Differences between a contract of work and an employment contract
Posted: Wed Jan 22, 2025 5:03 am
A contract for work has several differences from other types of agreement documents:
Consensus. A contract is considered concluded from the moment its participants agree on the terms of performance of work and sign the document.
Mutual responsibility. Both parties have legally equal rights. The basis of contracts is mutual trust and responsibility.
Compensation. All parties to the contract have their own benefits from fulfilling mutual obligations.
Divisibility of the subject. The subject of the contract is considered divisible if it can be divided into several separate parts, and vice versa, integral if it is a single result of the work.
The main differences overseas chinese in europe data between a contract for work and an employment contract
Parties
An employment contract is concluded between the parties called the "Employer" and the "Employee". The former are adults, individual entrepreneurs, organizations or government agencies. An employee can only be an individual who is at least 16 years old. An exception to the age limit may be the profession of an actor, since sometimes filming begins already at birth.
The parties to another contract we are considering are the customer and the contractor. A contract for the performance of work can be concluded with an individual entrepreneur, an organization or an adult (from 14 years old - with parental consent). Moreover, all these persons can be a party to both the customer and the contractor.
Item
For a contract for technical work, it is a specific result at the end of the activity performed in the form of a newly created or modified thing. In this case, it is absolutely unimportant how the agreed result will be achieved and what amount of resources will be required to achieve it. What is important is the high-quality performance of the activity within the specified time frame.
The subject of the employment contract is the work process, in which the performer performs all job duties in accordance with the internal regulations of the organization. He must strive to achieve the best result, but do this under the supervision of the immediate superior in a certain place and at a specified time.
Payment for activities in labor relations and the price in the contract
For their work, the employee is entitled to payment, the amount of which is directly proportional to the time spent during the reporting period (usually a month). Its amount must not be lower than the minimum subsistence level established by the state.
Payment for work under a contract can be any, the minimum level is not established. The contractor is paid remuneration taking into account that it includes all costs incurred in performing the necessary activity (cost of raw materials and materials, transportation costs, etc.).
In case of losses incurred by the employer and the customer, a certain part of the salary and remuneration for the work performed may be withheld as compensation. The former has the right to deduct up to 70% of the amount accrued under the writs of execution from the bailiffs, while the client under the contract is not affected by these problems.
Consensus. A contract is considered concluded from the moment its participants agree on the terms of performance of work and sign the document.
Mutual responsibility. Both parties have legally equal rights. The basis of contracts is mutual trust and responsibility.
Compensation. All parties to the contract have their own benefits from fulfilling mutual obligations.
Divisibility of the subject. The subject of the contract is considered divisible if it can be divided into several separate parts, and vice versa, integral if it is a single result of the work.
The main differences overseas chinese in europe data between a contract for work and an employment contract
Parties
An employment contract is concluded between the parties called the "Employer" and the "Employee". The former are adults, individual entrepreneurs, organizations or government agencies. An employee can only be an individual who is at least 16 years old. An exception to the age limit may be the profession of an actor, since sometimes filming begins already at birth.
The parties to another contract we are considering are the customer and the contractor. A contract for the performance of work can be concluded with an individual entrepreneur, an organization or an adult (from 14 years old - with parental consent). Moreover, all these persons can be a party to both the customer and the contractor.
Item
For a contract for technical work, it is a specific result at the end of the activity performed in the form of a newly created or modified thing. In this case, it is absolutely unimportant how the agreed result will be achieved and what amount of resources will be required to achieve it. What is important is the high-quality performance of the activity within the specified time frame.
The subject of the employment contract is the work process, in which the performer performs all job duties in accordance with the internal regulations of the organization. He must strive to achieve the best result, but do this under the supervision of the immediate superior in a certain place and at a specified time.
Payment for activities in labor relations and the price in the contract
For their work, the employee is entitled to payment, the amount of which is directly proportional to the time spent during the reporting period (usually a month). Its amount must not be lower than the minimum subsistence level established by the state.
Payment for work under a contract can be any, the minimum level is not established. The contractor is paid remuneration taking into account that it includes all costs incurred in performing the necessary activity (cost of raw materials and materials, transportation costs, etc.).
In case of losses incurred by the employer and the customer, a certain part of the salary and remuneration for the work performed may be withheld as compensation. The former has the right to deduct up to 70% of the amount accrued under the writs of execution from the bailiffs, while the client under the contract is not affected by these problems.