How to conclude a work contract correctly

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

What must be in the document and why it is important to correctly indicate the duties of the contractor.

What is a work contract and why is it needed

The work contract is concluded between the contractor and the customer. Within its framework, the first undertakes to perform certain work for the second. The result of labor must be material, materialized and subsequently become the property of the customer. It could be a new product, or developed documentation, or an improvement to an existing facility, or something similar. For example, a work contract can be concluded for sewing overalls, repairing equipment, manufacturing furniture.

The document establishes the rights and obligations of the parties, the timing of the work, the amount of remuneration and other important conditions.

How does a work contract differ from a labor contract?

Let's start with the fact that the work contract is regulated by the Civil Code, and the labor one - by the Labor Code.

In a pair "employer - employee" bound by an employment contract, the latter is always an individual. In a pair "customer - performer", both can have any status: two companies, a company and an individual entrepreneur, two individual entrepreneurs, two individuals without the status of an entrepreneur. But a person who is not registered as an individual entrepreneur is allowed by the state to take only one-time orders. If he does this systematically, he can be fined for illegal business activities.

Under a work contract, the contractor, unlike an employee with an employment contract, cannot receive social guarantees, for example, go on a paid sick leave. The customer is not obliged to provide him with a workplace and tools.

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The contractor, in contrast to a full-time employee, can involve subcontractors to perform work, not adhere to the dress code and daily routine established by the customer. No one controls his activities on a continuous basis, the emphasis is on the result, and not on the responsibilities. And the contractor is paid, accordingly, not for the work as such, but for its result.

How a work contract is concluded

If both the customer and the contractor are individuals, and the transaction amount does not exceed 10 thousand rubles, then the contract can be concluded orally. In other cases, a simple written form is used - without notary certification. Here's what you need to specify in the document.

Subject of the contract

The type and amount of work and their expected result are prescribed here. For example:

Under this contract, the Contractor undertakes to perform work on the installation of internal heating networks and hand over their results to the Customer, and the Customer undertakes to accept the results of the actually performed work and pay.

When you formulate the subject of the contract, keep in mind that it must be separable from both parties, and its quality must be assessed according to objective criteria. For example, if the performer undertook to melt nails 5 centimeters long and 5 millimeters in diameter, this is the subject of a work contract. If you teach the customer to sing with a growl - no, since it is impossible to objectively assess the result of the work and separate it from the employer.

Deadline

At a minimum, you must indicate the start and end dates of the process. Interim periods are optional - this is allowed, but not a requirement.

For the contract to be considered valid, the subject and terms must be specified.

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Cost of work and payment procedure

Write down when and how much the customer should pay to the contractor and on what terms. For example, money can be given at a time or in stages, in cash or transferred to an account. If there are many services and the exact scope of work is unclear, details can be specified in the annexes to the contract. For example:

The total cost of work under the work contract is 39,000 (thirty nine thousand) rubles. Payment is made in stages for actually performed work in accordance with Appendix 1.

The procedure for the delivery and acceptance of work performed

Indicate when and how the contractor notifies the client of the progress and completion of the work. For example:

The Contractor shall notify the Customer five days in advance of the readiness to hand over the work or by the 25th day of each month about the completion of the work stage.

Rights and obligations of the parties

At this point, it is worth prescribing everything related to the transaction, even what seems to be self-evident. For example, here you can fix the obligation of the customer to accept the result of the work within a certain period after their completion. Then he will not be tempted to delay the deadline for acceptance and, accordingly, payment. Or, you can specify that the performer is responsible for the state of the place in which he works. And if the furniture maker scratches your new parquet floor, you have the right to ask him for it.

A contract with an individual can be re-qualified by the court in labor, if the duties of the contractor coincide with the usual duties of a full-time employee. This could be:

• work on schedule;
• compliance with the company's internal regulations;
• the ongoing nature of work and pay;
• prohibition of subcontracting.

If you act on the part of the customer and do not want the contract to be re-qualified, make sure that there are no controversial provisions in it.

Responsibility of the parties

It specifies who is responsible for what and what punishment awaits him. For example, if the builder delayed the deadline because he did not come to the facility on time, this is one thing, but if due to the lack of materials that the customer was supposed to deliver, this is another. And in the first case, you can provide for a fine for the contractor, in the second - for the employer.

It is better to think carefully about all possible circumstances and provide for fines, penalties, penalties and damages.

Applications

This section exists to attach estimates, project documentation and other papers that you will refer to in the contract.

How to terminate a work contract

The parties can terminate the contract by mutual agreement at any time. If the agreement did not work out, the controversial issues will have to be resolved through the courts.