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What is the difference between a contract and an agreement? What to choose? Differences between the contract and the contract

In the process of building relations between the employer and the employer, an employment contract is drawn up, which establishes the rights and obligations of each of the parties. This paper can be concluded for a different period of time, indicating the specifics of the work performed. In this regard, different types of this document are distinguished, the most popular among which are an unlimited contract and a labor contract. It would seem, but what's the difference? What is the difference between a contract and an agreement? In fact, there is a difference, and significant. Each of these types has its own characteristics and features. Let us consider them in more detail.

The difference between a contract and an agreement

The contract provides workers with stable labor relations, without any time limits. If desired, a citizen can resign at any time, having previously notified the employer about this (at least a month).

As for the contract, this document immediately stipulates the duration of the employment relationship. It is concluded for a certain period, after which the employee can be dismissed without any additional explanations or re-employed. This is the first thing that a contract differs from a contract. In addition, it is possible to terminate the contract ahead of schedule only if the employer does not fulfill the conditions specified in this document. In other words, a person is actually tied to a place, and can not leave without negative consequences for himself. But that's not all. Go ahead.

The difference between a contract and a contract is the main points

The basic differences between these labor documents are as follows:

  1. Term. The contract does not have a certain period, whereas the contract is a period of 1 to 5 years with the possibility of dismissal or continuation of cooperation.
  2. The contract does not allow the employee to leave the place before the expiry of the document, whereas the person who concluded the contract can terminate the employment relationship at any time, at will. It is only necessary to notify the chief about this beforehand by writing a standard application a month before the departure.
  3. The difference between the contract and the state contract is also that when concluding the second document, both parties should notify each other of their desire or lack thereof regarding the continuation of the employment relationship. To do this they are obliged two weeks before the expiry of the document.

Additional contract specifications

In addition to these data, the employment contract also has a number of other qualitative characteristics, in particular, the following items:

  • Availability of additional conditions under which the document can be terminated at the initiative of the employer;
  • The material responsibility of the hired person for the damage caused to the enterprise or organization due to certain circumstances (this may be the destruction of material assets, their breakdown, improper storage, theft, etc.);
  • The right of the employee to compensation in the event that the employer does not fulfill the conditions specified in the contract.

In addition, the difference between the contract and the contract is also that the first document may include additional information on the organization of labor relations between the employer and the employee. This, for example, provides housing, places in kindergarten or a school for a child, etc.

Required documents

For registration of labor relations, certain papers are required. By the way, we should note that in this case it is not important what exactly we are going to conclude - a contract or a contract - all the same we need the same documents. So, the minimum package includes:

  • Official document proving the identity of the employee (most often a passport);
  • A work record book (in the event that this is not the first place of employment of a hired man);
  • A statement of the established form addressed to the head of the organization.

Depending on the qualification and the complexity of the work performed, citizens may also be required to obtain documents on education, various certificates, awards, certificates, driving license, medical book, passport, certificates of passage, internships or other papers that indicate professional training.

Structure of documents

Both the contract and the contract have a similar written form and an established plan, which consists of the following items:

  • Indicating the place of work and location of the organization or institution;
  • Data of the employer and the mercenary;
  • Duties and rights of both parties;
  • The amount of payment for the work performed;
  • The terms of the order (if any);
  • Additional conditions, which are indicated depending on the nature, complexity and qualifications of the work.

The concept of an employment contract

In addition to the documents considered above for the registration of working relations, there is also such a thing as an employment contract or a contract agreement. Unlike the state contract and the contract, this legal paper is formalized only for the period of the implementation of a specific task or actual action and does not require filing an application and a record in the workbook. As for the order, it can be car repair, text translation, tile laying and other similar one-time activities.

The employment agreement is always drawn up in writing, while the type of work performed, the duration, the level of complexity and its payment must be indicated. However, if the employment relationship is of a regular nature, the processing of such a document is unprofitable for the hired person, since it excludes such items as leave, sick leave, length of service, payment of taxes, etc. If the employee has concluded an unlimited contract or state contract with the employer, Will designate his duties, which are not spelled out in other official documents.

The labor relations between a mercenary and a worker can be formalized by means of various documents, such as a contract, agreement, contract and so on. Each of these papers has its own peculiarities and nuances. In this article, we touched on only a few of them, in particular, examined how the contract differs from the contract. Despite the apparent similarity, these are completely different documents. And to know their distinctive features is necessary for each applicant so as not to get trapped.

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