How to draw up an employment contract between an individual entrepreneur and an individual - sample and rules for registration

An individual entrepreneur using hired labor is not the most common phenomenon, which is why standard templates for an employment contract between an individual entrepreneur and an employee have practically not been developed. Files in .DOC: Form of an employment contract between an individual entrepreneur and an employee Sample of an employment contract between an individual entrepreneur and an employee

As a rule, standard employment contracts are used with slightly modified composition of the parties to the agreement. As a result, periodic labor inspections with enviable consistency find incorrectly formalized labor relations between the individual entrepreneur and the employee, and the individual entrepreneur is subject to a fine for violating labor laws.

Types and features

A correctly drawn up employment contract will allow the relationship between the individual entrepreneur and the employee to be brought into the legal mainstream. Both contracting parties receive state guarantees of their rights in labor relations.

In terms of duration, there are fixed-term and unlimited contracts, and by agreement of the parties they can be transformed from one to the other.

As a rule, fixed-term employment contracts are concluded when it makes no sense for either the employer or the employee to enter into a long-term contract without specifying its duration. Such labor relations may well suit a pensioner, a student, or a student.

For a farmer, they are beneficial when hiring for seasonal work, for example, harvesting. If an entrepreneur needs a person to temporarily replace an employee who has gone on vacation, then, naturally, he will indicate the validity period in the employment contract. When calculating the optimal term of such a contract, the individual entrepreneur takes into account the following circumstances:

1. the time of absence from work of an employee who went on leave for the birth of a child, illness, went on a long business trip, etc.;
2. the period of mastering any business project that requires new employees;
3. duration of seasonal work carried out by the entrepreneur;
4. the need for additional labor for other activities, for example, major renovation of an individual entrepreneur’s office, landscaping, etc.

If the entrepreneur did not take into account all the duration factors when concluding a fixed-term contract, then in the future, in agreement with the employee, he has the right to re-issue such a contract for an unlimited period.

If an individual entrepreneur needs a specialist for an indefinite period of time, then he enters into an open-ended employment contract with the candidate.

Document information

Termination of the contract occurs after the following events:

• the arrival of the exact date specified in the document;
• completion of the work for which the employee was hired;
• the previous employee returning from maternity leave or after illness.

For example, an individual entrepreneur makes a summer cafe in the warm season, he needs waiters, cooks, cleaners, but for the period from May 1 to September 30. Or a businessman needs people to repair a warehouse. He can enter into an agreement with any company performing such work, or hire citizens under an employment contract valid until the renovation of the premises is completed.

Temporary employees are often needed to replace women on maternity leave. But there may also be a situation where a permanent employee cannot perform his job duties due to health reasons, for example, he was involved in a car accident or suffered as a result of a natural disaster. Then the employment contract states that the temporary worker is considered dismissed from the day the person returns from maternity leave or sick leave.

Structure and content

An employment contract concluded between an individual entrepreneur and his employee generally follows the structure of standard employment contracts and includes the following notifications:

1. Last names, first names, patronymics and passport details of the participants in the employment agreement, that is, the individual entrepreneur and the citizen applying for a job with him. This is the first feature of drawing up an employment agreement with the participation of an individual entrepreneur. According to the standard, employer data is the name of the enterprise and the full name of the official entering into an agreement on behalf of the employer. Since an individual entrepreneur is first and foremost an individual, and only secondarily an entrepreneur, the employment contract will indicate the personal data of the individual entrepreneur.
2. Description of the workplace.
3. Amount of remuneration for labor and payment schedule. If necessary, indicate tariffs, rates of payment for overtime work, bonuses for exceeding planned targets, etc.
4. The amount of paid leave and the procedure for its provision, other guarantees of social security.
5. Material compensation and moral incentives for harmful or dangerous working conditions.
6. Work schedule indicating working hours and lunch breaks. For heavy types of physical work - hourly rest breaks.
7. The date of registration of the employment contract and the duration of its validity (fixed-term or unlimited). The date the new employee starts working is also indicated; if it is not in the document, the employee must begin his official duties the next day after formalizing the relationship with the employer.
8. Contractual obligations of persons entering into an employment contract and their rights.

An individual entrepreneur, as a person acting as an employer, is responsible for the legal literacy of the document and its compliance with the law.

It is necessary that not a single clause of the contract violates labor laws. If the individual entrepreneur nevertheless missed some important condition of the labor relationship, then in the future he will be able to correct this by concluding an additional written agreement with the employee and attaching it to the main contract.

The specified document is filled out in 2 copies, each of which is signed by both parties to the transaction. If the individual entrepreneur has a seal, then he certifies both copies with it.

Place and working conditions

The form of the employment contract between the individual entrepreneur and the employee must contain a section describing the place of work and the requirements for its implementation. Lawyers recommend that all job responsibilities of an employee be spelled out in detail. But we can limit ourselves to the phrase that before signing the contract, the employee was familiarized with the job descriptions, additionally reflecting this fact in the agreement itself.

As for the section on the place of employment, the following wording is allowed:

Place of work: IP Ivanova A.A., registered at Moscow, st. Puteyskaya, 3.

Or you can register the specific address of the production or store where the person will work. The fact is that labor legislation separates the concepts of “place of work” and “workplace” (Article 209 of the Labor Code of the Russian Federation). The first is a mandatory condition of the agreement, and the second is an additional one that can be dispensed with. At the same time, we must remember that if you indicate a specific address of a production or store, and later it changes, additional agreements will have to be concluded for all contracts.

Documents for employment

An employee applying for a job with an individual entrepreneur must submit the following documents necessary to conclude an employment contract:

1. valid civil passport;
2. documents confirming work experience;
3. health and pension insurance policies;
4. registration certificate or military ID for men under 27 years of age;
5. certificates, certificates, diplomas, certificates or other documentary evidence of the specialty of a citizen applying for a job.

Special Moments

The employer is obliged to draw up an employment contract in writing, but the law allows for any form of its preparation. The main thing is that the necessary contractual conditions mentioned above are fixed, and the employee’s rights guaranteed to him by labor legislation are not reduced.

Particular care should be taken when drawing up a contract when hiring a minor. By law, an entrepreneur can enter into an employment relationship only with a citizen over 16 years of age. As an exception, and only with the consent of parents or guardians, a teenager over 14 years old can be hired.

After signing the employment order and becoming familiar with the internal regulations of the enterprise, the new employee begins to perform his official duties.

If an employee who has started work does not have a medical and pension insurance policy, then the employer prepares these documents for him within a month. If an individual entrepreneur delays this period for up to three months or more, he may receive a fine of 10 thousand rubles. Its administration may also be subject to fines of up to one thousand rubles. In the future, the individual entrepreneur makes social insurance payments to the new employee in the full amount provided by law.

Agreement with LLC

An LLC agreement is a binding written transaction that implies mutual obligations between an individual and a legal entity.

Description

The agreement is concluded for any financial or commercial interactions, which is confirmed by Art. 161 Civil Code of the Russian Federation.

Required documentation for LLC representative:

• Charter of the Limited Liability Company;
• certificate of state registration of the Company;
• certificate of tax registration with the Federal Tax Service of Russia;
• extract from the Unified State Register of Individual Entrepreneurs or the Unified State Register of Legal Entities;
• if necessary, minutes of the meeting on the appointment of a director.

Documents for a private entrepreneur:

• passport or other identity document;
• official confirmation of state registration of individual entrepreneurs;
• extract from the Unified State Register of Individual Entrepreneurs.

Peculiarities

The structure of an agreement between an individual entrepreneur and an LLC is similar to the structure of an agreement between individuals. The document must contain the following items:

• date, address of signing;
• full passport details of participants;
• details of organizations - full name, division, KPO code;
• goals and plans of the participants;
• information about the subject of the agreement;
• rights and obligations of each person;
• responsibility of the parties, risks;
• payment options, cost per unit of goods or services, bank details;
• the possibility of changing the terms or terminating the contract, the consequences of non-compliance;
• the duration of the transaction;
• possible disagreements, methods for resolving them;
• force majeure, additional conditions.

Each copy is sealed and signed by the parties.

The personal presence of the customer or contractor is not necessary; you can send your representative. A notarized power of attorney is required for this.

Related questions on labor relations

The conclusion of an employment contract between two individual entrepreneurs is not prohibited by law. The contract in this case is no different from the usual, standard one, with the only difference being that the parties to the contract are individual entrepreneurs.

In civil practice, there are cases when an individual entrepreneur enters into an employment contract with himself, despite the prohibition of such a procedure by the civil code. This is possible when the individual entrepreneur acts as an independent subject of civil law and does not represent himself as the head of his company.

IP-IP agreement

An individual entrepreneur is an individual who has a special legal status. Therefore, their activities are subject to the Civil Code of the Russian Federation.

Description

The signing of an agreement between two individuals of a small business is carried out upon the supply of goods, raw materials, equipment, provision of services, rental, transportation.

List of required documents:

• two copies of the agreement;
• confirmation of registration of entrepreneurs and their tax registration;
• passport of an individual entrepreneur;
• OGRN certificate certified by seal and signature;
• certified TIN;
• an extract from the Unified State Register of Individual Entrepreneurs issued no earlier than 1 month;
• if necessary, a rental agreement for the premises.

Peculiarities

There are a number of conditions and requirements stipulated by legal regulations. According to them, the structure of an agreement with an individual entrepreneur should contain:

• date, address of signing the transaction;
• name of the individual entrepreneur, full passport details of the participants;
• basis of the agreement;
• element of the contract, its type, list of services;
• payment obligations;
• rights and obligations of the performer;
• deadlines;
• rights and obligations of the customer;
• exact cost, payment method;
• liability of the parties, fines, sanctions;
• the possibility of force majeure situations;
• alteration;
• reasons and possibilities for termination;
• validity period of the document;
• signatures of the parties, contact details, bank details.

For the provision of services

An agreement with an individual entrepreneur for the provision of services is a contract according to which the customer pays for certain services, and the contractor performs them. Agreements for the provision of services are possible in various fields of activity:

• security;
• communication, communications;
• education;
• medicine;
• economics, accounting;
• jurisprudence;
• public utilities;
• transportation;
• audit.

A written agreement for the provision of services must contain the following points:

• preamble - date, address, full name. all participants, name of the private enterprise;
• the essence of the service, its timing, financial details;
• obligations of the parties;
• responsibility of participants;
• acceptance certificate - if necessary.

It is possible to conclude a contract, lease, loan, or supply agreement.

Termination of the transaction is possible only by mutual agreement of the parties or by court decision.