its part, must ensure working conditions in accordance with labor legislation.

As soon as the employee has signed such an agreement, he is guaranteed to receive a job, the agreed position, the required rest, disability benefits and other benefits.

An oral employment contract may be considered to have entered into force if the employee begins to fulfill his obligations with the knowledge of the employer or his representative. From the moment the employee is actually admitted to the performance of labor functions, the employer is given no more than three days to formalize the relationship in writing (in the form of an employment contract) (according to Article 67 of the Labor Code of the Russian Federation).

Please note that a work contract (unlike an employment contract) does not guarantee you any compensation and social benefits at this workplace, however, you are responsible for fulfilling all work requirements, in other words, by signing such a paper, you become a subordinate, but nothing to you not guaranteed (meaning sick leave, vacation pay, etc.)

The bottom line is that, under a contract, you are hired to perform certain work and, upon completion of it, in the proper form and within the agreed timeframe, you are paid for your work. In this relationship, you are the contractor and your employer is the customer.

If you have entered into such an agreement, then you are not obliged to comply with the internal labor regulations, however, the customer (i.e. employer) has the right to control the progress of work, without interfering with your activities. According to the contract for the customer, the result is important, not the conditionality of the process.

Keep in mind that if you are a contractor, then you can involve third parties (subcontractors) to perform your functions.

Terms of conclusion of an employment contract

An employment contract can be concluded for an indefinite period; a fixed-term employment contract (up to five years) is also possible, the latter being concluded depending on the nature of the work performed.

In the contract, terms are of great importance: both the initial stage and the final stage are indicated. There can be no indefinite period here. Note that the price of such an agreement, and in fact - your salary, does not apply to the essential conditions (very important).