Contract agreement - conditions of imprisonment and features

The peculiarity of contracting contracts is that they operate in almost all spheres of economic relations. This is the construction, and various services, and even the relationship between the employee and the employer. It is understandable that such a wide scope of application creates some difficulties in the preparation of contract agreements. And as a consequence - problems in the performance of work on them, and when closing.

Let's try to figure out what a contract agreement is.

Article 702 of the Civil Code of the Russian Federation stipulates that the contract of the contract is a kind of contract in which the first party undertakes from its own materials, on its own and assumes the risks of performing certain works / services. And the second party is obliged to accept these works / services and, accordingly, to pay for them. The first party in such a contract is a contractor.

An important component of the contract is the subject of the contract, i.e. The result of actions performed by the contractor under the contract and which the customer wants to receive. The result of the contract of the contract is not a process, but the result that the customer takes. Those. For example, in the case of the construction of a house, the subject of the contract is not that the contractor purchases materials, masonry brick or brings communications, the subject matter of the contract in this case is directly the house that meets certain criteria.

If the contract of the contract provides for a large amount of work, then a phased closure is possible with the creation of an intermediate result of the work. On the example of the same construction of the house, the first stage can be the acquisition of materials, the second is the construction of a house, the third is the drawing up of communications, etc. With such a breakdown, the payment should be made after the close of each stage, and in the contract these points are specified and the amount (or percentage of the amount) must be paid at the closing of each stage.

The price of works / services should be stipulated at the conclusion of the contract and indicated in the corresponding paragraph. The justification for the price here can be estimates, costing, etc. When the value changes, it is necessary to make out an additional agreement, otherwise the grounds for paying a different amount than stipulated in the contract are not available to the customer.

The deadline for the execution of works / services and the form of delivery of the result of work are also essential terms of the contract. The contract must necessarily indicate the deadline for the submission of work, and in the case of a phased closure, the deadline for the delivery of each stage.

By agreement of the parties, other conditions may be included in the contract agreement. However, in any case, the presence of some material evidence of the work is mandatory. Therefore, the conclusion of the contract of the contract is impossible in the case when it comes to certain services (for example, communication services) that do not lead to the creation of anything.

In some cases, the contract can be concluded between the employee and the employer. This is possible if it is not a matter of permanent work, but of performing any work at the specified time, for a specified fee, and when a certain product appears as a result of the work (for example, writing an article in a newspaper or painting the walls in a room ). The difference between an employment contract and a work contract is that in the first case the employer pays for the time that the employee spends on fulfilling the obligations specified in the contract, and in the second - the final result of the work. In this case, the employee who signed such a contract is liable in accordance not with the Labor Code, but with the Civil Code.

In the event that a work contract is contracted instead of an employment contract, the employer is not required to provide the employee with a workplace and tools to carry out the work. All this, in accordance with the Civil Code, the employee must have himself. The employee is also not entitled to any leave or sick leave under the contract of employment.

Therefore, in the case of an employment relationship, it is still better for an employee to remain an employee and enter into a work contract, rather than contacting contract work.