The circle of labor relations is clearly regulated by law. Some employers manage to circumvent the law using an employment agreement. What are the features of this document and how it can violate the rights of citizens, we will consider further.
The concept
Under a labor agreement is understood the type of working relationship that goes beyond the scope of legislative norms. Such a relationship does not have legal force that is applicable to a contract or contract. In this case, labor relations are formed on the basis of the Civil Code of the Russian Federation. They are more mobile, allow you to adjust specific tasks.
An employment agreement can be signed if it is necessary to carry out certain work without formal hiring and entering information in the work book. But even in this case, in order to determine guarantees, methods of mutual settlement and liability between the parties, it is necessary to conclude some kind of agreement. In the case when the employer needs to perform some one-time service and it makes no sense to introduce a staff unit for this, the form determined by the civil code comes to the rescue. These forms include:
- work agreement;
- subcontracting agreement;
- service;
- employment contract;
- construction contract, etc.
Positive and negative sides
The main advantages of the labor agreement include the ability of the employer not to control the process of performing work. All payments are made upon completion of work and after their delivery. The labor agreement does not provide for vacation pay, sick leave, which can be considered as savings by the employer. In the case when the work was performed poorly or the established obligations were not fulfilled, the employer has the right not to pay for it. Moreover, neither the court nor the law on consumer rights will oblige him to do the opposite. Employees working under an employment agreement quit without special consequences for the employer.
The blurring of the legislative framework leads to some uncertainty in labor relations, which may complicate the work itself. Moreover, quite often, such relationships attract dishonest partners.
It is important to remember that if the employer proposes to formalize the employment relationship through an agreement, but under the law it is necessary through an agreement, it can be imposed administrative responsibility for this violation.
The positive side for the employee can be attributed to a quick procedure for hiring and dismissal. No need to provide additional documents, specifications, confirm qualifications. Nevertheless, an employee with such employment receives small guarantees. For example, they can fire an employee for the slightest fault, and their rights will need to be defended in court. If the deadlines are missed due to the illness of the employee, this is fraught with a break in relations.
As can be seen from the foregoing, both sides of the labor agreement receive both the pros and cons of such a labor interaction.
Registration
Depending on what work is ahead, the parties can choose one of the following options for drawing up an agreement:
- A written agreement that includes clauses and subclauses.
- A written agreement printed on A4 sheets, supported by signatures and stamps.
- Agreement certified by a notary.
In order to draw up an employment agreement, you must first develop its text. Parties should discuss all points and provisions. The main thing is that the agreement does not include the functions of an employment contract.
Almost all organizations develop their model contracts. When hiring, it remains only to enter the necessary data. Typically, an agreement begins with the name of the organization, date and number. Next, the type of work and the parties to the agreement are determined.
All provisions that are indicated in the document must be implemented. Usually they include unified requirements:
- rights and obligations of both parties;
- a responsibility;
- payment rules;
- conditions for acceptance of work;
- quality criteria for the work performed;
- providing the employee with materials;
- responsibility for expenses;
- force majeure actions;
- termination conditions unilaterally and at the end of work;
- other items.
Below is a sample labor agreement for construction work.
Payment
Payment by agreement occurs after signing the acceptance certificate. In rare cases, an advance is provided, which can serve to purchase materials, tools, etc.
The amount of payments is negotiated by the parties and entered into the labor agreement, a sample of which is presented above.
Termination
The employment agreement is terminated upon signing the acceptance certificate of the transfer and settlement. All these circumstances are documented and formalized for both parties.
The termination of the employment agreement unilaterally must be confirmed by a notice drawn up in no less than 30 days, indicating in it a reasoned reason. In this case, it is impossible to indicate those reasons that were not indicated in the agreement.