LawRegulatory Compliance

Registration by TC

Graduates of universities after the state examinations (some and much earlier) begin to look for vacancies, schoolchildren are looking for work-outs for the summer vacations, someone wants to change jobs to the one that will be closer to home, and someone does not have relations with the authorities in the former. There are not many reasons for finding earnings, but you just want to find something you want that will completely satisfy our requests. Today, in almost every job search announcement, you can find the phrase "registration for TC." What does it mean? So it is very much (if not all). After all, official employment or registration under the RF Labor Code is a guarantee of observance of the rights of a job-seeker. You can work on the basis of various contracts. But here are the rights and responsibilities in the case of registration for TCs are radically different.

In many cases, the same type of work can be performed under the GPC contract (civil-law contract) and labor contract. However, the work under the employment contract has its own peculiarities: only in this case the employer determines the working hours, the schedule, the place of performance of work (as a rule, on its territory). Also, he is obliged to make deductions to the Pension Fund, to social and health insurance funds. With other forms of employment, the employee himself determines the time for executing the assignment. As a rule, such contracts are preferable if the work is to fulfill specific orders. For GPC, for example, translators, journalists, photographers work. In this case, the registration of TC is impractical from the perspective of the employer: the employee fulfilled the order - received the money, but the employer does not have to pay him sick leave, leave to care for the child. It is also not necessary to provide social guarantees. Of course, you can work as an interpreter or editor, proofreader and in the state, at the office, at the hours indicated by the boss, but this depends on the specific enterprise and its needs.

In other situations for the overwhelming majority of professions and positions it is much preferable to design the TC. What does this give? Firstly, the "white" salary, therefore, it can be indicated always when you need confirmation of the amount of income (for example, when obtaining a visa). Secondly, there are certain social guarantees. For example, the right to paid leave, regional coefficients (allowances), the possibility to receive a pension in the future or go on maternity leave while maintaining the workplace. Thirdly, the employer is obliged to comply with the Labor Code, therefore, pay for overtime hours, work at night, any recycling. By law, the standard working week does not exceed 40 hours.

One should be attentive to such a point: most employers do not dare to accept a new employee immediately for a long time.

It is for this purpose that there is a so-called "probationary period", which can not, however, exceed 3 months (for some posts - 6).

If registration on TC is offered only after "test", it is necessary to be on the alert. After all, the opportunity to show oneself and certain restrictions related to the first months is provided for in the TC, which means that the contract can be drawn up in such a way that the registration is legal at once and the employee could receive a record in the work book and guarantees of timely payment of wages. Otherwise (without signing the contract) the employee will be much less likely to defend his rights if something goes wrong.

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