CrimeaPRESS reports:
What are the differences between the documents, what are the specifics of the GPC agreement and whether it is possible to recognize it as a labor agreement, said Alexander Yuzhalin, head of the legal practice at SuperJob.
A GPC agreement is an alternative to an employment contract and is concluded, as a rule, to solve one-time problems. Its main difference is that work under it is regulated by civil law, and work under labor law is regulated by labor legislation.
Let’s start with the positives. Typically, the employer does not pay insurance premiums and personal income tax for a work performer who is an individual entrepreneur or self-employed. Because of this, he can offer higher wages. For other applicants, it is more profitable to choose an employment contract.
The disadvantage of a GPC agreement is the lack of guarantees that are provided by law to those who have concluded employment contracts. For example, an employee under a GPC agreement is not guaranteed:
- salary payment twice a month;
- vacation;
- payment for overtime and work on weekends;
- labor protection — occupational safety training, medical examinations, accident insurance, etc.;
- salary indexation;
- maintaining average earnings;
- fixed work and rest schedule;
- compliance with the dismissal procedure.
In addition, to prevent the employer from avoiding the obligation to provide guarantees, the Labor Code prohibits concluding a GPC agreement instead of a labor agreement. So, when hiring a person, an employment contract is concluded.
If you have entered into a GPC agreement and believe that an employment contract should be concluded, demand that your contract be recognized as an employment contract. The law does not provide clear criteria for this, but in practice the following can be distinguished:
- organizational — the employee obeys the internal labor regulations, carries out the orders of the employer and bears disciplinary liability for their improper implementation;
- the presence in the GPC agreement of the mandatory conditions of the employment contract specified in Article 57 of the Labor Code — working hours and rest, nature of work, etc.;
- the employee performs work of a certain type on an ongoing basis — not a one-time task;
- the employee has a place of work or workplace;
- there are conditions for remuneration — the size of the employee’s tariff rate or salary, additional payments, allowances and incentive payments;
- remuneration is paid twice a month — on the same days as salaries to employees who have entered into employment contracts;
- a person working under a GPC contract is sent on business trips and his travel expenses are paid;
- a time sheet is kept;
- the staffing table contains positions of employees with similar or similar job functions.
If work under a GPC contract contains these signs, you can first contact the employer with a demand to recognize the contract as an employment contract, and if the employer is against it, go to court. Please note that the court’s decision depends on the circumstances.
Now you know more about the GPC agreement. It’s up to you to decide whether to sign it or not.
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