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 overseas chinese in canada data 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.
What other differences are there between the contracts:
Civil law contract Employment contract
Registration and documents No employment record or entry in work record book Employment on staff using a work record book
Cash payment Remuneration is paid for the performance of services or work specified in the agreement. Salary is paid twice a month according to the contract, regardless of the volume of work performed.
Deductions from salary The customer withholds personal income tax from the contractor's remuneration and pays it to the tax office according to a single tariff plan. The employer withholds personal income tax from the salary and pays it to the tax office at a single rate, to the SFR - in the event of an employee being injured at work
Obligations The services and works are clearly spelled out in the civil-law contract. The contractor is obliged to perform them in accordance with the regulations All job responsibilities are spelled out and work is performed according to them.
The period for which the contract is concluded Precisely defined in time. Set by both parties Indefinite or up to five years in the case of a fixed-term employment contract
Place, time, working conditions There is no binding to the time of work and place. The main thing is to get the result. The performer provides the workplace himself The employee performs duties in the designated place, works according to the established schedule and complies with the conditions specified in the contract.
Labor guarantees, benefits Social guarantees from 2023: payment of sick leave, vacation, maternity benefits and child care benefits up to 1.5 years are made to everyone except the self-employed Paid: annual leave for 28 calendar days, sick leave, benefits. In case of layoffs or dismissal at the initiative of the employer, the employee is assigned severance pay
Fines It is possible to provide for this, they are written in a separate column Not provided
The GPC agreement assumes that the contractor has the opportunity to work under several contracts at once. Thus, he is not limited in income and level of employment. When concluding an employment agreement, the employee works and receives wages in accordance with the signed document.
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