Labor relations can be organized not only on the basis of the Labor Code of the Russian Federation, but also on the basis of another legal framework - civil law. Moreover, the use of this base allows for the implementation of labor relations for both individuals and legal entities. A specific instrument of such registration can serve as a civil contract, the terms of which are regulated by the Civil Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, which regulates labor relations at the usual level when we work on the basis of a labor contract.
The main civil contracts, the types of which are provided for by the Civil Code of the Russian Federation:
- trust management;
- instructions;
- on the implementation of R&D;
- contracting;
- transportation;
- instructions;
- onerous provision of work;
- agency services;
- commissions.
It should be noted that the registration of labor relations with the help of the contracts in question is also not final and exhaustive. Contractual relations are also provided for by other laws relating to various branches of law. In particular, if the Civil Code of the Russian Federation provides for a civil law contract with an individual, then such relations in the field of JSC management are regulated by the law “On Joint-Stock Companies”.
The legal nature of the opportunity, due to which the civil contract becomes a reality, proceeds from Art. 103 of the Civil Code of the Russian Federation. This norm provides that if an appropriate decision of the shareholders is adopted, the management rights of the joint-stock company may be transferred to another body, which the company will exercise on the basis of civil law principles. In a word, labor relations can be carried out on the basis of a rather diverse legal base, and are regulated by various regulatory acts.
Partly for this reason, the contracts themselves and their execution have significant differences.
Consider some of these differences. According to the Labor Code of the Russian Federation, the subject of an employment contract may be the direct labor of an employee, which he does not have the right to shift to another employee. In the civil law form of relations, this situation looks somewhat different. For example, a certain company wants to improve the area around the office and maintain it in good condition. You can do this this way: either expand the staff and hire a gardener, or simply conclude a civil contract with someone who will independently carry out the work schedule, determine the types of work and will be responsible only for the final results of their activities . At the same time, other duties cannot be assigned to this employee, the contents of which are not specified in the contract.
There is another option that clearly demonstrates the differences between employment contracts and civil law. For example, our company decides to entrust the improvement of the territory not to a specific person, but to a company that specializes in such activities. She, in turn, turns to the services of specialists who will work for your company. There is a direct reassignment of work, and this is completely permissible under the civil law system of relations, and unacceptable under an employment contract.
In a word, the existence of an institution such as a civil law contract, personnel of an enterprise or institution is not discussed. However, the employee should also be aware that the differences concern not only the conditions for fulfilling the subject of the contract, but also some social guarantees, which are somewhat limited in this form of organization of labor relations. In this case, an employment contract looks preferable, since it provides for the fulfillment by employers of the entire list of social guarantees for the employee.