Freelance worker: “Dangerous” moments for the employer and employee. The concept of freelancers

An enterprise employee who is not on staff is a common phenomenon in modern world. Despite the fact that the law obliges business owners to enter into open-ended/fixed-term employment contracts or civil law agreements, many employers, in an attempt to save their money, underpay freelancers and do not provide a full range of guarantees and benefits. In such cases, the question arises what are the rights of the freelancer and what are his responsibilities.

Freelance rights: general provisions

The provisions of the Labor Code define only two concepts - employer and subordinate. There are no norms in the legislation regarding the specifics of hiring, dismissal and regulation of relations with freelance workers. This means that a freelance worker is an employee of an enterprise who is not on staff at a given company. Otherwise, the employee is recognized as one of the company’s full-time subordinates; he is simply engaged in activities—providing services or performing work—that are not related to his direct official responsibilities.

Freelance employees are usually hired if the production situation requires it - when the head of the enterprise requires someone to perform certain types of work or undertake the provision of services. Then to execution production tasks Specialists of various profiles are involved, but they work only during the period of fulfillment of the tasks assigned to them.

Rights of a freelancer: types of contracts

The law requires that an employment contract also be concluded with an employee who is not going to be hired - this will guarantee that the employee will receive payment for his work. In such a situation, they can be signed the following types

contracts: civil contract
(this option is chosen if the company does not meet the deadline or is unable to complete any work with its full-time staff, as well as if the staff simply does not have the required specialist); part-time employment contract
(this option is suitable if the company employs employees with the necessary qualifications - an agreement is signed with them to assign additional functions to them);(such an agreement involves the completion of work before some specified date or until the day when necessary work will be fully completed - here it is important to prescribe in detail the criteria by which the quality of work or services will be assessed);
employment contract for seasonal work(can be concluded for a period of less than 2 months or for a period of 2 months - in both cases the freelancer has different rights).

Rights of a freelancer: terms of the contract

The responsibilities and rights of a freelance employee will vary depending on what kind of employment contract is concluded with him:

Employment contract. When an employment agreement is concluded, the employee is registered with the company in accordance with all the rules regulated by the provisions of the law. This means that the employee has the right to count on all labor guarantees offered by employers. The employee himself is subject to all the rights and obligations of employees mentioned in the Labor Code. The employer will have to deduct their personal income tax and insurance contributions to the Pension Fund and Social Insurance Fund. Duration work shift, work discipline, employee receipt social benefits and other points concerning labor relations, must be complied with by the parties without fail.
Civil contract. When a civil contract is signed by the parties to an employment relationship, the freelance employee is not subject to the requirements for following the company’s internal work schedule, shift length, payment for work on weekends and holidays, and so on. Only the final result of work performed or services provided is subject to payment; the amount of payment is specified in the employment contract. An employee cannot demand any vacations; the employer does not provide him with social benefits. The employer withholds amounts to pay personal income tax and insurance premiums exclusively from monetary reward. Contributions to the Social Insurance Fund in the event of occupational diseases and injury in the workplace are made only if this is stated in the employment agreement.

In order to save their money and reduce the amount of taxable profit, business managers often offer to sign a civil contract instead of an employment contract. But inspectors of the Federal Tax Service have the right to file an application with the court demanding that employees be properly registered. If non-staff workers are seen to report to internal regulations company, labor regulations, comply job responsibilities together with full-time workers, receive money not at once, but periodically at equal intervals, the employer will certainly be punished by a court decision.

Rights of a freelancer in the event of conflict situations

If a dispute arises between an employer and a freelance worker that cannot be resolved amicably, the employee will have to go to court and defend his rights. This is why it is so important to work on the basis of the contract concluded before performing work or providing services. An employment or civil contract confirms the existence of an employment relationship between the parties to the dispute and guarantees the worker the opportunity to go to court.

In addition to the contract, signed by both parties - the employer and the employee - you can submit to the court an order to hire a freelance employee. If the work was carried out on the basis of a civil contract, in addition to of this document you should have with you a certificate of completion of work or a certificate of acceptance and transfer as confirmation of the fact that the employee conscientiously completed the instructions for which he should receive money.

Legislative acts on the topic

Common mistakes

Error: The employer requires from the freelance employee with whom the contract is concluded civil contract, comply with labor internal regulations companies.

A freelance employee of the organization is not listed among the staff, but a civil or employment contract has been concluded with him. In one of the companies where I worked, freelancers were 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 beneficial for enterprises, but it differs from hiring freelancers.

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

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 entered into an employment contract with an employee, he is subject to the same rights and obligations as specialists who come to the office five days a week.

In practice, the difference comes down to the fact that his position is not included in the staffing table, or you are looking for a specialist to help full-time employees. For example, you have two locksmiths, but from time to time they cannot cope with the volume of tasks, so you attract a third specialist.

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

Sample employment contract, which can be concluded with a freelancer m

Pros and cons of out-of-state specialists

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

Reducing the burden on accounting. However, this is only true if you outsource some functions - you enter into an agreement with the company, for example, on cleaning, eliminating the need to hire a permanent cleaner. Also, cooperation with individual entrepreneurs reduces the burden on accounting.
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 HR department is reduced if the head of the department or a responsible specialist is looking for a freelancer to perform a certain task.
Saving money. The work of freelancers is often paid on an actual basis; it is not necessary to accrue a monthly salary and advance payment. Another type of savings is the ability to rent a smaller office or purchase fewer tools (depending on the specifics of the business). A freelancer does not have to allocate permanent place, and he often has his own tools.
Possibility to hire an unlimited number of freelancers. The customer’s hands are free: the law does not prohibit hiring as many out-of-state specialists as you want.

The disadvantages include more high risks related to the performance of their duties by specialists. For example, such employees often do not feel like full members of the team, so they do not strive to establish communication with other employees, and treat their duties negligently.

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 small issues go through him, as through an intermediary. Non-staff specialists often do not have the bonuses and privileges of full-time employees, so they easily lose motivation. That is, you still need to be able to work with such employees.

Is it promising to work as a freelancer?

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

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

How promising is it to become a freelancer?

It’s difficult to give a definite answer: it depends on your specialization and the specifics of the industry. If you are looking for a way to devote time to some important things other than work, this will be, if not promising, then profitable for you.

In the future, a freelancer can really turn into a permanent specialist and even take up leadership position. Because any company prefers an already verified person to a stranger who came through an advertisement. But it's not that simple.

You may come across companies that save money by hiring freelancers. They are looking for smart, qualified, but insufficiently experienced specialists, offering a low rate, but with the prospect of being hired as a staff member. Since no one gives specific deadlines, 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 paid well once you get your own desk and chair in the office.

Freelance employee: how to apply correctly

And now the most slippery moment: how to guide a freelancer through accounting and legitimize your relationship with the employee? Concluding an employment contract is usually unprofitable for the employer, because then he will be required to pay a salary, advance payment, vacation, paid sick leave, etc. Therefore, a freelance contract is usually a civil form, which implies that one party acts as a customer, and the other as a contractor.

Sample of a civil law contract that can be concluded with a freelancer

Specifics of a civil contract:

The work can be paid at any frequency, but the contractor is not subject to your work schedule.
The contractor has no right to social guarantees, but personal income tax is withheld for each payment to him.
Mandatory insurance contributions are only to the Pension Fund of the Russian Federation and the Federal Compulsory Compulsory Medical Insurance Fund, but if the contract provides for payments for injuries, then the contractor may be entitled to them too.

As you already understand, 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 under this clause of the contract you may be given extra responsibility. Also carefully re-read the terms and amounts of payments, the possibility of receiving additional payment. If your work involves health risks, your contract should include a clause on compensation for medical expenses.

Are you familiar with the concept of “freelance work” or “out-of-staff work”? If not, I think you will be interested to know what it is, especially if you are looking for a job.

– this is work for a company, usually one-time, without being included in the staff. Many companies, in order to increase the efficiency of business processes, prefer to attract external employees (contractor organizations or individuals, both directly and through recruitment agencies), instead of hiring them as staff.

More often, the involvement of a freelancer is limited only to sending a cleaner from a recruitment agency, a technician for setting up and installing equipment, or hiring 2-3 security guards from a security services bureau. But sometimes, in big companies, especially in foreign ones, an entire department is assigned to the staff, and personnel are hired for a period from one day to several years.

Why is hiring a freelancer beneficial for a company?

For an organization, hiring a freelancer is undoubtedly beneficial. As a rule, workers hired in this way are on the staff of the contractor company or recruitment agency, and the organization that engages them under a contract may at any time require one “leased” employee to be replaced by another or may terminate cooperation altogether.

The employer also has the opportunity to get rid of worries associated with the hiring and dismissal of personnel, with the obligation to amend the staffing table, with the need to accrue and pay vacation pay, etc.

Another reason for freelance staff is the temporary need of the enterprise for highly qualified specialists. These can be both medium-term and short-term projects carried out by the company for an external customer. For example, personnel selection, and specifically a specialist in computer technologies to create a website or install software.

The reason why companies resort to hiring a freelancer is because they have vacant positions for a short period of time, during vacations or holidays. Why waste time and effort searching for an employee who will have to be fired soon anyway. So it’s better to hire the necessary specialist from the staff of the recruitment agency, and then calmly say goodbye to him.

How can freelance work be beneficial and convenient for an employee?

In connection with the crisis, it is not uncommon to Lately cases of mass layoffs of working personnel. But in some companies, managers, instead of cutting staff, prefer to wait out difficult times and offer their employees change job, and go on unpaid leave. This is good for both parties - the person understands that when the situation at the enterprise stabilizes, he will be able to go back to work, and at the same time the management will not lose a good employee. However, who will sit idle and wait for the situation at the enterprise to level out!? The best option will find temporary or freelance work - this way the person is not left without income and does not bind himself with obligations. However, out-of-state work is also suitable for those who are steadily employed but need additional funds. It is not necessary to break off your current employment relationship to find an additional source of income.

There are also people who, for one reason or another (for family circumstances, due to loss of legal capacity, peculiarities of worldview or character, etc.) prefer work at a distance. In this case, working as a freelancer will suit them perfectly.

Freelance staff are more free to create their own work schedule. Of course remote work ( freelancing, work from home, telework) and freelance work are not the same thing, but in some cases they are very similar. Therefore, in addition to a free schedule, the advantages of freelance work include compliance with some internal instructions of the enterprise (compliance with dress code).

If you find an error, please highlight a piece of text and click Ctrl+Enter.

A special service that carries out, within its powers, tasks to ensure the security of the Russian Federation.

This service is vested with the right to conduct preliminary investigations, inquiries, intelligence and operational search activities. A federal civil service is provided for civilian population and military service.

This body is headed directly by the President of the Russian Federation.

Structure of the FSB

In its structure, the FSB has departments, directorates, services, various divisions that carry out the activities of Security Security bodies, as well as divisions that are endowed with management functions. The structure also includes bodies which are departments (or departments) of the Federal Security Service for various constituent entities of Russia. In addition to them, the structure also includes those security agencies that exercise control over the troops. These are departments that are located in the armed forces, military formations, various troops and the bodies that manage them. The structure also includes border authorities. These are departments, squads or managements Federal service security of the Russian Federation for carrying out

FSB officers

Before you try to get a job, you need to understand what a freelance FSB officer does. Among the service employees there is a division into several groups: full-time and freelance.

Full-time employees are officially registered in the ranks of the FSB and have certificates confirming their affiliation with this authority. The scope of their powers is strictly regulated by official regulations and legislation. For exceeding their authority, these employees bear criminal or administrative liability, depending on the corpus delicti and the severity of the offense.

Freelance employees are not officially registered. Their cooperation is not recorded anywhere and occurs on a voluntary basis.

By getting a job as a freelancer, you can get into any of the divisions of the country's security service - border detachments or military formations.

Who is a freelancer?

A freelance FSB employee has a status different from a full-time employee.

Individuals, with their consent, may be invited by FSB bodies to cooperate in solving responsibilities that are assigned to the FSB itself. Recruitment can occur on a freelance basis. This means that the person who came to work is not listed anywhere official documents organs. It is on a voluntary basis. In most cases, this employee does not receive compensation and is not a personnel employee.

Authority

A freelance FSB officer is vested with powers that are determined regulatory documents federal body in the field of security. The activities of a freelance employee are controlled by a person authorized to do so by higher management. The actions of this employee are regulated by law Russian Federation.

A freelancer is not a person carrying out official service in the authorities. Despite this, his actions are also strictly controlled and regulated. Such an employee is not issued. His cooperation is for informational purposes only. The use of illegal methods of obtaining information, manipulation of data and provision of knowingly false facts will entail liability, the extent of which will be determined by the court.

Taking part in various counter-terrorism or counter-trafficking operations narcotic drugs, the freelancer must independently assess the danger or safety of the situation for him. He has no right to use weapons or violent measures. In case of failure to fulfill agreements or exceed authority, the service may refuse the services of a freelancer. To terminate the cooperation, you do not need to write a letter of resignation, work for 14 days, etc. The points provided for by law apply only to those persons who are officially registered. The remaining conditions are governed by an agreement between the freelancer and the Security Service.

Rights

A freelance FSB employee has rights and responsibilities almost the same as full-time employees.

A person providing assistance to the FSB authorities has the right:

conclude a confidential contract with the FSB;
receive explanations from service employees about their tasks, rights and responsibilities;
to maintain personal confidentiality, use documents encrypted for conspiracy purposes;
receive remuneration for work;
for damage caused to property or health during cooperation, receive compensation.

Responsibilities

Working as a freelance FSB employee involves performing the following duties:

comply with the conditions stipulated in the contract or cooperation agreement;
carry out the necessary instructions from the FSB;
do not provide intentionally false, biased or slanderous information;
not or any information relevant to the assignment.

In addition, there are a number of prohibitions that cannot be violated under any pretext:

engage on the basis of a contract deputies, prosecutors, judges, minors, lawyers, clergy or persons officially registered in religious organizations.

Information about employees working outside the state may be made public only after receiving written permission from these persons and only in those cases provided for by federal laws.

Control

The implementation of laws by the Federal Security Service is monitored by the Prosecutor General of the Russian Federation, as well as the prosecutors authorized by him to carry out these activities. Information about persons who have provided or continue to provide assistance on the basis of confidentiality, as well as information about methods, means, tactics and techniques of activity do not fall under the supervision of the prosecutor.

What freelancers do

Who is a freelance FSB employee? What is assistance?

In fact, freelancers are those people who almost always provide assistance to authorities. They take part in all kinds of raids or raids on retail outlets, provide assistance in identifying administrative offenses, and obtain useful and necessary information for the authorities.

They often provide assistance at large events where there are many people. For example, at football matches. Most often, they do not receive money for their work, but they can receive a certificate or gratitude.

What is the essence of the work

A freelance FSB employee, in fact, assists the official government body in every possible way. By carrying out various tasks, a person helps oversee the security of the country.

How to become such an employee

In order to join the ranks of civil servants, you need to figure out how to become a freelance employee of the FSB of Russia.

First of all, the most comprehensive information can be provided by the territorial body of the FSB of the Russian Federation in the city. To get an answer to your questions, you need to come to the FSB office in the city and ask for an appointment.

In one of the offices you can ask a question about how to become a freelance employee of the FSB. So, the person who wishes will be taken to the required department.

Once in the required office, you need to be prepared to be asked many different questions. Questions can be from the area of personal life, career, work, hobbies, plans, trips abroad. Being prepared to ask such provocative and profound questions will save you unnecessary stress.

When meeting with an employee responsible for making decisions or authorized to do so, you must be prepared to offer something to the FSB authorities. It is necessary to clearly understand why the structure itself needs cooperation. It will not be easy for a person who is simply in love with the romance of serving in special agencies to understand the difference between what is shown in films and what intelligence officers actually face. Only that person who clearly understands the full responsibility of service in the FSB, even if it is freelance, will be able to obtain permission to cooperate.

Often in city divisions special services There may be questionnaires, after filling out which an ordinary citizen can expect a call with an invitation to have a conversation. Such questionnaires contain a large number of questions on various topics, including personal information. The complete picture compiled by the employee based on the analysis of the questionnaire and communication with the candidate will help form the correct impression of the person.

Few people know that this man is a freelance FSB employee. There is little information on how to become one. And taking into account the fact that the activity relates to the security of the state, it is strictly prohibited to talk about it.

Terms of cooperation

Most often, in order to work as a freelance FSB employee, you must meet the following requirements:

have no criminal record;
be healthy physically and psychologically;
be checked by medical specialists.

About work - from employees

There is limited information available online about how the job actually works in this position. A freelance FSB employee does not leave reviews about his activities for several reasons:

The service is associated with dangerous elements, groups and is subject to secrecy.
Disclosure of information relating to the work of intelligence services is punishable by law.
In the case of cooperation with the FSB on issues related to drug trafficking or countering terrorism, disclosing information about one’s identity can be dangerous for the employee himself or his family members.

How to protect yourself

Many citizens, thinking about cooperation with authorities, are wondering how to protect themselves in case of unforeseen situations.

There is information that a freelance FSB employee, who is provided with a receipt from the service itself, can, on the basis of this note, go to court and appeal against any actions/inactions. However, to judge legal force and the reality of such a note is difficult. Most often, cooperation is carried out on a contractual basis, and receipts are not issued. However, if a receipt was given, then it is necessary to ensure that the points listed in it are indicated clearly and without ambiguity.

Who gets hired most often?

Representatives of official bodies report in interviews that most often they hire truly patriotic people. Those whose eyes sparkle fanatically are avoided so as not to provoke the organizations under surveillance. In addition, fanatics are difficult to control. Although such employees are not registered with the state, responsibility for their actions can be assigned to the security service structure.

Due to the fact that funding for such workers is limited, financial incentives for cooperation are extremely rare. These could be valuable gifts or letters of gratitude, but this rarely happens. In this regard, those who consider such work as an opportunity to earn additional income will be disappointed. Cooperation is carried out free of charge.

It is precisely because of the lack of additional finances that real patriots are hired. A person who wants to defend his country and his state on a voluntary basis will be useful much more than someone who wants to make money on the security of his country.

Restrictions

Typically there are no special requirements for this position. Bright tattoos or body modifications, or unusual hair color can become an obstacle. Factors that attract additional scrutiny can negatively impact a freelancer's safety.

Where to work

They will tell you where a freelance FSB officer is needed and vacancies. Moscow and the region most often place advertisements for the recruitment of such employees. You can find such information on the websites of official departments or directly on the message board in the city division of the FSB.

In Moscow, you have the opportunity to contact the Lubyanka directly, at the address: building 2. By visiting the complex of buildings included in the reporting ones, you can get full list information about personnel that are required at a particular moment, as well as leave a request by filling out a form or questionnaire and leaving your contact information.

Depending on where people are needed, you can receive an assignment or an offer of cooperation in one of the structures that are part of the service. Most often, the recruitment of freelancers is opened by the border service and security agencies in the military. For these two units, help is never too much. Both in the fight against illegal entry into the territory of the country, as well as in the import or export of goods, products, and other items, and in the ranks of the army, people are needed who can show additional vigilance.

The concept of “freelance worker” is familiar to each of us. Everyone intuitively defines him as a person who is not on the staff of the organization, but performs some kind of work that none of the regular employees has the opportunity to do. But what is the intuitive perception of the term and its legislative interpretation, to which only one can refer? It turns out that there is no official term for "freelance worker", which means that the law this type relations are not actually regulated.

Many dictionaries of economic terms give the following definition of the concept “” - a person who performs one-time work for an enterprise or institution without being included in the permanent staff. You can agree with him or not, it’s up to everyone. In fact, the definition of this concept was left to all organizations. So every leader has the right to interpret such a concept as he pleases. By by and large, this issue is extremely sensitive. After all, the legal status of a freelance worker is not regulated in any way, and in our country this can mean an almost powerless situation.

Defines only two parties to the labor relationship: employee and employer. There is no provision for such a special subject as a “freelance”, “off-list” or any other employee. It is worth noting that in Soviet legislation in by-laws the possibility of using the labor of freelancers was pointed out and the term “freelance worker” itself was even partially deciphered. Pre-existing joint instruction Ministry of Finance of the USSR, State Bank of the USSR and Central Statistical Office of the USSR dated October 10, 1962 “On the procedure for spending and accounting for the fund wages non-staff (non-scheduled) workers" said that "the wage fund of non-staff (non-scheduled) workers includes all expenses incurred by enterprises, institutions and organizations (hereinafter referred to as the enterprise) to pay for work not provided for in the fund wages staff and related to the production and operational activities of enterprises, which are carried out by third parties who are not on their staff. The involvement of such persons is allowed only in cases of extreme necessity and the impossibility of performing this work on a contractual basis with the relevant enterprises. In some cases, it is allowed to spend money from the specified fund to pay for work performed by employees on the staff of a given enterprise, if these works are not included in the direct responsibilities of these employees, for example, for teaching advanced training courses for personnel of the same enterprises, etc.” . In some regulations the use of such wage fund was regulated. In particular, its use for the purpose of material incentives for full-time employees was prohibited, which seems quite logical in the conditions of an administrative economy. There were also hidden hints of its existence in other industry regulations, but such a category was not directly indicated. From all these documents it can be concluded that Soviet legislation defined a freelancer as a person who is hired by an organization to provide a service or perform work that regular employees cannot perform.

Modern legislation does not directly speak of the existence of such a category of workers as temporary workers, but allows for the existence of some semblance of freelance workers. It should be noted that there are different federal laws, which also refers to freelancers, but in this case the basic law of the Russian Federation is considered, in accordance with which work activity on the territory of the Russian Federation, Labor Code of the Russian Federation.

The Labor Code of the Russian Federation obliges the employer to conclude an employment contract in all cases where any labor relations are established between him and the employee. That is, the presence of a contract is mandatory for “freelance” workers as well. What is an employment contract? These are corresponding contributions to the Fund social insurance and the Pension Fund of the Russian Federation. It is precisely because of the discrepancies in the definition of the concept of “freelance worker”, or rather its absence, that various misunderstandings arise between organizations and regulatory authorities. Many employers believe that they are not obliged to make these contributions, since these employees are “freelance”, that is, the provisions regarding “full-time” employees do not apply to them. However, the Labor Code of the Russian Federation states that all categories of workers are subject to all the guarantees that are enshrined in it.

The following can be recognized as work performed by freelancers:

1) Conclusion of an employment contract for a certain time

2) Conclusion of an employment contract for a certain seasonal type of work

3) Concluding a part-time employment contract

The possible definition of a contract for the provision of paid services as a freelance contract seems doubtful. Here there is a substitution of “service” for “work”. However, the similarity with the Soviet concept of a freelance worker is nevertheless very clear.

So, we can say that the concept “” or any synonymous concept is not enshrined in the current labor legislation. It causes different interpretations approach to formalizing labor relations properly. However, it is not worth saying that the introduction of this concept would somehow facilitate existing system labor relations. Apparently, the reason for this approach is some inertia in the perception of legislation by many subjects of labor relations.