As a rule, most citizens realize their labor opportunities by concluding an employment contract with the employer. However, with the liberalization of economic relations, the expansion of their types and forms of implementation, the need arose and expanded legal procedures for registration of such activities. One of them is the design of economic interactions using civil procedures. As stipulated by law, a civil contract for the provision of services (and all its varieties: work contracts, gifts, agreements and others) has some important differences from our usual labor contract, although they have one legal nature - they all exercise the constitutional rights of citizens to work.
Consider some of the differences between these forms of contracts, it is important from the point of view that not distinguishing between these concepts quite often leads to misunderstandings in law enforcement. Civil law forms of relations have received the most widespread use in the service sector, and since almost all people now, one way or another, are connected with this sphere, we will consider the differences between these forms on the example of contracts in this sphere where the main contract is for the provision of services .
The most common differences between civil law relations and ordinary labor relations are that they conclude and terminate contracts differently, and the terms of contracts change differently , if required during the term of their validity, these types of contracts have different legal consequences . All this is due to the fact that the labor contract is a sphere of labor relations, which by their nature are more preferential than civil law.
The main difference that the employment contract (TD) and the contract for the provision of services contain in themselves is their subject. An employment contract is signed for the entire sphere of relations provided for by the professional qualification of the employee, and it is allowed to combine professions in which the employee will perform the labor function at the enterprise. In addition, upon completion of any activities within the TD, relations between its parties do not cease, as the employer has the right to issue other orders specified by the contract, and the employee is obliged to execute them. Meanwhile, the contract for the provision of services provides that immediately after the implementation of the services provided by the document, such relations cease.
The subject of the traditional labor contract is our work, regardless of its results, while any contract for the provision of services by the subject means, first of all, and only the results of the work itself, that is, it is not about the labor function in the broad sense, and specifically about the task.
It is also important to know that an agency contract for the provision of services is a common way of formalizing business relations. It does not carry anything particularly different from a standard contract for the provision of services, except that it is not concluded directly by the customer and the contractor, but through the intermediary of an agent, that is, a person or company who is engaged in such activities professionally and legally.
The types of contracts under consideration differ also in the conditions that they stipulate and imply. If labor strictly regulates working conditions and provides for sanctions for violations, then this is not the case in civil law.
An employment contract involves the performance of production tasks directly by the person who concluded the contract, and in the service contract the contractor is only responsible for the final result of the work and may involve other persons in the performance of the task.
These contracts contain other differences, but the main thing is that in civil law there exists and is applied as a principle, the legal equality of the contractor and the customer, and in labor - the principle of subordination of the employee to the employer.