University graduates after state exams (some much earlier) start looking for vacancies, students are looking for a part-time job during the summer holidays, someone wants to change jobs to one that is closer to home, while someone else doesn’t have a relationship with their bosses. There are many reasons for seeking income, but I just want to find exactly what will fully satisfy our needs. Today, in almost every employee search announcement, you can find the phrase “TK clearance”. What does it mean? So that means a lot (if not all).
After all, official employment or registration under the Labor Code of the Russian Federation is a guarantee of observing the rights of the employer. You can work on the basis of various agreements. But here both the rights and obligations in the case of registration under the TC are fundamentally different.
In many cases, the same type of work can be performed both under a GPC / civil contract (civil law contract) and labor. However, work under an employment contract has its own characteristics: only in this case, the employer determines the working hours, schedule, place of work (usually in its territory). He is also required to make contributions to the Pension Fund, to social and medical insurance funds. In other forms of employment, the employee himself determines the time for completion of the order. As a rule, such contracts are preferable if the work is to fulfill specific orders. For GPC, for example, translators, journalists, and photographers work. In this case, registration according to the Labor Code is impractical from the point of view of the employer: the employee completed the order - received the money, but the employer does not have to pay him sick leave, leave, dismissal for child care. It is also not necessary to provide social guarantees. Of course, you can work as a translator or editor, proofreader and in the state, in the office, at the hours indicated by the bosses, but this depends on the particular enterprise and its needs.
In other situations, for the vast majority of professions and positions, it is much more preferable to apply for TC. What does it give? Firstly, the “white” salary, therefore, it can always be indicated when proof of income is required (for example, when obtaining a visa). Secondly, there are certain social guarantees. For example, the right to paid leave, regional coefficients (allowances), the ability to receive a pension in the future or to go on maternity leave while maintaining a job. Thirdly, the employer must comply with the Labor Code, which means paying for overtime hours, night work, and any processing. By law, a standard work week does not exceed 40 hours.
You should be careful about this point: most employers hesitate to accept a new employee immediately for a long time.
That is why there is the so-called “trial period”, which cannot, however, exceed 3 months (for some posts - 6).
If TK clearance is offered only after a “test”, one should be wary. Indeed, the opportunity to show oneself and certain restrictions associated with the first months are provided for in the Labor Code, which means that the contract can be drawn up in such a way that registration is legal right and the employee can get an entry in the work book and guarantee timely payment of wages. Otherwise (without signing the contract) the employee will be much less likely to defend his rights if something goes wrong.