There is no possibility to hire a self-employed person or to conclude a civil-law contract. Only employment under an employment contract, and the employee becomes a full-time employee.
The work must be performed on the customer's premises in a specially equipped place and within a specified time frame.
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This also includes overseas chinese in canada data exceptions under Federal Law 422. If the contractor is engaged in the development of mineral deposits, sells excisable goods with mandatory labeling, an entrepreneur under a commission or agency agreement, then he cannot be self-employed. Here, an agreement can only be concluded with an individual or individual entrepreneur.
Despite the fact that working with the self-employed is profitable, you can't put everyone to work in this status for the sake of saving money. Because this will threaten future problems with the tax and labor inspectorate.
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The procedure for concluding a civil-law contract
When concluding a civil-law contract, we avoid concepts that confirm labor relations: employer, employee, bonus, salary, profession, vacation, probationary period, hiring, etc.
The parties to the civil-law contract are the customer and the contractor. The parties are equal and do not submit to each other.
The Civil Code does not specify what exactly should be written in the GPC contract. Since this is determined at the discretion of both parties. Basically, they indicate:
Start and end dates of work . All work can be divided into several stages. Each is assigned its own deadline. According to Article 708 of the Civil Code of the Russian Federation, deadlines for the performance of work must be established under a contract. They may not be noted in the agreement, but it is better to note them.
The period of validity of the contract . It may not always coincide with the terms of the work. For example, the contract ceases to be valid not on a specific date, but upon payment after signing the act on the work performed. The term can be extended by an additional agreement.
Remuneration : fixed or calculated based on the completed volume, paid in one payment or, if completed in stages, in several tranches. You can also specify the amount of the advance payment.
The contractor must provide a certificate of work performed . The Civil Code establishes this only for construction contracts (Civil Code of the Russian Federation, Article 753, paragraph 4). Therefore, for civil-law contracts, everything must be fixed in the contract. Certificates of work will be the basis for calculating payment.
Third parties may be involved . The contractor must provide all services himself, but in some cases, if required, he may involve a third party. If it is necessary for there to be only one contractor, this must be specified in the contract.
Provide materials, equipment, tools . Usually the contractor and the contractor provide themselves independently. But if the employer provides materials and equipment, this must be specified in the agreement.
What else is important? After concluding a civil-law contract, send information to the Financial Services Department on labor activity under the Unified Financial Statement (EFS)-1 no later than the next day. Subsection 1.1, section 1 of the document must be filled in.
According to Federal Law No. 115, Article 13, paragraph 8, if a contract with a foreigner is concluded or terminated, the territorial division of the Ministry of Internal Affairs must be notified no later than three working days. This applies to citizens of all countries, including members of the EAEU.
The notification forms are reflected in the appendices to the order of the Ministry of Internal Affairs No. 536 of July 30, 2020.