Employment contract without entry in the work book

When an employee is hired, an employment contract must be concluded with him, and an entry must be made in the work book of the employee. In some cases, at the request of the employer, an employment contract is concluded without a work book.

Legally, this is possible when:

• the employee works part-time;
• the employee works for an individual - an individual entrepreneur.

Civil contract

In the case when, when applying for a job, an entry in the work book is not made, it is not an employment contract, but a civil law contract.

Such a contract may be concluded for a period not exceeding five years. It has the following structure:

You can download a sample employment contract without a work book at.

Varieties of civil law contracts

Employment contracts without an entry in the work book are of several types:

• copyright contract. It is issued in the case when the employee is required to perform one-time work of a creative nature.
• contractor contract. It is concluded when the construction team is hired.
• agency contract. Issued when an employer needs an employee to perform a specific job.

Advantages and disadvantages for the parties

Registration under an employment contract without a work book has both its advantages and disadvantages for both parties.

Benefits for the employee:

• the employee performs certain work, while he does not need to obey the internal rules of the company;
• the employee does not have the right to bring to administrative responsibility;
• a civil law contract may be recognized as an ordinary labor contract by a court decision;
• civil law relations presuppose the equality of both parties.

Employee Disadvantages:

• leave under such an agreement is unpaid;
• the employer makes contributions only to the health insurance fund and to the pension fund;
• the conclusion of the contract takes place for a strictly defined period, that is, after its completion, the employer can terminate the employment relationship;
• the employer does not pay sick leave;
• The contract does not include any additional payments (incentives, bonuses);
• the employer has the right to terminate the contract at any time, without two months' notice;
• pregnant employees who go on maternity leave are not paid severance pay;
• the employer is not liable to the employee for an injury received at work;
• An employee may be fined for failing to meet deadlines.

The benefits for the employer are that he is released from the following obligations:

The disadvantage for the employer is that the hired employee may not have sufficient qualifications. This can lead to negative consequences.

Differences between an ordinary labor contract and a civil law contract

There are the following differences between these two types of contracts:

1. Parties to the contract. In an employment contract, the parties are the employee and the employer, and in the civil law contract, the contractor and the customer.
2. Under a civil law contract, the length of service for an employee is not taken into account.
3. Under an employment contract, wages are paid twice a month, and under a civil law contract, an individual payment procedure may be provided.

Requalification of an employment contract into an employment contract

An employment contract without an entry in the work book can be changed to a regular employment contract in a judicial proceeding.

At the hearing, the following conditions are considered:

• the nature of the work assigned (what kind of work was assigned to the employee);
• working conditions (whether the employer provided the employee with a workplace, material for the performance of work, and whether fire safety requirements are met);
• what is the procedure for remuneration;
• the wording of the subject of the contract;
• social guarantees that the employer provides to the employee.