What is a GPC / SEC agreement? Sample design

Cooperation with other companies on the provision of services or the performance of work is a familiar thing, without which the activities of any business entity are impossible. In this case, the executor can be not only a third-party organization, but also an individual entrepreneur, and in some cases even an individual (hereinafter, a sample GPC agreement with an individual will be presented in the text). For example, the services of individuals are often used to form a company’s website, transport goods, prepare and conduct various events. It is clear that for the implementation of one-time work, it is irrational to sign a labor agreement and include an additional unit in the state. How are relationships formed in these cases? You will learn about this below.

Paperwork

So, let's talk about the GPC agreement and what is it? The relationship between the client and the individual hired to perform one-time work begins with the signing of the agreement. But in this case it is not of a labor nature, but of civil law. The GPC / SEC agreement (sample below) is divided into two types:

1. Work contract.
2. Civil contract for the provision of services.

During the execution of an agreement to perform work, it is very important to ensure that the wording in the text does not intersect with the provisions and designations of the labor agreement. Moreover, these conditions must be observed not only on paper, but also in reality.

Why do you need a GPC agreement?

The civil law agreement defines the following nuances:

1. The end result of cooperation.
2. Material moments.
3. Obligations of the parties.
4. Other details.

An important moment of the conclusion of the GPC contract for the provision of services is the absence of documented labor relations, which means that the Labor Code, which is inherent in standard employment, is not used. All aspects of a civil law nature differ from the standard labor contract concluded between the employee and the employer during employment.

The relations of the parties to the GPC agreement are determined by the Civil Code of the Russian Federation, in the second part of which all the fundamentals are described.

Features of a civil contract

You already know that such a GPC agreement is worth talking about its features:

1. With whom can I conclude this contract. The legislation does not establish any restrictions on the parties to this effect. The basic requirement is that those entering into this kind of relationship have the authority to do so, in other words, be competent.
2. Validity. The GPC agreement with an individual for the provision of services is valid for the time required by the contractor to perform work having a specific result, which must be fixed. For this reason, GPC agreements are short-term.
3. The tax base. A civil contract involves the receipt of income by an individual, as in the case of an employment contract, he entrusts the organization with the duties of a tax agent in calculating, withholding and paying personal income tax. Under the GPC agreement, insurance premiums are accrued according to all the rules.
4. Record in the work book. A civil contract, unlike an employment contract, is not recorded in the employee’s work book. In addition, this should not be done if the management agrees to make such a record, as it may entail a re-qualification of the contract.
5. The order of conclusion.The agreement should be drawn up on the basis of the desire of the two parties in writing. At the same time, the customer is obliged to accurately describe what result he wants to get, and the contractor to indicate how he will achieve it.

Benefits of GPC / SEC

From a legal point of view, this agreement has practically no advantages. The only plus of getting a job under a civil law contract is the minimum requirements, norms, mutual rights and obligations. If they are not observed, the parties have the right to go to court and demand a forfeit. It is always up to the employer to conclude this agreement, because under the GPC agreement, contributions are paid according to another scheme, obligations to the employee are reduced to zero, you do not need to fill out a bunch of documents and so on.

Experienced legal advisers insistently advise employees not to sign a civil law contract when hiring a permanent job, because all relations between him and the employer will not be subject to the Labor Code of the Russian Federation, which will certainly lead to an infringement of rights regarding the employee. It is almost impossible to hold the employer accountable when concluding a GPC agreement with him, since almost all the nuances are clearly written in the document.

Cons of the contract

The list of shortcomings of this document is much larger, because almost always it is disadvantageous to the employee and infringes on his interests. For example, employees working under a GPC agreement:

1. Not paid sick leave. Under the GPC agreement, injuries should be paid only if this clause is spelled out in the text of the document.
2. The intensity of the loads, the duration of the working day and so on are not regulated.
3. No vacation available.
4. No weekend is provided.
5. Do not put a mark in the workbook.
6. Unofficial wages, that is, "gray."
7. Under the GPC agreement, insurance payments are not defined.

Upon closure, arrest or bankruptcy of the organization, employees executed under the GPC agreement will be dismissed without explanation of the reason and any payments. They will not be able to prove their innocence even in court.

In what cases is a GPC agreement concluded?

Civil relations between the client and the contractor are most often executed in the form of the following agreements:

1. GPC contract for the provision of services (there is a sample).
2. Bilateral provision of a variety of services.
3. Agency service.
4. Commissions.
5. Purchase and sale.
6. Rent and lease.
7. Purchases / sales of copyright.
8. Exchange and some other varieties.

If you are offered a one-time job with the conclusion of a GPC agreement (what you already know), then, according to lawyers, you should not refuse to work, but when you are placed in a permanent place, you do not need to conclude anything. Otherwise, after some time, you will most likely regret your decision.

Drafting of a GPC / SEC agreement (sample)

So what else do you need to know? We have already talked about what a GPC agreement is. It is also important in the process of preparing the document not to forget that the text cannot use the concepts and formulations used in the Labor Code of the Russian Federation. That is, the contract completely excludes such words as “employee”, “employer”, “salary”, “vacation” and so on.

How is the contract drawn up:

1. Preamble to the agreement. In this part of the document it is necessary to indicate the data of each party, which of them is the customer, and who is the contractor. In addition, persons with the rights and authority to act and make decisions are necessarily indicated. If one of the parties is the company, then you need to register its name in full form.
2. Subject of the contract. The subject of the GPC agreement is the result of the implementation of the established work. The text of the document must certainly state that the contractor carries out work on behalf of the customer, transfers the result to him in ownership, that is, a GPC contract for services according to the model is drawn up.In the absence of at least one of these points, the agreement automatically passes into the contract of sale (in the absence of a phrase, perform certain work), or on-the-job performance of the work (if there is no result of the work, but it is not transferred to the customer). Most often, the result of the execution of the contract is some thing created by the contractor. Therefore, in the text it should be described in detail. In some cases, a new product is not created, but simply finalized (for example, car repair). Then, in the clause, the subject of the contract should describe in detail the original thing, and then it is necessary to describe what actions with it should be performed.
3. Period of execution. This is a very important point, because if the timeline is not specified in the text, the GPC agreement with an individual is not considered to be drawn up.

The parties must agree among themselves on the following points:

1. Date of commencement of work.
2. Date of completion.
3. Intermediate stages and dates for the implementation of any significant processes. These terms are prescribed if the volume of work is large enough, but it is more expedient to accept the results of the work of the performer in stages.

Each of these items can be defined as follows:

1. The exact date of the calendar - the parties prescribe the exact date and month when the work should begin and end.
2. A specific event - the beginning and completion of work can be indicated by a specific event.
3. Deadline - work must be carried out within a specified time period. In this case, the start of the project can be considered as a specific date or event.

Quality of work

Work must be done professionally.

1. Due to the fact that the terms of the GPC agreement provide for the creation of a new thing or making changes to it, as well as the subsequent transfer to the customer, the text must necessarily specify the criteria by which the result must meet (which features, external indicators, etc.). In addition, it is imperative to establish a procedure for eliminating non-compliance. For example, this should be the period during which the contractor agrees to make corrections. You can also indicate that the customer has the right to correct defects on his own, but with reimbursement of expenses by the contractor.
2. The order of the work. In this section, the customer's requirements for the technology of work are formed, which include provisions, GOSTs, regulatory documents, etc. If unique work is performed, then the process can be prescribed by the parties themselves.
3. Cost of work. This indicator can be set in hard currency, in the form of a final estimate, a temporary tariff or payment according to the volume of work. In addition, it should certainly be indicated here whether this includes the cost of purchasing materials, transportation and other additional costs.
4. Payment order. This paragraph determines the form of payment (in cash or in kind), as well as the method of payment (cash or non-cash). In the latter case, it is recommended to identify the event in which the payment obligation is deemed to be fulfilled - at the time of debiting the money from the customer’s account or at the time it is received on the account of the contractor. Here, the condition for making an advance payment can be spelled out, indicating the term and amount of the advance payment, as well as the date of the final settlement.

Acceptance of work results

This section describes in detail how the result of the work will be transferred from the contractor to the customer. If you wish, you can specify that the process will take place with the participation of third-party experts to evaluate the subject of the contract.

In addition, the following issues are recommended in a civil law contract:

1. A way to inform the customer about the readiness of work.
2. Deadline for accepting the result.
3. Who is responsible for the risk of damage or destruction of the result until it is transmitted.
4. Place of acceptance and delivery of the subject of the contract.
5. Quality assessment term.
6. The right of the contractor to sell the subject of the contract in case of refusal of the customer.

Final points

At the end of the contract, the following items are prescribed:

1. Responsibility of the parties. This section identifies the sanctions that apply to the contractor or customer in case of non-compliance with the terms of the contract. Most often, a civil contract indicates the size of the fine for the contractor - for failure to comply with the deadlines for the work, for the customer - for non-payment of work. It is recommended to clearly indicate the amount for each type of violation, it can be expressed as a percentage (most often of the contract amount) or as a fixed amount.
2. Change of conditions and termination of the GPC agreement. This section describes the conditions for amending or terminating the contract. Including here you can indicate the right to unilateral termination, if you breach the terms of the agreement, be sure to indicate their list.
3. Resolution of disputes. The agreement must necessarily indicate whether the parties will appeal to the judiciary in the event of a dispute or to resolve them independently. In the latter case, before compliance with the established protocol for the exchange of claims, appeal to the court becomes impossible. It is necessary to describe in detail the procedure for submitting complaints and responding to them.
4. Final provisions. Here, the term of the agreement and the process of exchanging legally relevant documentation and messages are most often prescribed.

GPC / SEC termination procedure

You know what a GPC agreement is, but don’t understand how to terminate it?

The civil law contract expires at the moment when the contractor fully completed the work for which he was involved and the customer accepted them. But in practice, quite often there are situations when you have to terminate the agreement until it is fully executed.

If this is a mutual desire of the parties, then the action must be fixed by an additional agreement. Indicate in a free form in the document that the previously concluded contract is considered terminated for such and such reason, and that both parties have no complaints against each other.

In the event that a written refusal was received from the other party or the response was not sent at all, you should contact the judicial authorities.

When compiling a GPC agreement, the sample must be studied and paid great attention to the section of early termination, clearly state all possible conditions.