The concept of a civil-law contract
Posted: Wed Jan 29, 2025 10:30 am
A civil law contract (CLC) is a document concluded by two parties, with established rights and obligations, having legal force. One party to the agreement is the customer, the other is the contractor.
The concept of a civil-law contract
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The agreement reflects: the order realtor email list completion period, the cost of the work, the payment procedure, and the criteria for evaluating the result. In order for the agreement to retain its legal force, a column is allocated on the liability of the parties in the event of a breach of the agreement.
In a civil-law contract, the advantages for the employer are that companies can attract external employees without subsequent employment. For example, you can invite programmers, realtors, commercial authors, etc. But the disadvantages of such agreements are the lack of leverage over the contractor.
Variants of the civil law agreement:
Contract : suitable for completing work with a set deadline - repair of premises, household appliances.
Paid provision of services : terms are set by decision of the parties. The contract is considered fulfilled only after the full provision of services specified in the agreement.
Author's order : the result of cooperation is a creative work - a book, painting, music, text, video, etc.
Transportation : the customer and the contractor conclude a contract for the transportation of cargo to the destination. The nature of the cargo, the route from the starting point to the end point are precisely specified.
Storage : the contractor undertakes to preserve the property transferred by the customer in its entirety within the timeframes agreed upon in the agreement.
Assignment : the contractor provides legal services to the customer. Mainly suitable for an agreement that involves the lawyer attending court hearings, requesting data from various authorities, etc.
Commissions : mainly concerns the purchase and sale of real estate. The contractor is a realtor - an intermediary between the seller and the buyer of real estate. The contract specifies the amount of the commission for the realtor and the method of its payment - an advance payment and a reward that is transferred after the completion of the transaction.
Anyone can enter into a civil-law contract, even if they are employed by the company in accordance with the Labor Code of the Russian Federation. It can be signed by both a citizen of the Russian Federation and a foreigner. An important point: in a civil-law contract, the services must differ from the obligations under the employment agreement.
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Differences between a civil-law contract and an employment contract
The main differences are the parties and the subject of the contract.
In the first option, the agreement is concluded between the customer and the contractor, and its subject is work or service. The employment contract is signed by the employer and the employee, the subject is the labor function, that is, work is considered within the framework of the position held according to the schedule and the established schedule.
When concluding an employment contract, the employee joins the staff and receives a salary. He is bound by labor relations with the employer. Guarantees and compensations are provided for him: payment for vacations, sick leave, payment upon termination of the contract or reduction.
In a civil-law contract, the contractor is not on the staff. He can work at a time convenient for him. Instead of wages, he receives remuneration for the work performed or services rendered. The result of the performance is reflected in the acceptance certificate.
The concept of a civil-law contract
Source: shutterstock.com
The agreement reflects: the order realtor email list completion period, the cost of the work, the payment procedure, and the criteria for evaluating the result. In order for the agreement to retain its legal force, a column is allocated on the liability of the parties in the event of a breach of the agreement.
In a civil-law contract, the advantages for the employer are that companies can attract external employees without subsequent employment. For example, you can invite programmers, realtors, commercial authors, etc. But the disadvantages of such agreements are the lack of leverage over the contractor.
Variants of the civil law agreement:
Contract : suitable for completing work with a set deadline - repair of premises, household appliances.
Paid provision of services : terms are set by decision of the parties. The contract is considered fulfilled only after the full provision of services specified in the agreement.
Author's order : the result of cooperation is a creative work - a book, painting, music, text, video, etc.
Transportation : the customer and the contractor conclude a contract for the transportation of cargo to the destination. The nature of the cargo, the route from the starting point to the end point are precisely specified.
Storage : the contractor undertakes to preserve the property transferred by the customer in its entirety within the timeframes agreed upon in the agreement.
Assignment : the contractor provides legal services to the customer. Mainly suitable for an agreement that involves the lawyer attending court hearings, requesting data from various authorities, etc.
Commissions : mainly concerns the purchase and sale of real estate. The contractor is a realtor - an intermediary between the seller and the buyer of real estate. The contract specifies the amount of the commission for the realtor and the method of its payment - an advance payment and a reward that is transferred after the completion of the transaction.
Anyone can enter into a civil-law contract, even if they are employed by the company in accordance with the Labor Code of the Russian Federation. It can be signed by both a citizen of the Russian Federation and a foreigner. An important point: in a civil-law contract, the services must differ from the obligations under the employment agreement.
Read also!
"32 Ways to Attract Clients: Proven and Unconventional"
Read more
Differences between a civil-law contract and an employment contract
The main differences are the parties and the subject of the contract.
In the first option, the agreement is concluded between the customer and the contractor, and its subject is work or service. The employment contract is signed by the employer and the employee, the subject is the labor function, that is, work is considered within the framework of the position held according to the schedule and the established schedule.
When concluding an employment contract, the employee joins the staff and receives a salary. He is bound by labor relations with the employer. Guarantees and compensations are provided for him: payment for vacations, sick leave, payment upon termination of the contract or reduction.
In a civil-law contract, the contractor is not on the staff. He can work at a time convenient for him. Instead of wages, he receives remuneration for the work performed or services rendered. The result of the performance is reflected in the acceptance certificate.