The contract for the provision of services and its differences from the employment contract
As a rule, most citizens realize theirlabor opportunities with the help of an employment contract with the employer. However, as liberalization of economic relations, expansion of their types and forms of implementation, there was a need and expansion of legal procedures for the formulation of such activities. One of them is registration of economic interactions with the help of civil law procedures. As provided by law, the civil law contract for the provision of services (and all its varieties: contracts, donations, agreements, etc.) has some important differences from the usual employment contract, although they have only one legal nature - they all exercise the citizens' constitutional rights to work.
Consider some differences between these forms of contracts,it is important from the point of view that the non-distinction of these concepts quite often leads to misunderstandings in law enforcement. The civil law forms of relations have received the widest application in the sphere of services, and as practically all people are now connected with this sphere, one way or another, we will consider the differences between these forms on the example of contracts in this sphere, where the main contract is the provision of services .
The most common differences between civil lawrelations from ordinary labor is that they differently conclude and terminate the contract, the terms of the contracts change in different ways, if this is required during the term of their operation, these legal types also have different legal consequences. All this is connected with the fact that the labor contract is a sphere of labor relations, which by their nature are more preferential than civil-law contracts.
The main difference that containslabor contract (TD) and a contract for the provision of services, is their subject. The employment contract is signed on the whole sphere of relations provided for by the professional qualification of the employee, and the combination of professions according to which the employee will perform the labor function at the enterprise is allowed. In addition, upon completion of any activities within the TD, the relations between its parties do not cease, since the employer has the right to give other orders stipulated by the contract, and the employee is obliged to execute them. Meanwhile, the contract for the provision of services provides that immediately after the performance of services provided for by the document, such relations cease.
The subject of the traditional employment contract is ourlabor, regardless of its results, while any contract for the provision of services under the subject implies, first of all, and only the results of labor itself, that is, it is not about labor function in a broad sense, but specifically about the task.
It is also important to know that a common wayregistration of economic relations is an agency contract for the provision of services. It does not carry anything very different from the standard contract for the provision of services, except that it is not directly by the customer and the executor, but through the intermediation of an agent, that is, a person or companies that engage in such activities professionally and legally.
The types of contracts considered differconditions that they stipulate and presuppose. If the labor strictly regulates the working conditions and provides sanctions for violations, then in civil law it does not.
The employment contract implies fulfillment ofproduction tasks directly by the person who concluded the contract, and in the service contract, the executor is only responsible for the final result of the work and may involve other persons in the performance of the task.
These agreements also contain other differences, butthe main thing is that in civil law there is and applies as a principle, the legal equality of the executor and the customer, and in the labor - the principle of subordination of the employee to the employer.