A condition is not an essential term of a work contract. What must be specified in the design and survey contract

• customer;
• contractor.

The Civil Code does not establish any restrictions for individual subjects civil law for participation in contractual relations both on the part of the contractor and on the part of the customer, focusing on the general rules on the participation of citizens and legal entities in civil circulation.

As a general rule, when it comes to performing a small amount of technically simple work under a contract, they are performed personally by the contractor.

General contracting

However, when performing a complex set of works, especially in the field construction contract, the principle applies general contract. According to Art. 706 of the Civil Code, if the law or the contract does not provide for the contractor’s obligation to perform the work provided for in the contract personally, the contractor has the right to involve other persons in the performance of his obligations. In this case, the contractor acts as general contractor, and those attracted by him to carry out individual works persons are called subcontractors.

The contractor does not have the right to use a general contract if his obligation to perform the work personally follows from the law or the contract. Therefore, a contractor who has engaged a subcontractor to perform a work contract in violation of these requirements is liable to the customer for losses caused by the subcontractor’s participation in the execution of the contract.

The essence of the general contracting principle is that

• the general contractor bears before the customer liability for the consequences of non-fulfillment or improper fulfillment of obligations by the subcontractor (since only the customer and the general contractor are bound by obligations under the contract);
• the general contractor bears to the subcontractor liability for failure to perform or improper execution the customer of obligations under the contract (since he himself is bound by obligations under the subcontract only with the subcontractor; in in this case the general contractor is also responsible for the actions of third parties).

Due to this the customer and the subcontractor have no right to make demands on each other related to the violation of contracts concluded by each of them with general contractor, unless, of course, otherwise provided by law or contract. A general contractor who bears responsibility for the actions of third parties in accordance with the principle of general contracting has the right to resort to recourse liability, i.e. recover the losses incurred by him from the third party whose actions caused them.

At the same time, with the consent of the general contractor, the customer can enter into contracts for the performance of individual works with other persons (direct contracts). In cases of concluding direct contracts, the general contractor does not take part in them and the principle of general contracting does not apply, therefore, persons who have entered into direct contracts with the customer are responsible for non-performance or improper performance of the work immediately before him, and the customer, in turn, is responsible for non-performance or improper performance execution of the contract to these persons.

The issue of participation of several persons in the performance of work is especially regulated. In accordance with Art. 707 of the Civil Code, if two or more persons act simultaneously on the side of the contractor, then if the subject of the obligation is indivisible, they are recognized in relation to the customer solidary debtors(regarding the obligation to perform the work and hand over its results) and, accordingly, joint and several creditors (regarding the right to demand acceptance of the work and payment for it). If the subject of the obligation is divisible, as well as in other cases provided for by law, other legal acts or agreement, each of these persons acquires rights and bears obligations in relation to the customer within the limits of its share ().

Characteristic differences of the contract:

1. from compensation contracts on the transfer of property into ownership or use:
   • regulates the process productive activity, accompanied by the creation of a certain materialized result;
   • production, processing (processing) of a thing or the performance of any other work must be accompanied by the transfer of its result, including rights to it, to the customer (the result does not have to be a movable or immovable thing).
2. from service contracts:
   • result of work performed under the contract has a materialized form, and in contracts for the provision of services, the result of the performer’s activity has no material content and is inseparable from his personality (be it a musician’s concert, the activity of an attorney, or the transportation of cargo).
3. from an employment contract:
   • contractor according to Art. 704 and 705 of the Civil Code performs work at its own risk and, unless otherwise provided by the contract, own dependency , i.e. from your own materials, with your own strength and means. In contrast, an employee who has concluded employment contract, is enrolled in the staff of the relevant organization, is subject to the internal rules labor regulations and is obliged to follow the instructions of the employer.

Comment

However, with home work, the employee carries out a specific order and delivers the corresponding result, without being bound by internal labor regulations. Individual entrepreneurs are not required to establish internal labor regulations for their employees. Consequently, these differences are not clear enough for this distinction. Currently, the main criteria for distinguishing between an employment contract and a work contract are:

1. fulfillment by an employee under an employment contract of certain labor function, i.e. activities regulated by labor legislation, not necessarily related to the achievement of a certain material result;
2. extension to the employee of the system of benefits established by labor legislation regarding the quantity and conditions of work, its payment, as well as social insurance.

Essential terms of the contract

The essential terms of the contract are:

1. subject (Article 702 of the Civil Code) and
2. term (Article 708 of the Civil Code of the Russian Federation) ( courts, including the Supreme Arbitration Court of Russia, recognize that the second essential condition of this agreement is the deadline for completing the work, although before 2009 there was also an opposite point of view) ;
3. price of work ( Oseparate arbitration courts; although it can be determined in accordance with paragraph 3 of Art. 424 of the Code - Art. 709).

Subject of the contract:

1. individually defined thing - during manufacture;
2. specific materialized result in relation to individually defined things - during processing (processing) or performing other work;
3. the work itself (the activity of manufacturing a thing, its processing or processing, other types of work).

If there is no condition on the subject in the contract or if the parties fail to reach an agreement on its subject, the contract is considered not concluded.

More details

Considering that the subject of a work contract is always either individually defined things or a specific materialized result in relation to individually defined things, its most important characteristic is quality (Article 721 of the Civil Code). The quality of the work performed by the contractor, i.e. the result achieved by him must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract - with the requirements usually applied to work of the corresponding type. Consequently, unless otherwise provided by law, other legal acts or a contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract itself or certain usually imposed requirements. In addition, within a reasonable period of time it must be suitable for established by the agreement use, and if such use is not provided for in the contract - for normal use the result of this kind of work.

The law, other legal acts or in the manner established by them may provide mandatory requirements to the quality of the result obtained during the work performed under the contract. In this case the contractor acting as an entrepreneur is obliged to perform work in compliance with the specified mandatory requirements. In addition, the contractor may assume a contractual obligation to perform work that meets quality requirements that are higher than those established by the parties.

Law, other legal act, contract or customs business turnover for the result of work performed under a work contract, a period may be provided during which it must comply with the terms of the quality contract provided for in paragraph 1 of Art. 721 GK ( guarantee period).

subject (Article 702 of the Civil Code) and

term (Article 708 of the Civil Code of the Russian Federation) (the courts, including the Supreme Arbitration Court of Russia, recognize that the second essential condition of this agreement is the deadline for completing the work, see, for example, Resolution of the Federal Antimonopoly Service of the Volga District No. A65-24457/2008 dated March 11, 2011; certain Arbitration courts also consider the condition on the price of work to be an essential term of a work contract).

Subject of the contract

Subject of the contract is

both the work itself (the activity of manufacturing a thing, its processing or processing, other types of work), and

its materialized result.

If there is no condition on the subject in the contract or if the parties fail to reach an agreement on its subject, the contract is considered not concluded.

Considering that the subject of a work contract is always either individually defined things or a specific materialized result in relation to individually defined things, its most important characteristic is quality (Article 721 of the Civil Code). The quality of the work performed by the contractor, i.e. the result achieved by him must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract - with the requirements usually applied to work of the corresponding type. Consequently, unless otherwise provided by law, other legal acts or a contract, the result of the work performed must, at the time of transfer to the customer, have the properties specified in the contract itself or certain usually imposed requirements. In addition, within a reasonable period, it must be suitable for the use established by the contract, and if such use is not provided for by the contract, for the ordinary use of the result of work of this kind.

The law, other legal acts or in the manner established by them may provide for mandatory requirements for the quality of the result obtained in the course of work performed under a contract. In this case, the contractor, acting as an entrepreneur, is obliged to carry out the work in compliance with these mandatory requirements. In addition, the contractor may assume a contractual obligation to perform work that meets quality requirements that are higher than those established by the parties.

The law, another legal act, a work contract or business customs may provide for a period for the result of work performed under a work contract during which it must comply with the terms of the quality contract provided for in paragraph 1 of Art. 721 Civil Code (warranty period).

According to Art. 722 of the Civil Code, guarantees of the quality of the result of work performed can be divided into

legal, i.e. provided by law, other legal act or business customs, and

contractual, i.e. assumed by the contractor by virtue of the contract and provided for therein.

Guarantees of the quality of the work result, unless otherwise provided by the contract, apply to everything that makes up the work result.

The rules for determining the price of work performed under a contract are established by Art. 709 Civil Code. The contract must indicate the price of the work to be performed or the methods for determining it. However, if there are no such instructions in the contract, the price is determined in accordance with clause 3 of Art. 424 Civil Code.

In accordance with paragraph 1 of Art. 432 of the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement. Thus, the emergence contractual relations possible if two conditions are present: 1) the parties reach an agreement on all essential terms of the agreement, 2) giving this agreement a certain shape, if this is necessary by virtue of a legal act or agreement of the parties.

The first condition is the main one, since no contract can be completed without it, while the second does not in all cases affect the establishment of the fact of concluding a contract. For example, an agreement retail purchase- the sale is considered concluded in due form from the moment the seller issues the cash or sales receipt or another document confirming payment for the goods, unless otherwise provided by law or contract. However, the buyer's lack of specified documents does not deprive him of the opportunity to refer to witness's testimonies in confirmation of the conclusion of the agreement and its terms (Article 493 of the Civil Code of the Russian Federation).

The legislator's approach to characterizing the essential terms of a contract, as recorded in the new Civil Code of the Russian Federation, has undergone changes. This is expressed in the fact that they turned out differently certain types essential terms of the contract.

The second type of essential terms of the contract is “subjectively essential conditions", that is, conditions, in the absence of which this person does not want to conclude an agreement about which we're talking about. At the same time, the conditions that the party insists on including in the contract must not contradict the law Shevchenko E.E. Methods for determining the essential conditions of civil contracts: legislation and arbitrage practice// Law.- No. 3.- 2007.- P.11..

Not all conditions on which disagreements between the parties arose during the conclusion of the contract are considered essential. To do this, it is necessary that, in relation to the relevant condition, one of the parties expressly stated the need to reach an agreement under the threat of refusal to conclude the contract. Lack of agreement between the parties on unimportant conditions agreement (for example, a penalty in a supply agreement) does not entail recognition of the entire agreement as not concluded.

Thus, the new Civil Code of the Russian Federation (Article 432) includes among the essential conditions: 1) the subject of the agreement, 2) conditions directly named in the law or other legal act as essential for this type of agreement, 3) conditions regarding which, at the request of one of the parties, an agreement must be reached. When deciding the presence or absence of essential conditions in a particular contract, it is necessary to analyze the entire set legal norms regulating this type(type) of the contract and take into account the general provisions for concluding a contract.

The subject of the contract is specified in clause 1 of Art. 703 Civil Code. It may include the manufacture, processing or processing of a thing, or other work that has a tangible result. The ownership of the manufactured item belongs to the contractor; his responsibility is to transfer the manufactured item into the ownership of the customer. As a general rule, the contractor independently determines how to achieve appropriate to the task result.

Taking into account the above, an agreement according to which one party has undertaken to transfer to the other party a thing made from its material should be considered as a contract if it follows from its content that the interests of the parties include not only the transfer of the result of the work to the customer, but also the process of its implementation .

Because the legal framework The contract reflects the peculiarities of the legal relationship aimed at performing the work; the subject of the contractual obligation can only be a result that does not yet exist at the time of concluding the contract and which must be achieved by the contractor in the process of its implementation. If the parties have entered into an agreement on the manufacture of a previously created thing, such a transaction in its own right legal nature is a contract of sale and not a contract.

In the legal literature, the idea was expressed that “the essence, the specificity of a contract, which distinguishes it from other contracts, is precisely that the thing is created for another” Sklovsky K.I. Right to a construction project // Journal Russian law. - 1997. - No. 11. - P. 111..

Unless otherwise provided by the contract, the work is performed at the expense of the contractor, that is, from his materials, with his forces and means. In this case, the contractor is responsible for poor quality materials and equipment provided to them, as well as for the provision of materials and equipment encumbered by the rights of third parties.

From Art. 708 of the Civil Code it follows that clause 2 of Art. 314 of the Civil Code, which allows for the “healing” of contracts in which there is no condition on the period or on the procedure for determining it (in similar cases the rule of “reasonable performance time” applies) but does not apply to work contracts. For a contract, the term is an essential condition, and if the parties fail to reach an agreement on this condition, the contract is considered not concluded.

The initial and final deadlines for completing the work are essential terms of the work contract; in the absence of these conditions, the work contract is recognized as not concluded (Article 432 of the Civil Code). Interim deadlines are among the optional terms of the contract and can be established by agreement of the parties. If they are installed, then, as a general rule, the contractor is also responsible for their failure to comply.

Compliance by the contractor with the provisions provided for in paragraph 1 of Art. 708 of the Civil Code, deadlines have different meanings for the customer. The main goal of the customer is to obtain the result of the work by the deadline, therefore the establishment of initial and intermediate deadlines is subordinated to the goal of compliance deadline. Therefore, the customer has the right to refuse to accept the result of the work and demand compensation for losses caused by delay (clause 2 of Article 405 of the Civil Code) only if the contractor fails to meet the deadline for completing the work.

For a contract household contract the no-refusal rule applies commercial organization from concluding a contract if it is possible to execute it under pain of the consequences specified in Art. 445 of the Civil Code, including the obligation to compensate for losses caused in this way. The effect of the corresponding rule in relation to a household contract has a special manifestation.

In the contract, conditions such as the name ( brand name) parties, location of the contractor, types of work, its price, as well as an indication of the party that must provide the result of the work, payment procedure (in whole or in part), warranty periods, etc.

There is no reason to consider all of the above conditions to be essential. The latter, in any case, includes, first of all, an indispensable condition of any contract - its subject (clause 1 of Article 432 of the Civil Code). At the same time, one of the features of a household contract, which in a certain way reflects the interest of the customer (consumer), is that the quality condition, usually considered as component specifying the subject of the contract (thus as an essential condition of the contract), in this case it is not such. This can be confirmed by the fact that the Rules (clause 8) provide, in the event that there is no quality condition in the contract, the contractor’s obligation to still perform work suitable for the purposes for which the result of the work is usually used. If the contractor is familiar with the purposes that his counterparty-customer had in mind in this case, the work performed must be suitable for use in accordance with these purposes. Thus, the absence of a quality condition agreed upon by the parties does not invalidate the contract.

A different meaning is given to the price condition. In a household contract, unlike many other contracts<*>, this condition is recognized as being essential, i.e. one on which reaching agreement between the parties is essential. Moreover, if the price is set or regulated competent authority, the contract should not exceed it. Depending on the circumstances, the interests of one or the other party are protected by the fact that the condition of the price agreement, which is violated specified requirement, is recognized as void, and instead of it the corresponding condition will be valid in the edition that reproduces the approved price. The price clause in this contract may also be expressed by an estimate. At the request of the customer, the contractor is obliged to draw it up, however, with the fact that it acquires binding force only from the moment it is agreed upon with the customer. As provided in General provisions about the contract, the Rules distinguish between firm and approximate estimates. The provisions contained in this regard in the Law and the Rules basically coincide with those provided for in § 1 of Chapter. 37 of the Civil Code (meaning Article 709 of the Civil Code).

The construction contract must stipulate, among other things, which party is obliged to provide technical documentation and within what time frame. If this is to be done by the contractor, the documentation is subject to approval by the customer. The agreement under which the provision of the project is the responsibility of the contractor is called the “design and construction contract” Kuznetsova N.G. Contract agreements in investment activities in construction. Kyiv, Zhitnya, 1993.- P.15.. In addition to the distribution of responsibilities for the submission of design estimates, the contract must establish its composition and content.

Thus, the conditions determining who is obliged to transfer and when design and estimate documentation and what its content is, are among the necessary, and therefore, thereby, by virtue of Art. 432 of the Civil Code and the essential terms of this agreement.

Like all other contract agreements, the contract for the performance of design and survey work has its own material object: it is the result, which is expressed in the design technical documentation and data obtained as a result of the research.

Material object of the type in question contract agreements has the peculiarity that the result of the work expressed in it is only intermediate. This means that the final result will be achieved by implementing the intermediate object in material object another contract - a construction contract. And related to this is that the final assessment project documentation and data obtained as a result of survey work may ultimately appear upon completion of construction and subsequent operation of the facility, built in accordance with design and technical documentation and taking into account the surveys carried out. In this regard, the legislator imposed on the one who acted as the contractor in this contract the consequences of improper preparation of technical documentation and performance of work with deficiencies, including those discovered during construction, as well as during the operation of the facility created on the basis of design and technical documentation (clause 2 Art. 761 Civil Code). Another feature of this agreement is that it does not always end with the transfer of the results of design and survey work. This refers to situations in which the designer turns, in a certain sense, into a participant in construction, primarily exercising designer’s supervision over the progress of construction work. For this reason, the requirements for author's supervision and the consequences of their violation are usually fixed in the contract itself for the performance of design and survey work.

Contents government contract dedicated to clause 1 of Art. 766 Civil Code. It provides for the need to include in the state contract conditions on the volume and cost of the work to be performed, the dates for its start and completion, the amount and procedure for financing and payment for the work, and methods for ensuring the fulfillment of the obligations of the parties. Special rules apply in the event that a government contract for placing an order for contract work For state needs is based on the results of the competition. Then, in accordance with paragraph 2 of Art. 766 of the Civil Code, the content of a state contract is established using two sources. The first is the conditions of the announced competition (they must be determined in accordance with federal and interstate targeted programs). The second is the announced conditions of the competition and the proposals submitted for the competition, which come from the contractor, declared winner competition.

Listed in paragraph 1 of Art. 766 Civil Code, the conditions are in their own way legal significance mandatory and thereby essential for the government contract.

By virtue of Art. 72 Budget Code RF in the state contract should be included required condition on payment of a penalty in case of violation by the contractor of the contract. The range of conditions of a government contract in some cases is expanded by special legislative acts. Thus, the Federal Law of the Russian Federation “On the supply of products for federal state needs” highlights the possibility of establishing in the contract the conditions for control by state customer monitoring the progress of work and providing advisory and other assistance to contractors. At the same time, however, as the Law emphasizes, without interference in their operational and economic activities.

When concluding a work contract, it is not labor, but civil law relations. The contract is governed by the Civil Code. According to such an agreement, the contractor undertakes to perform any work on the instructions of the customer and hand over the result to the customer. And he is obliged to accept and pay for the work.

The contract has two parties - the customer and the contractor. It can be:

• legal entities;
• individual entrepreneurs;
• just citizens (capable).

Types of contract agreements:

• domestic;
• building;
• for design and survey work;
• contract for government needs.

Samples and forms of contract agreements:

Household contract

In household contracting, the contractor-entrepreneur performs work to satisfy the household or some other personal needs of the customer. This public contract. Relations under such an agreement are regulated Civil Code, as well as consumer protection standards and corresponding acts.

Construction contract

In a construction contract, the contractor builds an object according to the customer’s instructions or carries out other work within a specified period of time. construction works. The customer provides the necessary conditions for work, accepts the result and pays for the work.

Subject of the contract for a construction contract:

• construction or reconstruction of buildings (including residential), structures, enterprises, and other facilities;
• installation, commissioning and other construction-related work.

At major renovation buildings, the rules of the construction contract also apply. If, under such an agreement, work is carried out to satisfy the personal needs of a person, then the rights of the customer are additionally regulated by certain provisions of the household contract.

Carrying out design and survey work

The contractor (surveyor, designer) undertakes to develop technical documentation and (or) carry out survey work according to the customer’s instructions. The customer accepts and pays for the work.

Contracting for government needs

Construction contract work, design and survey work for government or municipal needs are carried out on the basis of a state or municipal contract.

Work under a contract

A contract is concluded for the manufacture or processing of a thing or for the performance of other work and the transfer of its result to the customer. Under a contract for the manufacture of an item, the contractor transfers all rights to the completed item to the customer. The contractor himself chooses how to perform the work. The work is done from the contractor's materials, using his own efforts and resources, unless otherwise agreed.

The contractor is responsible if his materials and equipment turned out to be of poor quality or were encumbered by the rights of third parties.

Mandatory terms of the contract:

• the subject of the contract is the result of the work that the other party wants to have after fulfilling the contract. We emphasize that the subject of the contract is not the work or services itself, but their result. The customer accepts and pays for the result;
• term of the contract. Two deadlines are indicated: start and end of work. You can also specify an interim work period (the deadline for completing each stage). The contractor is responsible for failure to meet deadlines. If the parties do not agree on the terms, then the contract is considered not concluded. The terms specified in the contract can be changed in some cases.

The main thing for the customer is the result of the work. The customer has the right to refuse to accept the work and demand compensation for damages from delay only when the contractor fails to meet the deadline.

Other clauses may also be included in the contract. This is decided by the parties themselves. The essential conditions that we mentioned above must be present. It is these conditions that distinguish a contract from other similar contracts.

General contractor and subcontractor

The contractor may involve subcontractors in the work (unless a ban on the involvement of third parties is specified). The contractor is then called the general contractor. He is responsible to the customer for losses caused by the subcontractor, consequences of non-work or poor quality work subcontractor. The general contractor is responsible to the subcontractor for the fulfillment of obligations under the contract by the customer.

Price of work

The price consists of compensation for the contractor's costs and remuneration.

The price is determined most often in three ways:

• indication of the price in the text of the document (usually for small works);
• determining prices based on market or exchange rates;
• the price is determined by the contractor's estimate. The estimate must be attached to the contract.

The last price becomes valid when it is confirmed by the customer. The price of work is:

• approximate;
• hard.

When can you increase the price:

• if needed additional work, and accordingly, extra costs. The contractor must notify the customer about this in a timely manner;
• if the price increase is deeply justified, and the customer is warned about this in advance.

If the customer does not agree to exceed the agreed price, he may withdraw from the contract. Then the contractor can demand payment for the work performed. The contractor cannot demand an increase fixed price, and the customer – to reduce.

When to reconsider a fixed price:

• change in the circumstances of order fulfillment;
• availability of savings on the part of the contractor;
• poor quality of work;
• failure to use all customer materials for work;
• significant increase in the cost of materials.

Please note that any price change must be registered additional agreement to the agreement. Otherwise, the customer may refuse to pay a higher price for the work.

Payment procedure for work

If the contract does not stipulate prepayment of the entire work or its individual parts, the customer pays the contractor the agreed price after complete completion of the work, provided that it is completed on time (or ahead of schedule with the customer’s consent) and properly.

The contractor may require an advance or earnest money only in specified cases.

Carrying out work using customer materials

The contractor must use the customer's material sparingly. Having completed the work, he reports on the consumption of material, returns the remaining material or, by agreement with the customer, reduces the price of the work, taking into account the price of the unused material remaining with the contractor.

If the result of the work performed does not meet the customer's expectations, the contractor may demand payment for the work performed.

The contractor is responsible for the failure to preserve materials and equipment provided by the customer and transferred to them for processing of things.

Customer rights:

• he can check the work and its quality at any time, but must not interfere with the work process;
• if the contractor does not start work on time, or works slowly (the result of the work will obviously not appear on time), the customer can refuse the contract and demand compensation for losses.

At any time before delivery of the work, the customer may refuse to fulfill the terms of the contract. But then he is obliged to pay the contractor a part of the agreed price in proportion to the part of the work done before receiving notice of refusal. If the customer terminates the contract, he pays the contractor for losses. Losses are considered to be within the difference between the agreed price for the entire work and the part of the price that has already been paid for the work performed.

The contractor is obliged to warn the customer that:

• materials, equipment, technical documentation provided by the customer, or things transferred to him for processing, are unsuitable or of poor quality;
• the consequences of performing the work using the methods recommended by the customer are unfavorable for the customer;
• there are circumstances beyond the control of the contractor that threaten the integrity of the work results or make it impossible to complete the work within the required time frame.

Acceptance of work by the customer

The customer and the contractor inspect the work, and the customer accepts it (subject to specified deadlines). If the customer sees deviations that worsen the terms of the contract, or other shortcomings, he informs the contractor.

You will have to answer for dishonest work

The quality of work must meet the agreements. If quality conditions have not been specified, then the quality must meet the requirements usually applied to similar works. If by law, contract, regulations or business etiquette If a warranty period is provided, the result must meet the conditions during the entire warranty period.

If the order is executed poorly, the customer has the right:

• demand that deficiencies be corrected free of charge within a reasonable time;
• reduce the previously agreed price proportionately;
• demand compensation for the costs of eliminating defects, if such a right was stipulated in the contract.

Time frame for detecting defects

If the warranty period is not specified, then reasonable time filing claims - two years from the date of delivery of the work. This period is counted from the moment the work is accepted or from the moment when the work should be accepted.

Confidentiality of information

Along with the result, the contractor provides the customer with information about the operation of the subject of the contract, if this is agreed upon, or if the result of the work cannot be used without this information.

If a party has received from the other party information about new developments and technical knowledge, including those that are not protected by law, as well as data that represents trade secret, then the party who received such information cannot disclose it to third parties.

When the contractor returns property transferred by the customer

If the customer terminates the contract (at legally) then the contractor is obliged to return the received materials and equipment, the item issued for processing and other property to the customer or person specified by the customer. If it is impossible to transfer materials, the contractor will reimburse the cost of materials and equipment. Lawyers recognize that a civil contract is more beneficial for employers than a legal one:

• no need to introduce performers to internal documents enterprises;
• no need to pay compensation;
• no need to pay vacation pay;
• no need to pay for employee sick time;
• from the amount of remuneration for civil contracts you need to pay less contributions to insurance funds.

However, if you need an employment contract, it is dangerous to enter into a civil law one. In case of inspections, additional insurance premiums will have to be charged. Some tips will help minimize risks:

• transparency of conditions (types and volumes of work, terms, prices must be spelled out clearly and specifically). Avoidance of vague formulations (for example, “complex of finishing works”);
• detailing the procedure for delivery and acceptance of work (there is no such clause in an employment contract);
• emphasis on “prohibited” conditions.

Some conditions can only be included in an employment contract, they cannot be included in a contract agreement.

The following is not allowed in a contract:

• set working hours for the performer;
• cite the company’s labor regulations and other regulations;
• prescribe the guarantees and rights for the contractor that are provided for labor legislation(“overtime”, “night” payments, additional payment for work on weekends, vacation, sick leave);
• the possibility of business trips for the contractor;
• conditions for free protective clothing and protective equipment.