On freelancers know at. Hiring freelancers

Non-staff employees are persons who undertake to perform one-time work for a particular institution, without registration in its payroll (official) staff. With these employees, it is possible to conclude one of the following contracts: temporary (urgent), civil law or contract. The work of freelancers can be paid for each of these.

The institution itself determines under what type of contract it accepts a freelancer.

Documentation of the admission of a freelance worker

When concluding an employment contract with a freelance worker, the employer issues an appropriate order on his employment, where it should be indicated, as well as in the contract itself, that the employee was hired temporarily. The work book is also properly drawn up. You can read how to make an entry in the work book correctly.

In the case of registration of labor relations with a freelance worker by concluding a civil law contract, this exempts the employer organization from making an entry in work book, and from the execution of orders for the hiring of an employee for the work of an employee, and for his dismissal.

When concluding a civil law contract with a freelance worker, labor duties, in accordance with this document, must be performed outside work time. Otherwise, this work will be qualified as part-time work. At the same time, on the basis of an employment and civil law contract, a freelancer must carry out different types activities.

An employee who works in a civil legal contract, is not subject to the internal regulations of the institution, and labor legislative norms. also not provided. If the agreement between the parties specifies that it is necessary to work weekends and holidays, this condition must be met.

Under a civil law contract, a freelancer is paid only the result of the work performed.

Such an agreement specifies:

the entire list of work to be performed by the employee;
the procedure for making settlements with an employee;
date of commencement and completion of work, since freelancers cannot be hired for an indefinite period;
the order of acceptance and delivery of works;
requirements that the employer imposes on employees;
for non-compliance with the terms of the contract.

The performance of works is confirmed by the executed act of their delivery and acceptance.

It is not necessary to prescribe provisions that apply to labor relations, namely: working hours, labor internal order, specialty (position) of the employee.

A freelancer who caused damage to the institution is obliged to fully compensate him. Reimbursed must be as incurred real damage(the cost of damaged goods or missing values), and the lost profit, which was not received by the organization.

A freelance employee of an organization is an employee accepted into it to perform short-term work and not included in the staff list. As a rule, a freelancer is hired to perform one-time or seasonal work or to replace a temporarily absent employee.

The number of freelancers includes freelancers who offer their services via the Internet, but their work does not require a written registration of relations with the customer. In some cases, such employees may be registered as having an employment contract.

Registration of labor relations with freelancers

Fixed-term employment contract

Among the agreements that can be concluded with an accepted freelancer is a fixed-term employment contract, which differs from a standard employment contract by a fixed period of employment (up to five years in accordance with Article 58 of the Labor Code of the Russian Federation).

As a rule, an agreement of this type is concluded with seasonal employees or employees replacing the main employee, however, Article 58 of the Labor Code of the Russian Federation provides for the possibility of concluding fixed-term contracts with any categories of employees.

When signing this type of contract with a freelance worker, the employer must issue a hiring order, which, among other things, indicates the period of employment. In the employee's work book, an entry is made about acceptance or appointment to a specific division of the organization. The probationary period that the employer has the right to set varies depending on the total duration of the contract.

When concluding a contract for a period of less than two months probation cannot be established at all, for up to six months - no more than two weeks. In the event that the hired fixed-term contract a freelance employee continues his activity after the expiration of the agreement, the contract automatically becomes indefinite with all the ensuing consequences, and an attempt to further interpret the agreement as urgent is considered a violation of labor laws.

The established term of the contract can be changed, for which it is necessary to conclude an additional agreement.

Civil law contract with a freelance worker

The contract (performance of work or provision of services) refers to and is concluded for the execution of a one-time order. It is this type of contract that is used, as a rule, when hiring a freelancer.

The issuance of an admission order and an entry in the work book in this case are not made.

A standard civil law contract with an employee contains provisions on:

list of work performed;
the method of settlement with a freelance worker and the amount of his remuneration;
term of work (start and end dates);
the order of acceptance and delivery of work performed;
general requirements for the employee;
the responsibility of the parties.

An employee hired under a civil law contract is not obliged to obey the established order of the organization's activities; no guarantees and benefits established labor law(vacation, etc.) also do not apply to workers of this type.

The conclusion of a civil law contract with a freelance worker implies the performance of labor duties by him outside of working hours, otherwise his work, according to the Labor Code of the Russian Federation, must be qualified as part-time work.

It should be remembered that in the event of a dispute with the employer, an employee whose contract contains provisions that are usually prescribed only in labor agreement(see above), has good chances prove the establishment of labor relations with the organization that accepted it in court.

The freelance worker is a relatively new phenomenon in labor relations. Although such a concept does not exist under current law, this does not contradict established rules labor law. To understand who a freelancer is, you need to understand the features of his work and design.

Each organization has its own staff, which can be from a few people to more than one thousand employees. With a dedicated team of experts different profile established labor process. In addition to core employees, organizations often use the services of freelancers.

Usually, the services of a freelance specialist are addressed in certain situations:

Short-term work that is not part of the general scope of the company. For example, engaging a specialist to update computer programs, or the master to repair the premises.

Temporary assistant for the accumulated cases, documentation analysis, additional "hands" for solving the tasks. For example, an assistant in the personnel department for paperwork, or a recruiter for a mass recruitment of applicants for a short-term project.

Consulting on business, project, legal matters and the like, i.e. a person whose opinion will be important for solving various business problems

Business development by attracting new customers. This could be a network marketing variant or freelance journalists and public relations professionals. The task of such people is advertising and ensuring the influx of new users.

There are some areas in which you can most often find freelancers: information Technology, consulting agencies, creative studios, design workshops, advertising agencies, sphere of communication and television.

Features of hiring

When deciding to work outside the organization's staff, you should weigh everything well. Work may not be burdened by a strict schedule, daily presence in the office and other exhausting requirements. It is better not to work only by verbal agreement, but to consolidate relations in writing. So there will be confidence in receiving remuneration for the work done and it will be easier to resolve disputes.

There are several options for freelance employment.

Labor contract. Usually in this case, a fixed-term contract is concluded.

Outstaffing. A relatively new direction in the labor market in Russia and a widespread phenomenon in the west. This phenomenon is also called agency work, i.e. employees of one company temporarily perform work in another.

The process of registering a freelancer is slightly simplified compared to the usual registration of a person. Here it is not necessary to collect a complete package of documents, information about education, a military ID and the like, it is enough to have a passport and SNILS.

There are differences in the personal file of the employee. If the registration is under a fixed-term contract, a personal file of a person is drawn up, an order for employment is issued and a card is entered in the T-2 form. If a civil law contract is signed, the preparation of other documents is not required.

Most often, the work of a freelance specialist in its specifics does not require being in a company, just a computer and good internet. Another plus is the ability to work at a convenient time for yourself, since there is no attachment to the workplace.

Labor contract

To ensure the guarantee of labor obligations between the parties, an employment contract should be concluded. With a freelance worker, it is possible to conclude both a standard contract and a work contract.

In case of signing an employment contract, even for a certain period, all social guarantees provided for by law apply to the employee. The contract specifies the terms and wages, working hours, rest regime, functionality and responsibility of the parties.

A civil law contract or a work contract is more of a written agreement between the customer and the contractor. It specifies the type of work and the deadline for its execution. Payment is made only upon completion of the work. As a rule, the contract is concluded for the period of performance of the task. After its completion, if necessary, another document is drawn up.

The contract does not have social guarantees, it does not make contributions to Pension Fund sick leave is not paid and vacations are not provided. Sometimes it happens that the employer deliberately enters into a civil contract in order to “save” on employees. If there is such a suspicion, you should contact the labor inspectorate to clarify the situation. If a violation is detected, the work contract is declared invalid, and an employment contract is signed with the employee.

Rights and obligations

A freelancer is part of the organization's team if he performs his duties for a long time. Therefore, all guarantees and privileges of the company apply to it, or it is separately negotiated. The contract must reflect all the rights and obligations of the parties. An external worker bears the same responsibility to the employer as an internal worker. In particular, he must respect the values of the company, protect the issued property and keep trade secret. The employer, in turn, must provide the employee necessary equipment for work, fulfill social guarantees and ensure the safety of the worker.

Benefits of processing foreign workers out of state

Registration of foreign workers is a rather complicated and painstaking procedure. It requires compliance with the deadlines for notifying the migration service and the availability of various documents and permits. Violation of the procedure for registering a foreigner is punishable by very large fines for the employing organization. Moreover, there are Various types stay of migrants, which are issued in different ways. All this complicates the registration of such workers, even with their good qualifications.

One of the solutions to this problem is to register a foreigner outside the company's staff. Thus, the employer will not be responsible for accepting a citizen of another country. At the same time, it is better to conclude a civil law contract, which practically does not appear in the main documents of the company. There are a number of advantages to accepting a foreign citizen as a freelancer:

the ability to avoid paperwork to register it with the migration police;

the ability to avoid fines and checks in case of incorrect registration of a migrant;

no need to follow the documents of the employee;

Simplified schemes for taxing employee income are possible.

When accepting a foreigner, you should be most careful, since registering him outside the state does not always guarantee security. Frauds with labor law, migration code and taxation can cost significantly more than compliance with the necessary procedures.

freelance police officer

A special type of freelance work is a freelance police officer. Few people know, but there is a whole direction in law enforcement agencies for the introduction of freelance police officers. This position originates from Soviet period when there were vigilantes. These people, on a voluntary basis, guarded order on the street and public events. They could be contacted in case of trouble, for example, hooliganism, theft and other petty crimes.

A freelance police officer is not a full-time employee internal organs, although it has a certificate. He does not bear a rank, does not have additional social guarantees, length of service and the right to carry service weapons. The task of such a police officer is to control public order, crime prevention, sometimes obtaining information under the guise ordinary person. A freelance police officer does not have the right to use force, especially weapons, and he cannot detain violators. His duties include the control of order and the prevention of crime.

Getting a position as a freelance police officer is not very difficult. For this you need to have good health, not have a criminal record and other problems with the law and reputation, and most importantly, selflessly want to provide peace and tranquility to others.

Question form, write your

A freelance employee of the organization is not listed among the staff, but a civil or labor contract has been concluded with him. In one of the companies where I worked, freelancers were called specialists who were officially registered in the company, but worked not in the office, but from home.

However, according to an honest Hamburg account, it is correct to call such workers remote - this is one of the convenient formats of cooperation that are beneficial for enterprises, but it differs from hiring freelancers.

Freelancers are required by organizations to perform certain types of work. Often we are talking about tasks that arise only from time to time, but sometimes out-of-staff employees perform regular tasks and remain in touch full-time, so that they are distinguished from full-time specialists only by the format of the contract and the tax payment scheme. How to hire a freelancer and not regret?

I'll say right away: Labor Code The Russian Federation does not provide for such a form of hiring as an out-of-state specialist. Therefore, if you have concluded an employment contract with an employee, the same rights and obligations apply to him as to specialists who come to the office five days a week.

In practice, the difference comes down to the fact that his position is not provided for by the staffing table, or you are looking for a specialist to help staff members. For example, you have two locksmiths, but from time to time they cannot cope with the volume of tasks, so you involve a third specialist.

In such cases, the rights and obligations of a freelancer are no different from the rights and obligations of other employees of your company.

Sample employment contract that can be concluded with a freelancer m

Pros and cons of out-of-staff specialists

The benefits of hiring out-of-state workers include:

Reducing the burden on bookkeeping. However, this is true only if you outsource some functions - you conclude an agreement with the company, for example, on cleaning, getting rid of the need to register a permanent cleaning lady. Also, the burden on accounting is reduced by cooperation with individual entrepreneurs.
Reducing the burden on the HR department. Again, this is not always true. In addition to cases of searching for specialists through outstaffing, the load on the personnel department is reduced if a freelancer is looking for a head of department or a responsible specialist to perform a specific task.
Saving money. The work of freelancers is often paid after the fact, it is not necessary to accrue a monthly salary and an advance. Another type of savings is the ability to rent a smaller office or purchase fewer tools (depending on the specifics of the business). The outsider does not have to allocate permanent place and he often has his own tools.
Ability to hire an unlimited number of freelancers. The customer's hands are untied: the law does not prohibit hiring as many out-of-state specialists as you want.

The disadvantages include higher risks associated with the performance of their duties by specialists. For example, such employees often do not feel like full members of the team, therefore they do not seek to establish communication with other employees, and they are negligent in their duties.

But even if the specialist is responsible, the lack of communication can make work difficult - it often creates an additional burden on the manager, because even minor issues go through him, as through an intermediary. Out-of-staff specialists often do not have the bonuses and privileges of staff members, so they easily lose motivation. That is, you still need to be able to work with such employees.

Is working as a freelancer promising?

People often ask in what areas it is possible to be a freelancer. In short: in all, you can even become a freelancer for the FSB or Interpol. Most often, freelancers are hired by companies related to information, marketing and IT: online publications actively cooperate with freelance writers, entrepreneurs are looking for freelance specialists for technical support sites, freelance marketers are attracted to individual promotions and events.

Another in-demand area is finance: companies are often looking for freelance accountants and auditors. However, do not assume that you cannot get a job, for example, as a freelance electrician or plumber. More and more companies are signing contracts with freelancers.

How promising is registration as a freelancer?

It is difficult to give an unequivocal answer: it depends on your specialization and the specifics of the industry. If you're looking for a way to make time for someone important things, except for work, for you it will be, if not promising, then profitable.

In the future, a freelancer can really turn into a full-time specialist and even take leadership position. Because any company prefers an already verified person to a stranger who came through an ad. But not everything is so simple.

You may run into companies that save money through freelancers. They are looking for smart, qualified, but not enough experienced specialists, they offer a low rate, but with the prospect of becoming a full-time employee. Since no one names specific dates, such a specialist can work for several years for ridiculous money, counting on the future. Just remember, if you don't get paid well out of state, you're unlikely to get well paid when you get your own desk and chair in the office.

Freelance worker: how to apply

And now the most slippery moment: how to lead a freelancer in accounting and legitimize your relationship with an employee? It is usually unprofitable for the employer to conclude an employment contract, because then the salary, advance payment, vacation, paid sick leave, and so on will be due from him. Therefore, a freelance contract is usually a civil law form, which implies that one party acts as a customer, and the second as a contractor.

Sample civil law contract that can be concluded with a freelancer

Specifics of a civil law contract:

Work can be paid with any regularity, but the contractor is not subject to your work schedule.
The contractor is not entitled to social guarantees, but personal income tax is withheld for each payment to him.
Mandatory insurance premiums- only in the PFR and FFOMS, but if the contract provides for payments for injuries, then the contractor may be entitled to them too.

As you already understood, you have to pay taxes for a freelancer. The customer becomes a tax agent and is obliged to withhold personal income tax from all payments. Exception: if you have entered into an agreement with individual entrepreneur, then he must pay taxes on his own.

Because according to this clause of the contract, you can be “hung” with extra responsibility. Also carefully re-read the conditions and amounts of payments, the possibility of obtaining additional payment. If your work involves health risks, there should be a clause in the contract about compensation for medical expenses.

In this article, we take a closer look at who freelancers are, why employers can benefit from off-staffing, and how you can safely remove employees from your organization.

Freelancer - who is it?

Non-staff employees are employees who are officially registered as the staff of one organization, but work on the territory and under the control of another organization under an agreement for the provision of personnel (outstaffing agreement) or the performance of work or services (outsourcing agreement).

In other words, freelancers are employees that the customer hires to perform work. Freelance workers perform their labor duties on the territory and under the control of the customer. At the same time, these employees are officially registered in the state recruitment agency which provides personnel for the performance of work.

That is, freelance workers are employees who work on the orders of their direct employer, but in the interests and under the direction of a person who is not officially their direct employer.

On the territory of the Russian Federation, basically all freelance workers are foreigners. This is due to the fact that many organizations that want to use the cheap labor of migrants simply do not know how to correctly register migrants and keep records of them, so they simply transfer employees for the state to outstaffing.

To do this, an employer who needs to transfer employees already working in his organization to the staff or hire new ones, but without registration in his company, applies to a recruitment agency for outstaffing. The agency re-registers employees to its staff, and then transfers them back to the client already under a staffing agreement.

Why is it profitable to keep foreign workers on staff

On outstaffing, a private employment agency becomes the official employer of freelancers, which means that all the functions and responsibilities of the employer for these workers are automatically transferred to the agency.

This means that it is the recruitment agency that now deals with personnel, tax and migration records of employees, monitors their documents, communicates with government agencies, meets and passes inspections, prepares and submits reports.

That is, it is the recruitment agency, in whose staff your freelance workers are registered under an employment contract, that is fully responsible for them to government agencies.

In other words, all personnel and migration risks, all possible fines for migrants, as well as any showdown with inspection services - all this is now the concern of the recruitment agency.

Thus, to withdraw migrants from the state means absolutely legally to use the labor of freelance foreign workers and at the same time legally get rid of the tedious procedure for their registration, maintaining personnel, migration, tax and accounting, as well as any risks and penalties associated with the use of migrant labor.

When registering foreign workers for the state, you:

Forget about the Ministry of Internal Affairs, checks and fines forever

You are not registered with the Ministry of Internal Affairs.
You simply send all inspectors to us, showing the contract.
You are guaranteed to be insured against fines.
24/7 legal support for you and your employees.

Unload HR department by 98%

Your employees no longer touch migrants' documents. At all.
You do not care about immigration legislation and its changes.
You forever forget about migration government agencies and queues.

Optimize taxes and costs

You are served free of charge by a whole team of professionals: personnel officers, migration lawyers, accountants, auditors and corporate lawyers.
You get not only personnel services, but also tax optimization.
You switch to a white paper scheme - we guarantee confirmation of tax deductions.

Protected from illegal immigrants by 100%

All migrants in your territory have full set valid documents.
The validity of documents is tracked by specialized software.
Automation of migration workflow eliminates the human factor by 100%.

You get an employee who is immediately ready to start working

Transfer for the state takes only 15 minutes - a migrant can immediately start working legally with all the documents on hand.

How to get foreign workers out of the state

To remove foreign workers from the staff of your organization, you must contact an accredited recruitment agency for the service of outstaffing workers.
For example, in the recruitment agency “ZaShtatom. Our procedure for re-registration and transfer of foreign employees for outstaffing is very simple and takes

just 15 minutes:

You send workers to our office.
We conduct a migration audit of your workers' documents.
We conclude employment contracts with foreign citizens.
We notify the Ministry of Internal Affairs about the employment of foreigners.
We put foreigners on migration registration.

As a result, migrants officially employed in our state come to you to work under a contract for the provision of workers with all necessary documents in your hands and legally work at your facility under your direct control.
This is how quickly and easily an employer can apply for foreigners to work for the state and start using the work of foreign citizens right on the day of application.

The provision of labor for foreign freelancers allows you to completely get rid of all the functions and responsibility of the employer for migrants to government agencies and forever forget about millions of fines and migration and personnel risks. In addition, this allows you to significantly reduce personnel costs and optimize payroll taxes.

If you have questions about the transfer of employees out of state, just call us right now. Employees of the ZaShtatom recruitment agency will answer any of your questions and help you deal with complex migration laws.

27.02.2018

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