Instructions

If you need to take temporary employee to perform seasonal or one-time work and a unit of such employee is not specified in the state, you have the right to enter into any of the specified types of contracts.

In accordance with Article No. 59 of the Labor Code of the Russian Federation, a temporary contract can be concluded with any category of employees; if this article is taken in the literal sense, it means that freelance temporary workers can also be concluded under this type of contract.

To draw up any type of contract, you will need to familiarize yourself with the documents of the accepted employee, with the qualifications necessary to perform the assigned type of work. A fixed-term employment contract can be concluded for a period from two months to 5 years. The employment relationship expires after the expiration of the terms specified in the document or upon completion of the assigned scope of work.

Draw up an agreement in two copies indicating all working conditions, payment, period of work, deadlines for receiving remuneration for the entrusted volume of entrusted work. The contract is a bilateral agreement; it must be signed by the employer and the employee hired for temporary work.

Another option for registering as a freelancer employee- this is the conclusion of a work contract or a civil contract. When concluding a bilateral contract, indicate all the conditions for the work, deadlines, volume of assigned work, amount of remuneration and payment periods.

A civil contract is concluded in the same way. Since in the state of the unit accepted employee no, therefore, you cannot familiarize him with the staffing schedule for performing a certain type of work. Therefore, all conditions must be specified in detail, point by point, in the contract itself.

Any freelance employee You can be hired if there are vacancies. In this case, you need to draw up an employment contract for an indefinite period.

Taking employee to work, it is necessary to correctly formalize labor relations and obtain documents provided for by the Labor Code of the Russian Federation, Article No. 65. In some cases, the employer is allowed to request additional documents if the specifics of the work require it.

You will need

• -employment history
• - pension insurance certificate
• -education document
• - qualification document
• -military ID
• -additional documents may be required

Instructions

After the employee has been interviewed and suits your qualifications, you must accept from him the necessary list of documents for concluding an employment contract. First of all, a passport is presented. He must be a citizen of the Russian Federation. Minor citizens may bring a birth certificate. Citizens living abroad can present a foreign passport indicating Russian citizenship.

Employees who are getting a job or citizens entering work for the first time may not have to submit a work book. For those who are starting work for the first time, the employer issues a work book on their own. Employees whose work book is lost or may write a statement indicating the reason why the work book is missing. The employer is required to issue a new work book.

Persons liable for military service present their military ID to their employer. This also applies to persons of military age.

A pension insurance certificate is presented by all citizens applying for work, except for employees entering work for the first time. This insurance certificate is issued by the employer. The TIN is also required.

When registering an employment relationship, the employee presents a document on education and qualifications that are necessary for this job.

Additionally, you need to provide the employee with a job description describing all the functions that this employee must perform.

The HR department creates a personal employee card. It indicates all the information that is written in the work book.

After the employee signs all the documents, the employer issues an employment order. At the same time, an entry is made in the work book.

Video on the topic

Journalistic activity attracts not only pen sharks. Often, a specialist from any other industry can build a successful career as a correspondent. In addition, cooperation with various editorial offices can ultimately become an effective part-time job that allows you to develop as a journalist without interrupting your main line of work.

The editors of many publications actively attract specialists for freelance work. First of all, this is due to economic benefits - the editorial office optimizes the costs of creating a workplace, renting extra square meters, and also electricity. In addition, the freelancer receives funds only for the material completed, which is also financially beneficial for the media.

Journalists who work at their main place of work in other media are often considered as employees. Often employees are lured from one editorial office to another in this way. Long-term work as a staff writer in a successful editorial office serves as a good recommendation for other media outlets.

Having a certain specialization as a journalist will be an additional advantage. For example, significant experience in writing information materials on economic topics will increase the chances of a positive response in a publication specializing in financial news, etc.

Often, freelance work is provided to journalists who work with analytical materials, the preparation of which does not require a daily stay in the office, meetings during business hours, etc. The journalist-analyst prepares materials based on information that is in the public domain. To do this, a specialist must have specialized education and knowledge in the field in which he works.

Moving directly to the search for possible places of employment, you should first make a list of editorial offices and find their coordinates. Afterwards, you must send a resume indicating your work experience to each address. Having recommendations from editorial offices with which the most effective cooperation has been established can significantly increase your chances of getting a coveted place. The package of documents should also include a portfolio of published works indicating the edition and date of publication. If the material was written under a pseudonym, then an official letter from the editor-in-chief should be attached to it, which certifies the authorship. In the cover letter it would be appropriate to indicate the preferred topic, working hours and the level of expected salary.

An accountant, along with the head of a company, is a very important employee. Sometimes it is extremely difficult to identify a true expert in his field, especially if you want to hire a freelance accountant.

Instructions

When choosing an applicant for the role of accountant in your company, pay special attention to the candidate’s professional background. Naturally, a person with extensive experience in this particular position is preferable to the position of accountant. Well, if he already had experience in accounting for a business identical to yours, then be sure to consider his candidacy.

Try to find out from the applicant what experience he has in dealing with the tax office. A person who has already communicated with tax services has probably understood some of the postulates of communicating with their representatives and, if necessary, without being confused, will use the acquired skills. In addition, it may turn out that the candidate still has some connections from past jobs.

Be sure to ask the candidate how much time he can devote to your business. It would also be useful to ask about your marital status, the presence of young children or any health problems. Most often, mothers who are in labor or people with disabilities want to be hired as freelance accountants. When deciding on the advisability of hiring such a person, think about what motivates him: real interest and desire to work, or difficult life circumstances that are likely to affect the quality of the work.

If you have decided on a candidate, then do not rush to overwhelm your newly hired employee with work. Offer him a couple of simple reports to begin with and monitor the quality and timing of the work. A good freelance accountant will not delay their completion too much, but the excessive speed of completing them should alert you. When checking the papers given to you, ask the employee where he got this or that figure from. An accountant with a properly structured document flow will not think about this issue for more than 10-15 minutes.

An excellent accountant should be very attentive to his documents and periodically systematize them. Therefore, if the person you hired has never asked you to document this or that figure, then you should think about whether such an employee is needed at all.

Tip 5: How to process an employee’s transfer to another organization

Transfer of an employee to another organization is possible by agreement between employers and a positive decision of the employee. Transfer to another company is allowed upon dismissal from a previous place of work and acceptance to a new position under the terms of an employment contract. When transferring, the new employer does not have the right to set a probationary period for the specialist, which is enshrined in law.

The core or regular staff of an organization includes permanent employees. But almost everyone has heard about the so-called freelance employment. That is, these are persons who are not on the staff of the organization, but at the same time perform certain work for the benefit of the company. There is no official term “freelance employee” in the law, since any person hired to work in an organization signs a specific contract.

Let's consider the characteristics of different types of employees in an organization and the contracts they can enter into.

What is a full-time employee?

Full-time employees are those individuals who have certain professional training in a certain field and have entered into an agreement with the organization. The agreement between the employer and employee specifies a list of work, obligations and rights of both parties. This agreement is called an employment contract, and the employee makes a corresponding entry in the work book with the name of the position he occupies.

According to the Labor Code, an agreement that has not been drawn up in writing is considered concluded if a person begins to perform his duties on behalf of the employer or his representative. Although, if the employee has actually started performing the work, the employer is obliged to conclude an agreement with him within three days.

Also, each enterprise has 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 is that with the help of such statistical information, employees can be used effectively. Thus, departments are compared in size, 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 an organization's full-time employees are permanent workers, then freelancers are temporary ones. There is no official term, as well as rules by which to regulate such a concept as “freelance employee”. But in dictionaries this phrase is defined as “a person who performs certain one-time work for a company without being assigned to a permanent staff.” The explanation is quite vague, so each employer has the right to interpret it in its own way.

At the same time, every employee who is not part of the core staff must strictly 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 company's regulatory documents, is the number of permanent employees in the organization who work indefinitely under an employment contract.

An agreement is concluded with an employee who is hired to perform certain tasks at the enterprise on the following terms:

1. Temporary employment agreement - where the end date of the contract is clearly stated or the emphasis is on the provision of certain services, that is, when they will be completed (with a clear indication of evaluation criteria).
2. An agreement for a seasonal type of work is most often concluded for a period of no more than 60 days, in accordance with Article 45 of the Labor Code of the Russian Federation.
3. Part-time job - a permanent employee is temporarily transferred to perform other duties with an increase in salary.
4. Civil contract - if the enterprise does not have a specific specialist, then it is possible to attract an employee from outside and conclude such an agreement.

Also, a civil contract can be concluded with a permanent employee, and a certain additional payment 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.

Terms of the contract

A full-time employee is a person who performs certain duties at an enterprise according to a job description. Moreover, his relations with the employer are regulated by the Labor Code.

There are some differences between labor and civil agreements. Thus, when concluding an employment contract with a temporary or freelance employee, he receives all the guarantees as permanent employees under the Labor Code of the Russian Federation. The employer transfers all mandatory deductions and social payments to him. In this case, the working hours, rights and obligations of both parties are fixed in the contract.

When concluding a civil agreement, the internal regulations of the organization do not apply to the employee. It clearly indicates the contract amount, which is paid based on the result of the work performed. Vacation, sick leave and social benefits are not provided in this case.

Some organizations, in order to save money, enter into civil law agreements with their staff, rather than labor agreements. But in this case, the tax authorities can go to court and force the employer to recognize such contracts as employment contracts if there are formal signs (payment of a fixed salary at a certain frequency, compliance with certain internal rules).

Conflict situations

If certain controversial situations arise, both a permanent employee and a temporary one 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 may 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 a certificate of completion of work or acceptance and transfer to confirm the fact of fulfillment of the duties specified in the contract.

What is the difference between full-time and freelance workers?

A full-time employee is an employee with whom an employment contract has been concluded. In practice, a freelance employee differs from a full-time employee in that his position is not provided for in the organization’s staffing table or the number of people employed in a particular job is less than the company needs.

For example, according to the company’s staffing schedule, there are two welders, but a third one is needed, or if the staffing schedule does not provide for the position of an assistant mechanic, but one is needed for production purposes. In such cases, the employee is hired overtime, but at the same time receives insurance, paid sick leave and more, that is, all the rights and guarantees provided for by the Labor Code are respected.

Entry in the work book

Do I need to make an entry in the work book when replacing or hiring a temporary worker?

Having understood that a full-time employee is a permanent workforce at the enterprise, in this case a mandatory entry is made in the work book with the stamp, date and position of the employee who makes it. The entry is made on the basis of the employment order.

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 responsibilities in accordance with the transfer order, but no entry is made in the employment record. Temporary employees also make an entry in the work book indicating the period or reason for hiring (during the employee’s maternity leave or for other reasons).

An enterprise employee who is not on staff is a common phenomenon in the modern world. Despite the fact that the law obliges business owners to enter into open-ended/fixed-term employment contracts or civil law agreements, many employers, in an attempt to save their money, underpay freelancers and do not provide a full range of guarantees and benefits. In such cases, the question arises what are the rights of the freelancer and what are his responsibilities.

Freelance rights: general provisions

The provisions of the Labor Code define only two concepts - employer and subordinate. There are no norms in the legislation regarding the specifics of hiring, dismissal and regulation of relations with freelance workers. This means that a freelance worker is an employee of an enterprise who is not on staff at a given company. Otherwise, the employee is recognized as one of the company’s full-time subordinates; he is simply engaged in activities—providing services or performing work—that are not related to his direct official responsibilities.

Freelance employees are usually hired if the production situation requires it - when the head of the enterprise requires someone to perform certain types of work or undertake the provision of services. Then specialists of different profiles are involved in the execution of production tasks, but they work only during the period of fulfillment of the tasks assigned to them.

Rights of a freelancer: types of contracts

The law requires that an employment contract also be concluded with an employee who is not going to be hired - this will guarantee that the employee will receive payment for his work. In such a situation, the following types of agreements can be signed:

• civil contract(this option is chosen if the company does not meet the deadline or is unable to complete any work with its full-time staff, as well as if the staff simply does not have the required specialist);
• part-time employment contract(this option is suitable if the company employs employees with the necessary qualifications - an agreement is signed with them to assign additional functions to them);
• fixed-term employment contract(such an agreement involves the completion of work until a specified date or until the day when the necessary work is completely completed - here it is important to prescribe in detail the criteria by which the quality of work or services will be assessed);
• employment contract for seasonal work(can be concluded for a period of less than 2 months or for a period of 2 months - in both cases the freelancer has different rights).

Rights of a freelancer: terms of the contract

The responsibilities and rights of a freelance employee will vary depending on what kind of employment contract is concluded with him:

1. Employment contract. When an employment agreement is concluded, the employee is registered with the company in accordance with all the rules regulated by the provisions of the law. This means that the employee has the right to count on all labor guarantees offered by employers. The employee himself is subject to all the rights and obligations of employees mentioned in the Labor Code. The employer will have to withhold personal income tax and insurance contributions to the Pension Fund and Social Insurance Fund from their income. The duration of the work shift, work discipline, receipt of social benefits by the employee and other issues relating to labor relations must be complied with by the parties without fail.
2. Civil contract. When a civil contract is signed by the parties to an employment relationship, the freelance employee is not subject to the requirements for following the company’s internal work schedule, shift length, payment for work on weekends and holidays, and so on. Only the final result of work performed or services provided is subject to payment; the amount of payment is specified in the employment contract. An employee cannot demand any vacations; the employer does not provide him with social benefits. The employer withholds amounts to pay personal income tax and insurance premiums exclusively from monetary remuneration. Contributions to the Social Insurance Fund in the event of occupational diseases and injury in the workplace are made only if this is stated in the employment agreement.

In order to save their money and reduce the amount of taxable profit, business managers often offer to sign a civil contract instead of an employment contract. But inspectors of the Federal Tax Service have the right to file an application with the court demanding that employees be properly registered. If it is noticed that freelance workers obey the company’s internal regulations, labor regulations, perform official duties together with full-time workers, and receive money not at once, but periodically at equal intervals, the employer will certainly be punished by a court decision.

Rights of a freelancer in the event of conflict situations

If a dispute arises between an employer and a freelance worker that cannot be resolved amicably, the employee will have to go to court and defend his rights. This is why it is so important to work on the basis of the contract concluded before performing work or providing services. An employment or civil contract confirms the existence of an employment relationship between the parties to the dispute and guarantees the worker the opportunity to go to court.

In addition to the contract, signed by both parties - the employer and the employee - you can submit to the court an order to hire a freelance employee. If the work was carried out on the basis of a civil contract, in addition to this document, you should have with you a certificate of completion of work or an acceptance certificate as confirmation of the fact that the employee conscientiously completed the instructions for which he should receive money.

Legislative acts on the topic

Common mistakes

Error: The employer requires the freelance employee, with whom a civil contract has been concluded, to comply with the internal labor regulations of the company.

Its main requirement is the absence of a criminal record and administrative liability, as well as a positive reputation in general. If everything is transparent on this side and does not cause any complaints, you just need to write an application for the vacancy “freelance employee”, attaching your autobiography. A plus will be the guarantee of a guarantor from among government officials or law enforcement agencies. After a personal file has been compiled on the candidate and all data has been checked, he will be invited for a personal conversation and to clarify the goals of the potential employee. It is important to understand whether a person really wants to help the organs. After all, someone needs the title “freelance FSB officer” only to avoid problems with the traffic police, for example. Where to go? The term “freelance employee” on a certificate is of little interest to anyone if you work for a truly prestigious company.

Freelance worker. legal status of freelance worker

The work performed or the provision of services must not coincide with the performance of similar work by a full-time employee of the organization; remuneration must be paid upon completion of the work performed or the provision of services. Otherwise, such a civil law contract may be recognized by the court as a labor contract (Decision of the Supreme Court of the Russian Federation dated March 21, 2008 No. 25-B07-27).

• Can an employer enter into civil contracts with full-time employees?

Current legislation does not contain a prohibition on concluding civil contracts with full-time employees of an organization. However, the following must be kept in mind. Under a civil contract, an individually specific task is performed.

Full-time and freelance employees

Freelance work is not a rare phenomenon these days. This term refers to a company employee who is not on staff. However, a civil or employment contract is concluded with him, and all relationships with the employer are regulated by law.

True, there are certain features of hiring such employees, and the conditions in their contract are also different. We’ll look at which ones in this article. Terminology According to labor law, the term “freelance employee” simply does not exist. There are only two concepts in it - employee or employer.

A freelancer can be called a specialist who performs work that is not directly included in his official duties. Each employer has its own need for hiring freelancers. For example, a person is needed to provide specific services or a certain type of work.

Freelancer

Attention

However, in the recently adopted Tax Code of the Russian Federation, the labor agreement is mentioned in paragraph 5 of Art. 208 part 2 of the Code. Perhaps the legislator assumed that the law enforcer would take advantage of the law’s analogy and in practice replace the “employment agreement” with an “employment contract”. But then he did not take into account that labor legislation clearly defines both the type of contract and its essential conditions.

Important

So we have to admit the presence of pseudo-labor contracts in tax law. At the same time, the current labor legislation on the basis of Part 3 of Art. 11 of the Labor Code of the Russian Federation judicially suppresses even an attempt to hide labor relations under civil law. The issue with the freelancers themselves remains unresolved.

Freelance FSB employee: who is he and how to become one

The concept of “freelance (or non-staff, off-list, part-time) worker” entered our industrial lexicon more than 80 years ago. But despite such a long existence, the legal status of these workers is still not defined in labor legislation. An analysis of the regulations that were previously in force and those in force today shows that this category of workers is not included in the Russian Labor Code, since the first one in 1918.
according to the latest Labor Code of the Russian Federation, nor in the Fundamentals of the legislation of the USSR and union republics on labor (in all editions). It is present only in regulations related to the labor process, but not regulating it.

The concept of freelancers

Info

By and large, this issue is extremely delicate. After all, the legal status of a freelance worker is not regulated in any way, and in our country this can mean an almost powerless situation. The Labor Code of the Russian Federation defines only two parties to labor relations: the employee and the employer.

There is no provision for such a special subject as a “freelance”, “off-list” or any other employee. It is worth noting that in Soviet legislation, by-laws indicated the possibility of using the labor of freelancers and even partially deciphered the term “freelancer” itself. The previously existing joint Instruction of the Ministry of Finance of the USSR, the State Bank of the USSR and the Central Statistical Office of the USSR dated October 10, 1962.

What does freelance mean?

The involvement of such persons is allowed only in cases of extreme necessity and the impossibility of performing this work on a contractual basis with the relevant enterprises. In some cases, it is allowed to spend money from the specified fund to pay for work performed by employees on the staff of a given enterprise, if these works are not within the direct responsibilities of these employees, for example, for teaching advanced training courses for personnel of the same enterprises. The Resolution itself clarifies that enterprises are prohibited from spending the wage fund established for non-staff (non-scheduled) employees on the maintenance of permanent employees in excess of the approved staff and employees hired for regular positions on internal and external (in the current understanding) part-time jobs.

What does freelance police officer mean?

It is approved by order of the head of the organization or a person authorized by him. Changes to the staffing table are made on the basis of an order from the head of the organization or a person authorized by him. It follows that any normally functioning commercial organization, if the need arises to perform any work, should not have any problems with changing the staffing table and introducing the position of the required specialist into it. The need to hire freelancers may only arise from budgetary institutions and other non-profit organizations financed by the owner of the property or by other permitted means, since such organizations have a strictly limited wage fund associated with the staffing table approved by the owner, and a planned estimate of other expenses.

What is a freelance police officer?

The basis for such a decision can be many factors. For example, you work under just such a contract, but fulfill all the same obligations as full-time employees. Or you receive a salary at a certain frequency. After all, a civil contract provides for payment upon actual payment. By going to court, you can get your employment contract officially recognized as an employment contract. In what areas can you work freelance? You can become, for example, a freelance journalist or manager without much difficulty.

What about more serious positions? There are many examples here too. Let's say a freelance police officer. The average age of such people is 30-35 years, and at the same time they work in a variety of fields, from security guards to company directors. Why are some people so eager to get a freelancer certificate and work in government agencies? Everyone has their own reasons.

What is a freelance FSB employee?

The organization is obliged to withhold personal income tax in the amount of 13% from the amount of the citizen’s remuneration for transfer to the appropriate budget (Articles 224, 226 of the Tax Code of the Russian Federation). It is quite common that when concluding a civil contract, the parties do not take into account such a feature as the duration of the relationship. It happens that relationships under a civil contract are long-term in nature and systematic, monthly cash payments are made under it.

The duration of the contract poses a danger for the parties, since the activities of a citizen providing services under such a contract may fall under the definition of entrepreneurial activity.

Freelance employees are persons who undertake to perform one-time work for a particular institution, without being registered on its payroll (official) staff. It is possible to conclude one of the following contracts with these employees: temporary (fixed-term), civil or contract. Freelance employees can be paid for each of these.

The institution itself determines under what type of contract it will accept a freelance employee.

Documentation of hiring a freelance worker

When concluding an employment contract with a freelance worker, the employer issues a corresponding order on his employment, which must indicate, as well as in the contract itself, that the employee is hired temporarily. The work book is also properly prepared. You can read how to correctly make an entry in a work book.

In the case of formalizing an employment relationship with a freelance worker by concluding a civil contract, this frees the employing organization from making an entry in the work book, and from issuing orders for hiring an employee and dismissing him.

When concluding a civil contract with a freelance worker, labor duties, in accordance with this document, must be performed outside working hours. Otherwise, this work will be qualified as part-time work. At the same time, on the basis of an employment and civil law contract, a freelance employee must carry out different types of activities.

An employee who works under a civil contract is not subject to the internal regulations of the institution, and labor laws do not apply to him. also not provided. If the agreement between the parties stipulates that it is necessary to work on weekends and holidays, this condition must be met.

Under a civil contract, a freelancer is paid only for the result of the work performed.

Such an agreement specifies:

• the entire list of work that the employee needs to perform;
• the procedure for making payments to an employee;
• start and completion dates of work, since freelance workers cannot be hired for an indefinite period;
• procedure for acceptance and delivery of work;
• requirements that the employer places on employees;
• for non-compliance with the provisions of the contract.

The completion of the work is confirmed by a formalized acceptance certificate.

It is not necessary to prescribe the provisions that apply to labor relations, namely: working hours, internal labor regulations, specialty (position) of the employee.

A freelancer who caused damage to the institution is obliged to fully compensate it. Both actual damage caused (the cost of damaged goods or missing valuables) and lost benefits that were not received by the organization must be compensated.