The main or full-time staff of the organization includes permanent employees. But almost everyone has heard of the so-called freelance employment. That is, these are individuals who are not members of the organization’s staff, but who at the same time carry out certain work for the benefit of the company. The official term "freelancer" is not in the law, since any person hired to work in the organization signs a specific contract.
Consider the features of different types of employees in the organization, contracts that they can conclude.
What is a full-time employee?
Full-time employees are those who have a certain professional training in a certain field and have concluded a contract with the organization. The agreement between the employer and the employee indicates the list of work, obligations and rights of both parties. This agreement is called an employment contract, and the employee is made an appropriate entry in the labor book with the name of the position held by him.
According to the Labor Code, a contract that has not been executed in writing is considered concluded if a person has started to perform his duties on behalf of the employer or his representative. Although if the employee actually began to perform the work, the employer must enter into an agreement with him within three days.
Also, at each enterprise there is a staffing table, that is, a regulatory document of the organization itself. It clearly indicates the structure of the company, the number of full-time employees, their position and salary.
The importance of the normative document lies in the fact that with the help of such statistical information employees can be effectively used. Thus, the number of departments is compared, their level of remuneration and qualifications, as well as the volume of work performed. All this is necessary in order to assess how effective the existing structure of the enterprise is and whether it requires changes, transformations or reorganization.
What is a freelance worker?
Logically, if the organization’s full-time employees are permanent employees, then freelance employees are temporary. There is no official term, as well as rules that should govern such a concept as a “freelance employee”. But in the dictionaries, this phrase is defined as "a person performing certain one-time work for the company without enrolling in a permanent staff." The explanation is rather vague, so each employer has the right to interpret it in his own way.
At the same time, each employee who is not related to the main staff must clearly adhere to the rules and regulations of work at the enterprise. In addition, as a rule, such employees enter into an agreement with the employer, which may have different conditions.
Types of contracts
The number of employees, which is determined by the regulatory documents of the company, is the number of permanent employees in the organization who work indefinitely under an employment contract.
With an employee who is involved in certain tasks at the enterprise, an agreement is concluded on the conditions:
- Temporary employment agreement - where the contract expiration date is clearly indicated or emphasis is placed on the provision of certain services, that is, when they will be performed (with a clear indication of the evaluation criteria).
- An agreement for a seasonal type of work - most often it is concluded for a period of not more than 60 days, according to Article 45 of the Labor Code of the Russian Federation.
- Part-time employment - a permanent employee is temporarily transferred to perform other duties with an increase in salary.
- Civil contract - if the company does not have a specific specialist, then it is possible to involve an employee from the side with the conclusion of such an agreement.
Also, a civil contract can be concluded with a permanent employee, and a certain surcharge must be established for him, if he combines work, or the employee can be transferred to the salary of the person whose duties he performs.
Contract terms
A full-time employee is a person who performs certain duties at the enterprise according to the job description. Moreover, his relations with the employer are regulated by the Labor Code.
There are some differences between labor and civil law agreements. So, when concluding an employment contract with a temporary or freelance employee, he receives all guarantees as permanent employees in the Labor Code of the Russian Federation. The employer at the same time lists all the mandatory contributions and social payments on it. In this case, the schedule of the working day, the rights and obligations of both parties are fixed in the contract.
When concluding a civil agreement, the organization’s internal routine does not apply to the employee. It clearly indicates the amount of the contract, which is paid as a result of the work performed. Vacation, hospital and social benefits in this case are not provided.
For the sake of economy, some organizations conclude civil-law agreements with their staff list of employees, rather than labor agreements. But in this case, the tax authorities can go to court and force the employer to recognize such contracts as labor if there are formal signs (payment of a fixed salary with a certain periodicity, compliance with certain internal rules).
Conflict situations
In the event of certain disputes, both a permanent employee and a temporary employee can go to court to protect their rights. To do this, you need to provide documents that regulate and regulate the relations of both parties. This can be an agreement between the employee and the employer, as well as an order for employment or an entry in the work book.
If a civil law contract has been violated, then the employee must provide an act of work performed or acceptance-transfer to confirm the fact of fulfilling the obligations specified in the contract.
What is the difference between full-time and part-time workers?
A full-time employee is an employee with whom an employment contract has been concluded. In practice, a non-staff member differs from a full-time employee in that his position is not provided for in the organization’s staff list or the number of employees in a particular job is less than what the company needs.
For example, according to the staffing of the company, there are two welders, but a third is needed, or if the staffing does not provide for the position of assistant mechanic, but it is necessary for production purposes. In such cases, the employee is hired beyond the state, but at the same time receives insurance, paid sick leave and more, that is, all rights and guarantees provided for in the Labor Code are respected.
Employment record
Do I need to make an entry in the workbook when replacing or hiring a temporary worker?
Having dealt with the fact that a full-time employee is a permanent workforce in the enterprise, in this case a mandatory entry is made in the work book with the seal, date and position of the employee who makes it. Recording is made on the basis of an order for employment.
But what about freelance or temporary workers? If an employee combines or fills a certain position temporarily, then he is transferred to another salary and duties in accordance with the transfer order, but no entry is made in the labor.Temporary employees are also recorded in the workbook indicating the term or reason for hiring (at the time of maternity leave or for other reasons).